Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-31

but its phraseology is plain, clear and
explicit. If, from the evidence, two
thirds of this senate is satisfied that
at any time charged in these specifi-
cations, John F. Cowan appeared and
was found intoxicated in a public
place, then he is convicted. Not be-
cause of the intoxication but because
of the fact that he has wilfully graf
lAed his appetites to the extent that
is made criminal by the laws of the
state. To whom may We look for eX.
amples in the observance of our laws
If not to the judiciary"
Bangs then took up the various in.
stances upon which it is claimed that
Cowan had been intoxicated.
Under the first specification it is
claimed that Cowan was drunk in
court at Rugby, June 1S, 1909, that
he delayed the work and went to
sleep on the bench. Scott Rex of
Grand Forks and Holbrook of Rugby
are witnesses that will be called to
to testify to this occurrence. The
second specification sets forth drunk
eness upon the part of the judge the
previous night to that referred to in
the first specification, it being claimed
that he was in the Cramond hotel at
Rugby. The third specification is
drunkenness in the Grace hotel at La
kota with Rex and a travelling man
named Landbloom as the witnesses.
The fourth specification is alleged
drunkenness in the court room at Dew
lis Lake with Messrs. Maurer and
Branchflcur as the witnesses. Dug
gan Of Grand Forks and other wit
nesses will be called to testify under
the fifth specification, that of intox-
ication in the court room at Mime
waukan, November 10, 1909.
The sixth specification is that in
which Mrs. Hartley Shaffer of Ben.
son county, will be called as the prin-
cipal witness The action involving
possession of certain horses alleged
in the complaint to have been stolen
by Shaffer on certain date was up,
and when called an amended COM
plant changing the date of the crime
thirty days was filed. She asked for
a continuance, being granted fifteen
minutes to meet the new issue, and 1t
is claimed that she went to the judges
chambers that she found him in an
condition and was there
met with conduct unbecoming any
man toward a woman.
The seventh specification charges
in the Hotel Vanderhoof
at Devils Lake. November /, with
Maurer and others as witnesses. In
the eighth specification drunkenness
in the Vanderhoof is also charged,
this claim being based upon evidence
by Duggan and Flynn. 1T seems that
Mr.. Duggan desired to submit an argu-
ment that evening upon a motion be-
cause the Judge intended to attend the
Minot convention the next day. The
judge opened court in room in the
hotel, but his condition was such"
said Bangs, from the use of liquor,
that it was necessary to postpone the
argument until the next day. Mr..
Flynn, another attorney, witnessed
the incident
Trial of the Mckee VS.. Haley case
August 4. 1908, it is alleged, had to
be suspended because of drunken
ess upon the part of the judge, this
charge being contained in the ninth
specification. On the same day 1t is
claimed that John Michaels was ar.
raigned and that Cowan attempted to
preside, and that again his condition
was observed.
Specifications eleven and twelve re-
late to the June 20 an October 10
incidents referred to under the first
charge. The thirteenth specification
relates to the time of the drug permit
cases when ladies were in the court
room, while the fourteenth specifica-
ton covers the alleged intoxication on
election day, November 8, 1910.
"He Judge Cowan) had spent the
night before in the Gordon livery
barn." said Bangs. ION the morning
@. November he was first observed
in the stable by farmer who drove
in to put up his team. About 3
O'Clock one of the aldermen saw him.
about noon he was in drug store bet
ting on the result of the election;
later in the afternoon he was seen
staggering about the streets and about
5 O'Clock was observed with a COM
panicn in the hall of one of the bust
ness blocks such condition that 1t
was necessary to assist or drag him
along"
Specification sixteen claims drunk
eness the night of November Z, being
the Gordon livery stable incident.
The fifteenth specification charges in
toxication in the Office of the clerk
Of court at Rugby and at that time,
June Is, 1909, it is claimed that ne
assaulted Nellie Schultz.
The eighteenth specification charg:
es that he was found in an intoxicated
condition on the public streets OF
Hansboro. H. c. Blakerby. bank
er, as we'll as a number of other prom
inent men of the village, will testify
that Judge Cowan made one of the
party carried by two automobiles,
which came down upon the village
one afternoon" said Bangs. "The
party had been drinking and in some
,cuffle the judges shirt had been torn
rom him. A new shirt was bought
and, standing in the automobile in
he streets of the village, he complet-
I'd his toilet. The party then drove
,ut of town short distance where
hey disembarked by the roadside and
completed the drinking bout. Mr..
h