Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-05
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July II, 1910, both in the hotel and
on the street, and that the jurist was
"silly drunk as the witness termed
it. At the table in the dinging room
| Rex said that the judge had talked in
a foolish manner and after dinner
came around the table and put his arm
around his (Rex's) neck and continued
talking in the same manner. He said
there was no i'll feeling on his part
toard Cowan. A tense situation arose
! when accused jurist directed question
at the witness asking him if the per-
sonal feeling in the last few years has
in fact been entirely friendly, Rex re-
fusing to answer without permission to
explain. On redirect examination
nothing else was brought out
JOHN VAN LIEU.
John Van Lieu said that he saw
Cowan partially intoxicated in the
county auditors office the night of No.
vernber 8, 1910. On cross examina-
ton Van Lieu said, Cowan's condition
was not so bad but what he could
transact business.
THOMAS GAGEN.
Thomas Gagen said that he had seen
Cowan back of the prescription case
i'll the Green drug store last October
and that he thought the Judge was in
toxcated. A question as to whether
or not the witness had drunk liquor in
that store caused spar between the
Bangs brothers, but witness was fin
ally allowed to answer in the affirm
alive. He also said he had seen Cow
an intoxicated on city election day.
JOHN KELLY.
When John Kelly of Bisbee was
called by the prosecution objection was
made to any evidence OH the question
Of freqnenting drug stores, but Presi-
dent Burdick overruled the objected.
Kelly declared that he had been in the
Green store and that they drank whis-
key and that witness paid for his own
liquor in the presence of the accused.
They remained there about four hours.
When prosecuting counsel asked as
to the number of rounds of drink,
Senator Stevens wanted to know what
a "round' was. Kelly also said he had |
been i'll the place on other occasions
with Cowan. Liquor was sold at a |
soda fountain, Kelly said. On the
first occasion Kelly said there was no |
clerk behind the prescription case with |
them.
NJ. A. DOHNEY.
NJ. A. Delaney said that he had seen
Cowan drink in Bonds store last fall
and, lie also told of the Gordon barn
incident. He was not cross examined.
JAMES LIMBO.
James Limbo, a member of the Dev-
Is Lake police force, said that he en-
erred the Ness drug store through a
ear door one day last August and
here found Cowan with another man.
The officer said he was introduced
~ Cowan to the other man and that
lie was rendered a bottle of whiskey,
tut he could not remember which one
II them had done 50.
Afternoon Session.
Unexpected action was taken i'm.
the afternoon session was
and Scott Rex of Grand
forks was recalled for the purpose
4 testifying on delayed case specifi-
alton. This action by the ,prosecu.
ion met with objection at the hands
# the defense on the ground that the
violence on that subject should not
" taken for the reason that it does
lot charge an Improbable offense.
Executive Session.
When objection had been raised
senator Simpson moved that the court
% into executive session but refused
o state the purpose of such executive
Meeting, stating that he could hardly
10 so under the circumstances. SEN
tor essesen was disposed to question
he propriety of such proceeding by
skiing whether or not the court could
o into executive session, and after
brief parley Simpsons motion car.
led.
Delayed Cases.
In the executive session the matter
s to whether or not the charges of
elaying cases should be admitted was II
hreshed out. There was a warm de-
ate, many contending that the delay
ng Of cases in court did not consist
( an Improbable offense. The mat.
er was finally decided that the charg-
s should not be heard until the senate
ad secured the opinion of the su-
rene court on the matter or until
hey had heard arguments by oppos-
1g counsel and vote of the senate
ad been taken on the question. u