The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-07

Bismarck, N. D.. April Tt was an
nounced from the presidents desk
this morning that the house board of
some one in the city charging some
person with attempting to influence
the testimony of witness for the
prosecution.
An investigation was instituted,
President Burdick appointing Senators
Kretschmar, Cashel and Mclean on
the committee to probe the matter and
report to- the senate
No disclosures were made and the
president announced emphatically that
the publication of any name in con-
nection with the person so charged in
the newspapers would be without the
authority Of the senate,
Andrews on Stand.
Witnesses called in the Cowan case
were John Andrews, deputy secretary
of state, who produced exhibits / to 8,
inclusive, of the oath of office of Judge
Cowan at the beginning OF each of
his terms, commencing Dec. %, 1900,
when he first began drawing a salary
as judge.
Jorsenson on Stand.
Carl Jorgenson, deputy state auditor,
was the next witness. Jorgenson pro-
duced exhibits to 81, inclusive, show
ing the certificates filed in the auditors
Office by the accused, that no motion,
application, question or issue OF fact
was without decision before drawing
his salary, as provided by law, to-
gether with the warrants issued to
Judge Cowan and the letter of ex-
PLANTATION in regard to certain delayed
cases during the year 1909.
Tracy Bangs Objected.
Tracy Bangs objected to the intro
G1uction of certain exhibits on the
grounds of there not being competent
evidence and that the vouchers were
no part Of the fling of certificates.
The objection was overruled. Inquiry
was made in regard to the comparison
of the present form of certificates with
the same prior to the revision of the
state codes Deputy State Auditor
Jorgenson thought they were the same
an form and substance.
Rugby Man.
Louis Nostal of Rugby was the next
witness called to testify in regard to
specification 2, charge 6, relative to
the court case of Thomas II. Oxen
dahl, administrator OF Thomas Jacob
son, VS.. Anna and Clifford Holes, heard
March Z, 1906.
He was called for the purpose of
establishing specification in charge s.,
relating to delayed cases.
The witness was the attorney in the
case OF Oxendahl VS.. Holes, which was
submitted for trial March 3, 1906 In
! which it Is alleged Cowan neglected
and refused to decide.
Nostdahl produced a copy of a letter
supposed to have been written to
Judge Cowan regarding the case, but
surprised the prosecution when he in
formed them he did not know whether
! ne had sent the original to the re-
spondent or not
Counsel Bangs then asked Judge
Cowan to produce the original letter.
the accused jurist stated in reply that
he had searched his files but was un-
able to find any such letter.
Another letter relative to the case,
written by Gov. John Burke, was iden-
Iibit 81.
AT this time the procedure was In
terrupted by Counsel Bangs. Mr..
Bangs said:
Sensation Created.
II wish TO state to the court that
this is an adverse witness"
All was confusion for few moments
following this statement
Attorneys for both sides were on
their feet
The witness appealed to the presi-
dent to make statement, which was
granted
Il have been here for ten days and
have made repeated attempts to get
my testimony before the prosecution
and have not been able to do SO until
last night
George Bangs said in reply:
"You know why, don't you?
cts 1t not fact that you have been
an adverse witness all the way through
and have been agitating against the
prosecutiOn?'
The witness replied he knew posi-
lively that the counsel was mistaken
in such an allegation.
The witnes was turned over to the
defense for cross examination, during
which Tracy Bangs had an occasion
to show his cunning. when he obtained
for the prosecution the letter which
had been denied him, during the ex-
animation. by asking the witness to
produce the correspondence which
was then In the hands Of the prosecu-
ton. Frequent clashes occurred be-
tween the counsel over the witness
and again Attorney Nostdahl appealed
to the president asking to be allowed
to make statement as to the 'tinsinuar
lions hurled IL Tracy Banga words