The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-26
SCOTT REX GETS
DATE CHANGED
TO ANOTHER DAY
Fixes Incident on Eleventh
Instead of Twelfth AS He
Formerly Testified
attempt BEING MACE TO
IMPEACH M|nkLER'S STORY
Hotel Crammond Records As Well ~
the Telephone Records Offered to
DISPUTE the Statements of the De.
fense's Witness About Being Sick.

Dispute the Statements of the De.
fense's Witness About Being Sick.
H. d. Paulson.)
Bismarck, N. d.. April 26.-For a
few moments this morning the court
Of impeachment session more nearly
resembled an ordinary session of the
senate during the legislative assem-
bly, instead of a trial court, the body
becoming involved in difficulties when
objection was made by the defense
to the Introduction of evidence upon
the part of the prosecution endeavor-
ing to establish new facts in connec-
ton with reference to alleged drunk
enness upon the part of Judge Cow
an. Ill.,.
Sharp remarks came from the
floor Of the senate at different points
Of the procedure, with Senator Simp-
son Of Stark stating that should the
main case be reopened, as he char
acterized the situation. there would
be at least one vacant chair in the
chamber, while Senator Hookway of
McHenry gave expression to an opin-
ion that there should be little more
evidence and less argument.
1t was when Andrew Tuft of Rug
by was called to the stand to testi-
~ that the objection came, he hav-
ing been asked by Attorney Sinkler
for the prosecution with relation to
having seen Judge Cowan on the
streets Of Rugby during the progress
Of the Slavens case in January, 1910.
An argument followed revealing the
Fact that the prosecution intended
showing by this witness that Cowan
staggered on the streets of Rugby,
while defense declared that such evil
dence was not proper. In rebuttal. in
that It did not rebut any evidence Of
fered by the defense and was OPEN
ing new Incident that should have
been made part OF the opening
case.
President Burdick took the posi-
ton that such evidence was admiss-
able under the rule that witnesses
had been placed on the stand by the
defense declaring that they had not
seen Cowan under the influence of
liquor in the last two years, while
later Sinkler declared that the evil
dence of this nature could also be in
troduced in view Of the statement
made by Judge Cowan himself that
he had not staggered on the streets
any where from drunkenness.
After brief recess had been de-
clared. just prior to which the court
had departed somewhat from the
rule Of silence during the progress
OF the case, Sinkler started to OK.
plain the position Of the prosecution
when he was interrupted by Tracy
Bangs with the announcement that
the objection would be Withdrawn.
The witnesses are being rushed
through and there is possibility
that the prosecution will have COM
pleted it's rebuttal by tonight.
Rex Recalled.
Attorney Scott Rex was called on
the witness stand this morning. being
the first witness Of the day. In bis
rebuttal evidence he definitely fixed
the date upon which he saw Judge
Cowan In LAkota az July II, 1910. in
stead Of July IL. The evidence upon
the part Of tho defense fixes the date
Of Judge CoWanis visit in Rugby as
July IL. This 10 the occasion when
D. eA asoaas S1aH .a Cowaa was intoxicated.
~ ~ Is. aaeO ,an oSunoa WIN reference to
tLe. uuH,,lM c~n1 aac.oent ~ rugby aenying
a.. ss 70 E .SN ~ p1esent ON tne nrst
h.. h.Srsh+ - thS Hs,.an .ls1 1s ~ sevelal cases
1o1eus S.ea... Selo1e Suose Co"an' or tnat
a.. suSSon aan,s ..~ ol iaw =. 1919. aroSe demanding
dnitely fixed the time Of his dinner
wifh Pnu1 Hann1Hn1I s1n,,nA -hsoS, 81, =
fxinr Of tine oF seversi ,4h"- s..s.o ss'