The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-01
FULKERSON
TESTIFIED
Witness Said He Saw Cowan
intoxicated in '09
he WAS AT CHURCRS FERRY
THE FIRST WITNESS TOLD IN DE-
TAIL THE CONDITION IN WHICH
HE SAW JUDGE coWAN A YEAR
AGO LAST sUMMER-FlRsT OBJ
LECTION BY DEFENSE.

AGO LAST sUMMER-FiRsT OBJ
LECTION BY DEFENSE.
Bismarck, N. D., April lat the
opening Of court this morning Presi-
dent Burdick addressed the senate in
regard to the matter Of explanation
Of the votes and on the matter of de-
termining evidence, to decide whether
or not the defendant in these impeach-
ment proceedings is fit man to hold
the position Of judge. His remarks
were:
Senators, this is a very extraordi-
nary proceeding. While the constitu-
ton and the statutes of our state are
quite explicit as to impeachment pro-
ceedings, yet many questions Will arise
which will not be covered by either.
The statutes provide that each specifi-
cation shall be voted on separately as
an independent case, yet no judgment
will be expressed by a vote until the
entire eighty seven cases are pre-
scented. No human mind is capable of
remembering, after the close of the
case. the evidence and law in each
particular case. hence you will neces-
sarily have to consider the matter as
a whole; the gist of the case being,
Is the respondent a fit man to hold
the position of Judge?
In regard to the senators explain
ing their votes, interpret the rules
to mean in view of the we'll known
procedure, in such cases, that a mem
Der may explain his position or the
propriety of acting then or at some
other time or suggest alternative
courses of action, but he cannot enter
into an agreement as to the merits.
This matter, however, Is entirely
within the control OF the senate sitting
as a court and the presiding officer
has no inclination to overrule the
wishes OF the court"
FuIkerson First Witness.
A slight change of the programme
brought j. H. Fulkerson of Crary to
the witness stand first in the big
Impeachment trial. His testimony was
cited as an unspecified instance by
the counsel for the prosecution.
The examination WIS conducted by
Geo. a. Bangs, who brought out that
what. in his opinion, was an intoxi-
Gated condition at some time during
the summer Of 1909, though at no time
was he bale to recall the exact date
nor which one of the summer months.
He stated in cross examination that
he paid no attention to the incident
as he did not charge his memory
with 1t. Also he stated he had never
seen Judge Cowan in that condition
before or since, and he has known him
for a period covering more than
twenty years.
1t was brought out in the incident
cited that the witness was waiting for
a train on the Great Northern station
platform at Churehs Ferry one after
noon in the summer of 1909 for the
east bound train No. s, and many peo-
pie were present for the same purpose.
Just as the train pulled in he said
Judge Cowan appeared in company
with DR.. Flath, John Anderson and
Mr.. Taylor, Judge Cowan's stenogra-
pher, one on either side OF the accused.
DR.. Flath and Mr.. Anderson were said
by the witness to be helping Judge
Cowan along, and Mr.. Taylor was
pushing him from behind. He said the
Rccused's feet were dragging and his
body was timber. and that all three
were virtually carrying him.
Fulkerson stated he thought they
had come from a restaurant or a hotel
nearby, as he saw them making for
the platform from a distance of some
forty or sixty feet away. He stated
they had to fairly lift Judge Cowan
into the train. though he asserted he
did not observe closely. He said Cow
ans hat was on the back of his head
his hair was disheveled and hanging
over his forehead and his face was
red.
First Objection.
The counsel for the defense made
its first objection when Geo. A. Bangs
asked the witness directly in what
condition the respondent was at that
time. The objection was sustained by
the chair.
Tracy Bangs stated that witness was
not qualified to determine whether
Judge Cowan was drunk or not any
more than anyone else. Geo. A. Bangs
cited the Massachusetts law under
which 1t has been held that child
OF years is in position to Judge
on the condition OF drunkenness.
President Burdick allowed the witness
to testify as to his personal opinion.
that the senate might take 1t for what
1t was worth
When Geo. A. Bangs asked the wit
ness what effect the sight had on the
others present, the counsel for the de-
Tense again objected by stating that
the accused was not being impeached
for other peoples thoughts and inn
pressions but for the charges made
against him. The chair ruled that the
witness might testify as to what he
saw.
In answer to the question OF the
counsel for the prosecution. Fulgerson
said he had told all he had seen and
that Cowan was the center OF attrac-
tion on that occasion and that the
people looked and wondered.
Gross Examination.
In commencing the cross examina-
ton Tracy r.. Bangs turned to his dis
tinguished brother and said good hu-
rnoredy: II am in doubt on account
Of the way the counsel has gone about
this testimony, whether l shall cross
examine you or the first witness.
He pointed first to his brother and
then to the witness on the stand.
The witness stated to the counsel
for the defense that lie had talked
sof this instance to but one person,
Henry Thompson, since its occurrence,
and denied having conveTsed with Joe