Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-01
COWAN Case WILL COST

Continued from page ~
parchment of Judge Cowan before the
! house, the writer had an opportunity
of becoming thoroughly familiar with
the anti-Cowan publicity campaign.
On several occasions ne was ap.
preached with requests to publish this
or that piece of alleged evidence ad.
duced before the house committee,
such evidence being in the form OF
affidavits.
Two of these affidav1ls, used against
, Judge CoWan and which have since
fallen from view, with absolutely no
evidence being introduced in the
court of impeachment to substantiate,
relate to the so-called Fitzgerald in
cident and the so-called Edith Nc
Donald incident, the former occurring
in Devils Lake and the latter at Min
NJ waukon. Requests for the publ
! cation Of these adffiavits were made
upon the writer, such request being
denied so far as the columns of the
newspapers represented by him was
concerned. And while of course these
pieces of alleged evidence were pub
lished, it is quite possible that the
situation now existing, with no evil
dence before the impeachment court
to sufstantiate, is sufficient in itself
10 convince the average reader Of
the zeal purpose of the articles as
prepared last February
OF course, there are two sides of
This question also. For instance,
Edith Mcdonald is absent from the
state, and the prosecution has unhesi-
tatingly lnsinuated that perhaps the
defense has some little knowledge as
to the reason therefor. Perhaps the
defense does know why Miss Melon
aid is out of the state at this time
remains, however, that she did not
appear as witness in the case, nor
was evidence introduced through any
witness tending to prove any portion
of the allegations made in connection
with this affidavit at Minnewaukan.
On the Fitzgerald, publish at the
time of the impeachment, it has been
relegated entirely. Fitzgerald claim
ed in this affidavit that some five or
six years ago he was with Judge
Cowan in house of i'll fame located
near Devils Lake, such house being
mere specifically designated in the
affidavit. 1t was soon found that the
place in question had been closed SO
far as it's being a place of i'll fame is
concerned for about ten years, while
the woman who supposedly was the
rroprietress thereof at the time men,
toned in the affidavit, had been alb
sent from the state during the last
decade. That is probably the reason
this charge, one of the most damning
that was brought against the jurist,
has been buried.
Faults on Cowan's Side.
No doubt, there are faults to be
found with the means employed by
Judge Cowan in fighting for acquit-
tai. 1t is not to be supposed that all
of the "unfairness," if it may be des'
ignated as such, is on one side.
The prosecution has brought to bear
against the defense charges, either
through the anti-Cowan press or by
other means, that efforts have been
made throughout the case to sup
press evidence, intimidate witnesses,
etc. Only one charge Of witness in
timidation reached the court of i'm
parchment and it fell with dull
thud.
CHARGES Against Senate Natural.
The charges that have been made
of lineups in the state senate are only
natural. They cannot but become
aired in a case where the bitterness
between the warning factions is so
much in evidence.
That there is a. lineup to acquit
Cowan, and that there is lineup to-.
convict, or at least make acquittal
we'll nigh impossible, is the only fair
construction to place upon the situa.
ton when one attempts to Judge that
situation by the manner in which the
votes have been cast from time to
time during the progress of the case
since March %.
For instance, ever since the case
was started, there has been an almost
equal division Of the senate on Ques.
tons involving introduction of evil
dence. Sometimes the fight has gone
In favor of Judge Cowan, on other
occasions the tide of battle has been
against him.
And so, in the course of events,
there emanated the charges of line
up, these charges being directed at
that portion of the senate claimed to
be lined up for the acquittal of the
jurist. Then came the investigations
and with it admissions from several
IF the witnesses on the stand that
here was, in fact, just as much rea-
son for charges of q lineup for the
conviction of Cowan as there was for
his acquittal-and that is the situa-
ton that exists today.