The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-15

became engaged In brief discussion
with them as to their attitude in the
matter Of releasing witnesses.
Here 10 what the journal shows Of
the incident, 1t having opened f3rat
with DR.. Flath on the stand. or m
rather, Just when he had Concluded
giving his evidence.
tracy r. Bangs-Do you want to
Keep this witness, he wishes to GET
away to 80 home on the first train.
george A. Bangs-I do not think an
out ne cant leave tonight.
Tracy r. Bangs-He went last night
to Fargo and back.
George A. Bangs-What time did he
Dr.. Flath-at 7:40.
Tracy r. Bangs-Where do Won
want to 60 tonight7
DIR. Flath-Home.
George A. Bangs-Get your reliefs
signed by the other side and we will
see you tonight at the hotel.
would like to say that my recol-
lection is, Mr.. Bangs, that You
wouldn't sign the leases for your Wit
nesses and kept two old gentlemen
here five or six days. My recollec-
ton is very clear because they came
to me two or three times for me to
lntercede, that is how I remember II:
Tracy R. Bangs-Maybe we liked
them. "" Ae1
George A. Bangsg think you did,
L. J. Palda, Jr.. = as q witness
on behalf Of the respHe It.
Tracy R. Bangs-IAh1> at this
time to call Judge PalA% ,ewhat
out Of the order anticipates the
reason he has some very im@t. ut
business in st. Paul and wants
away. He has law suit that con e
up Monday.
George A. Bangs-I will not agree
to Judge Palda's being released: I
VIII say that now. regret extremely
that that condition should be forced
on me, but cannot at this time agree
that he shall be Immediately released.
Mr.. Palda-I will stay IL have to
stay month.
Senator Stmpson-Do you have any
objection to calling our attention to
which particular specification Judge
Palda Is called on.
Tracy Bangs-I have not, am
figuring out whether Judge Palda can
get through with his business and get
back. He has matters down there
that involve great deal Of money.
Mr.. Palda-I cannot get back before
Thursday or Friday.
George Bangs-It may be that I
can. Inasmuch as counsel is
speaking 80 loudly In his conversation
with his client, l will state that I
wouldn't let him go until l had an
opportunity to examine and ascer-
tain whether I want him or not. It
may be possible he can go tonight,
but l can't agree until after he has
been examined. L think my records
will show pretty clearly that I do not
unaccommodate people.
Tracy sBanks-I do not believe we
will take any chances. a,,. y, i. u,
Georgef RanEs-You can 10 IL you
like. One Of the reasons I might say,
is that that register has not been in
troduced which we have demanded
repeatedly. Judge Cowan stated that
Judge Palda would be called with re-
spect to the Rugby incident.
Judge Cowan-It has been here sew
eral days.
George Bangs-Why wasn't 1t intro
duced.
Mr.. Cowan-Because it was forgot
ten l suppose.
George Bangs-Thy why didn't you
get It?
Mr.. President-We will take re-
cess until you get it If that is what
you want.
COwan Not Drunk.
John Anderson was the first wit
ness called for the defense yesterday
afternoon. He said that he had not
seen Cowan in Churchs Ferry in the
summer of 1909, as had been testified
I! to by Fulkerson and Stansberry for
,the prosecution. nor had he ever as
sisted Cowan in boarding train or
crossing the depot platform in that
city. He had met Cowan on the depot
one time in 1907 and had gone to
Devils Lake with him, but he de-
clared that the Judge was not then
under the influence Of liquor. He
also spoke Of DR.. Flath being present.
On cross-examination Anderson said
that back in 1894 he had been con-
victed Of violating the prohibition
law. He was asked II portion of the
hotel that he had been running in
Churchs Ferry had been known as
"Anderson's pig" but declared that so
far as he knew It was not. He said
that he was friend Of sowan, and
stated that he was friend at the
time Of his conviction for violating
the prohibition law. This witness be-
came badly mixed in the matter Of
dates.
Redirect examination brought forth
the statement that John Cowan, as
attorney general, had prosecuted that
charge against him and that he had
been convicted before Judge Morgan.
Flath Next Called.
DR.. Flath Of Churchs Ferry was the
next witness called and testified to
the same incident. He had seen
Cowan in Churchs Ferry some time
during the summer Of 1907, but that
he was not intoxicated. although he
thought at the time that the Judge
might have taken drink. or two. He
said that Cowan was walking along
the timber that was used in keepipg
the cinderse used as platform in
place, and denied positively that he
had supported Cowan or helped put
him on train.
~ h~o.c ovo IL, a <io,, rv U1o<l, od