The Devils Lake world. (Devils Lake, N.D.) 1911-1911, 1911-04-07
Special to The World:

30Q0C4d1 W A0 1WOl4u.
Bismarck, N. d., April 6.-Testi-
mony In the Cowan case was delayed
today somewhat owing to the legal
controversy brought about by the in
production Of testimony relating to
charges six and seven, to which Tracy
Bangs for the defense strenuously OBJ
jected to on the grounds of being un-
impeachable evidence.
The first witness called today was
w. G.. Samuels of Devils Lake who
was called for the corroboration Of the
testimony of Maurer as to the incident
which occurred at the Vanderhoof
hotel, when Cowan was accused of
being in an intoxicated condition and
sang Scotch song. Witness stated
that he had known the accused for
thirty years, and remembered the in
cident we'll when Judge Cowan was
singing about midnight in all alcove off
of the dining room Of the hotel men
toned. Samuels however stated that
he could not tell as to whether Cowan
was intoxicated by what he. saw Of
the concert, but judged by what he
heard. Counsel McClory conducted the
cross examination of the witness who.
was first asked whether he knew or
not that the occasion to which he had
testified was not Bobbie Burns
birthday, Jan. 25th. The witness ans
wered that it was about that time Of
the year but he didn t remember the
..date. Samuels admitted that he knew
Joe Kelly, who has been so prominent
ly mentioned throughout the trial and
also that he was director in Kelly's
railroad
The next witness called was Monroe
Branchflower, boolSkeeper at Bond IS
drug store. He stated that Cowan
frequented the store mentioned aud
helped himself on an average of three
times weekly to whiskey which was
kept in a small cupboard. Also that
he was in court at one time for some
thirty minutes and saw Cowan as he
bench and adjourn court without ta
ing his seat. Asked to describe as to
Cowan's condition he said that he
thought he was intoxicated from the
flushed condition OF his face and neck.
On cross examination the witness adj
mitted that he was engaged with Wehe
studying law, Wche being one Of the
.signers of the impeachment proceed
ings. When asked as to any specified
date the witness could not remember,
and as to the court room incident he
could not say what attorneys were
present or other features. Most of the
afternoon was taken up with argu-
ments of counsel regarding the testi-
nony Of unspecitied eases. During the
arguments submitted by counsel several
of the senators showed their interest
keenly by. submitting questions to the
Bangs brothers. On vote Of 81 to
( 16 all of the evidence produced in
charge number seven should be confin-
ed to the evidence produced in charge
number six Avery johnson was called
to the. stand, the last witness of the
day. He testified that he was once a
clerk at the Ness drug store and had
drank with Judge Cowan on the night
of election. He had heard that Silver
Serumgard was interested in the Ness
store but. had no positive knowledge.
He admitted that he had drank with
Cowan's friends since election but not
with the Judge. The witness at the
close of the days examination made
some retort as to going home, but was
not excused and will probably be call
ed later. The state has issued about
2l5 subpoenas. The defense is now
busy calling witnesses, some IS being
called up to today. Keen interest is
being taken in the case.
Bismarck, N. D., April 3. - Cowan
trial re-opened this morning with Geo.
Dingman of Penn first witness. Ac-
quainted with Cowan since 1892. Ex-
animation for prosecution conducted by
Attorney Sinkler, evidence given in
connection with an unspecifed act in
order to establish chareg Of habitual
drunkenness. Dingman stated that in
company with one John Shultz he had
visited at the Vanderhoof hotel in Dew
lis Lake in January, 1909, while he was
attending the Shaffer trial in district
court. Said that Cowan was in a room
at the hotel in company with three 9th
er men whom he did not know. Talked
with Cowan, his voice was thick, face
flushed and Cowan's general condition
was not the same as he had seen it ON
former occasions. Said that Cowan
talked on matters Of general converse,
tion, asked him how he was and shook
hands with him and thought that the
Judge was under the influence of liquor.
On cross examination by Counsellor
Cuthbert, Dingman stated that the pur.