The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-04

political fights ana attacks made on
one certain set Of men in the whole
state, and one in which religion has
played some part.
With Dan ". Brennan again on the
stand much was brought out by the
defense that tended to throw light on
the Devils Lake political situation and
the events leading up to the impeach-
ment charges preferred aginst the ac-
cused jurist.
Bennan said law and order in Devils
Lake had gotten to such point, dur
ing the latter part of the summer of
1910, that he felt it was imperative
that all public-sp spirited citizens who
wish law preserved should take some
action.
The counsel for the defense objected
to this as a concluding statement and
was sustained by the chair.
The witness then testified that until
last summer neither he nor his father
had taken any active part against
Judge Cowan, that they admitted de-
feat at his hands in 1908 and were
willing to abide by that.
He said that last summer thirty
places were open selling beer people
were insulted on the streets, and the
little daughter OF Mr.. Maher was in
suited, and that certain people like
Fred Mann, Silver Serumgaard, Fred
Traynor and others, including himself,
felt something must be done or turn
the town over to the lawbreakers who
comprised, according to his testimony,
Judge Cowan, Mayor McClory and City
Attorney Cuthbert.
He agreed to bring a detective there
and contributed toward the expense.
The witness stated that Cowan was
watched by detective within two
weeks after his work started.
Brennan made the positive state
ment that Cuthbert was the attorney
for the blind piggers and that the
people were forced to go to Stark
weather to get warrants sworn out
against the piggers.
Brennan again gave considerable
latitude for a full play of Tracy Bangs
wit, who asked him IL he belonged to
the "Physic" league in Devils Lake,
organized for the purpose of driving
MeClory, Cowan and Cuthbert out OF
public life, which he admitted.
Tracy Bangs then referred to them
as ''iittle band Of good Samaritans,"
TO which counsel for the prosecution
objected. and Mr. Bangs said he would
withdraw the statement, that he knew
ne was mistaken in so designating
them.
There was considerable bantering be-
tween Bangs and Brennan with Presi-
dent Burdick finally interposing an
objection stating the same had gone
FAR enough.
The witness stated he did not con-
tribute money toward bringing the
impeachment charges further than his
own hotel bill while in Bismarck
He stated that he was instrumental
In distributing certain religious circu-
lars against Judge Cowan in the 1908 !
primary campaign containing an edi-
torial published in The Rock Lake
Ripples. whose editor, he said, had
been up a number of times in Cowan's
court on criminal charges and was
completely under Cowans thumb.
The witness admitted that the article
was not signed by Cowan, but that it
was bitter in its comment OF a religi-
Gus nature and in direct opposition to
his father
Fred Mann Testified.
After Brennan was excused the next |
important witness called was Fred l
Mann, once acting mayor OF Devils /
Lake and one of the signers of the
impeachment articles filed with the /
house of representatives at the recent I
legislative session.
Mann stated he was an active worker |
In the civic league, was candidate /
for mayor in 1910. withdrawing during
the campaign and running for alder
man at the same election.
He stated he was defeated for the /
latter office by Avery Johnson running i
on stickers, who was brought out to
defeat him the night before election.
The witness admitted that while a
member of the Devils Lake city coun-
ell the saloons of the satanic city had
run wide open and paid $50 fine per
month. for which the council received
severe reprimand from Judge Cowan
on the district bench.
When asked il he knew this was not Ii
In direct opposition to the state CON
stitution, he said he thought the city
ordinances covered the constitutional
right in permitting open saloons; at
least he had been so advised by the
city attorney at that time.
He could not swear which city at
torney rendered such an opinion,
whether M. H. Brennan, Silver Serum
gard or p. J. McClory.
The witness said all those places
were closed since Judge Cowan was
on the bench and that the accused /,
Jurist publicly roasted the city coun-
ell, and imposed sentences on all the
piggers except one who took change
OF venue. hat all were convicted In his
court.
Mann stated the conditions were now
bad in Devils Lake. that beer and
liquor had been sold over soda foun-
tains, but coundnt swear positively to
q single place where liquor was being
sold.
The counsel asked him directly IL he
had ever sold liquor on the Chautau-
qua grounds or had purchased soda
fountain from Richard Bennett or
handled beer by bottle or caslz, all or
which he denied
Mann agreed that when alderman
there was tacit understanding be-
tween the saloons and the city coun-
Gil that places would be allowed to run
and when crested the proporietors
were CHARGED with keeping disorderly
houses
He admitted that while acting as
mayor the drugstores were operating
as now and he said he never filed
complaints against them. that he had
not been particularly interested In
reform o. prohibition or civil league
until after the 1910 spring election.