The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-08
THE WITNESSES
NOT TAMPEREO
WITH IN COURT
First Formal Charge Proved
to Be Groundless When
N
Investigated !:
PROSECUTION ABANDONs ONE
DELAYED CASE SPECIFICATION

UcLhItU GA1t 0rtGItlChIlUn
Question Of When q Case Is Finally
Submitted to the Court a Matter Of
individual Opinion, Declares Presi.
dent Burdick Of the Senate.
I'll D. Paulson.)
Bismarck, N. D., April 8.-The first
complaint filed with President Bur-
dick Of the senate charging witness
tampering submitted by him to COM
mittee yesterday will not result in
any actdon. this committee holding a
meeting last night at which time the
svidepce was taken. No report from
tho committee had been made but the
report when made will be to the effect
that there are no grounds to the ac-
uon, Both the witnesses who made
complaint and the party against whom
tae complaint was lodged appeared
!pet0re the committee to give their
views Of the matter. Upon hearing the
stories the committee decided no cause
extsted. The report will be forthcom-
lnI today. Further charges, it is
claimed, will be laid before the senate
BY the board of managers, while the
respondent also has come complaints,
but according to the announcement
made this morning, will handle such
complaint when the witnesses reach
the stand before the Impeachment
court.
This morning at the opening of the
session Tracy Bangs announced that
Judge Cowan had found among his
papers the missing leaf from the hotel
register at Rugby over which there
was some discussion yesterday and
which had been sent to Cowan by
Proprietor Jones Of the Cramond. Yes
terday the prosecution insisted upon
having the missing sheet and in giving
this sheet over to the prosecution.
Tracy Rangs also stated the register
from the shotel that had been given
Cowan would he secured inmed ediatelY
from Devils FAKE where It now is.
One specification in which the de-
lay Of q decision by Cowan was
charged was dismissed on motion Of
the prosecution today. This is the
case of F. H. Stoltze vs.. Edmore
school district. The prosecution stat
cd that the investigation revealed the
fact that no blame attached to Cowan
for the delayed decision in this mat
ter. The question of when case is
finally submitted to Judge was taken
up today by President Burdick who
satd that there was no we'll deefnded
Law with relation thereto and he said
that It was for each member Of the
court to determine for himself when
q cause Is actually submitted. This
point arose yesterday afternoon when
tho prosecution contended that q
hearing on the facts completed the
submitting Of the case, while the de-
&snse contending that the cause is not
actually submitted till the briefs that
may be ordered have been filed.
When the noon recess was taken
today, the court adjourned till Monday
morning at 8 o'clock. Prosecuting
Counsel Geo. Bangs stated to the court
that an adjournment at this time was
greatly to be desired, and he felt that
IN adjournment Of week would be
of inesttmable value to the board Of
managers. Tracy Bangs for the re-
1pondent suggested that such an ad-
5ournment would work great hard
ship on the accused, but he was fav-
orable to an adjournment till Monday.
Geo. Bangs also felt that short ad-
1ournment would be Of much benefit.
Several members Of the senate par
ticipated In the discussion and the
adjournment was finally agreed to till
Monday, 1t being considered unwise
to take lengthy adjournment be-
cause Of the great expense to all con-
cerned. Witnesses for. the defense
have been eubpoenaed to reach Bis
marck the early part Of next week.
Practically the entire forenoon was
given over to consideration of the de-
layed cases with Attorney Henry G..
Middaugh of Devils Lake on the stand.
Erred Traynor and b. T. Cuthbert, the
latter counsel for defense, being call
ed to the stand for q few minutes
each.
In addition to the case dismissed
at the instance Of the prosecution
when the days work opened, one was
also dismissed as the taking of evi-
dence advanced, being that Of Burke
vs.. scharf. which Middaugh testified
had been held up but through no fault
of Cowan's. Attorney Cuthbert was
called to the stand on the Hansboro
State bank vs. Oberg case in which
there was motion to set aside false
judgment. Cuthbert stated that when
arguments on the motion had been
made. he representing the moving
party, objection was made on the
ground that the papers were defec-
tive. and Judge Cowan announced a
decision at that time to that effect
Cuthbert said that he asked for
stay. and Cowan held up the case, the
purpose being to- look into the law
~s1 q