Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-17
KNOX BANKER ON STAND
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Continued from page ~
Axel Egeland, president of the First
National Bank of Bisbee, proved a
very material witness for the defense,
testifying to the Devils Lake incident
when the Judge was accused of smok-
ing on the bench, as testified to by
Duffy for the prosecution, witness had
been before court of Cowan and sWore
positively that Cowan was sober and
did not sleep on the bench. Witness
also related the Bisbee hotel incident,
refuting testimony of Gill, former no.
tel keeper.
Mr.. Egeland went into every detail
clearly and gave accurate accounts
of the judge and his party, he being
with him most of the time during his
visit Said that Cowan had some land
in which he was interested, and had
invited the Judge to his bank, where
several people of Bisbee called to see
Cowan, also that they enjoyed a lunch
con at the rear of the bank during the
that the party had beer during the
the hotel when the party dispersed
and CoWan went up to his room. He
saw the accused the next day in the
early morning, and was with him until
the party left town. Cowan was sober
all OF the time and at no time did he
observe any signs of intoxication. On
cross-examination witness admitted
that the party rad beer during the
evening, bunch of good fellows gath
cred, but that none became intoxicat-
ed, and denied that anything else was
used except beer. Stated that Bisbee
had bunch of good fellows. The<only
incident of the morning came when
George Bangs attempted to bring out
from the witness that his testimony
was biased, on account Of litigation, in
which Egeland was interested, had
been held up by Cowan, favorably to
witness. To this Tracy Bangs object
ed on the grounds that it was another
instance where prosecution was at
tempting to bring in evidence which
had already been ruled out by the
senate.
The next two witnesses for the de.
tense were John McCauly and James
Ryan, pioneers of Lake township ad.
joining Devils Lake, both testified as
to the incident of primary election
day of last year, when Judge COwan
appeared at the voting precinct in the
afternoon. Ryan had known Cowan
for q years and McCauly twenty
years. When asked as to Cowan's
condition on election day both swore
positively that the accused was abso.
lutely sober and showed no signs of
intoxication: George Bangs brought
out in cross examining McCauly that
he had drank on but one occa-
sion with Cowan, and when asked by
Tracy Bangs for the defense where
and when, witness stated that it was
in the office Of Col. Oreel." Witness
denied that he was political agent
of the Cowan forces in Lake township,
but had been on. the board at different
times.
On cross examination Of witness
Ryan, he admitted having purchaser
beer in Devils Lake during the past
year. Had never seen Cowan take a
drink or ever drank with him. Had
seen Cowan many times. When asked
as to his political Affiliations witness
stated that he was republican, and
admitted that he had been both with
and against Cowan on issues. Denied
belonging to the machine element of
any wing of the party but insisted that
he was republican.
The testimony Of the morning was
very strong in Cowan's behalf, and
none of the witnesses were shaken
during cross examination by prosecu-
ton.
Herman Rutten of Devils Lake, re-
siding there since 1856 and former sher-
if of Ramsey county, assuming that
position some time after Cowan mount
ed the bench, said that he saw Cowan
several times on the November cleo
ton day, both morning, afternoon and
evening, the last time being in the
county auditors office between 9 and
10 o'clock. At no time during the en-
tire day did Cowan show any signs
of intoxication. Upon the occasion of
the visit in the auditors Office, several
men had become engaged in heated
argument. When Cowan came in he
said something to these men, suggest
ing that they discontinue the argu-
ment as It might lead to trouble, and
argument ceased, just as Dan Bren-
nan entered the room. In the even
ing Rutten said that Cowan was en-
tirely sober. This is the occasion that
Brennan said Cowan was paving" ov-
er election returns and mumbling to
himself.
Attorney f.. T. Cuthbert, one of the
counsels for the defense, was the first
witness called this afternoon, testify
ing with reference to the alleged case
Of intoxication testified to BY Joseph
Duffy. who told Of cowan's being in