Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-29
SUMMING Up Of CASE AS
viewed BY PROSECUTION
Defense Will Have First Hearing When
Court Opens Monday Morning

| Several Of the charges contained il
the articles ni impeachment against
| Judge John i. C"wan upon which the
prosecution has introduced no evidence
were, at the opening of court this
morning, dismissed upon the motion of
Counsel George Bangs for the board
Of managers. The particular incidents
| dropped today follow:
Specification five OF charge two.
charging drunkenness in c"ur, room, at
AIjmcwa,1kan November 10, 1910.
Specification six OF charge two,
charging dr't1kennesS in court room al
Minnewaukan December 10. 1907.
Specification seventeen of charge
two, charging drunkenness in clerk OF
courts office at Rugby June Is. 1909.
Specification seven of charge three.
charging that he frcqucnted Otto
Chiostri>' restaurant in Devils Lake,
alleged TO be a blind pig.
Specifications one and two OF the
fourth charge, relating to so-called
Edith Mcdonald incident at AIinnc-
waukan about December ]. 1909
Specification one of charge five. al
lcgng assault upon Miss Nelle Slullz
in the clerk of courts Office at Rugby
about June 10, 1909.
This does away entirely with the
fourth and fifth charges. leaving five
charges out of eight on which the court
will pass judgment on Judge Cowan,
and under those five charges there are
Il total Of seventy eight specifications,
several Of the specifications under thcl
sixth charge having been previously dis
missed.
Immediately the dismissal of these
several specifications was brought about |
f. X. Sinklcr, associate counsel for
the prosecution. opened the closing |
arguments for the board of managers. |
He began the address shortly after 10 |
o'clock. continuing till noon. and re-
Stunning again after dinner with prob
ability that he will finish between 5
and & o'clock this afternoon.
In opening Snkler thanked President
Burdick on behalf of the board of
George Bangs and himself,
for his absolute fairness throughout,
and he also thanked the senate for its
kindness during the progress Of the
>a>e. Many things about the case had :
,een unpleasant, he said. still the
rial had progressed to his satisfaction:
1t was unfortunate that the case had
arisen, but the blame for the proceed
ngs was placed by Sinkler upon the
shoulders of the respondent himself.
lie: be called together for the purpose
If passing upon fitness of a fellow
,itizcn to hold public Office, is all un-
pleasant duty fallen to the members
If the senate.
Statements that had fallen from the
ips Of the accused in his opening state
nent, and from Attorneys Cuthbert
nd Tracy Bangs of mfairness, of un-
lerhand work, and of bribing, were
attributed by Sinkler only to zeal and
of the defense. and he de- Il
lied that at any time has the board ,
If managers or counsel taken any
hing other than fair position. hold
ng no personal feeling or enmity to-
ward Cowan. In the prosecution. no
action, party or person has been recoy- |
lied.
He did not believe that any member 5
# the court had prcjudeed the case. s
or that there was lineup as had !
cen charged. but that tho members OF t
he court would pass Judgment as men. +
ot as republicans. stawarts, insur- a
ents. or democrats He did believe $
hat there were some men in the court
0 whom the duty of pronouncing John i
-owan guilty would be the hardest act
yer performed by them.
Senator Hookway'S action Thursday t
u casting his vote was scored bv Sink !
er as illegal, his decision having been i
made before the case was in fact
losed Sinkler quoted the supreme
ourt decision in which he and Hook
ray had been attorneys, involving :
tatement by the district court Judge