The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-03

ly intoxicated.
On cros-eDamination Flynn said he
was local attorney at Devils Lake for
the Great Northern railroad and for
the Farmers railroad and that he
was j.. N. Kelly's personal attorney.
FlyT~ also said he was the owner of
the SSdtng in which the Vanderhoof
hotefe lated. Asked as to his. at
titude to> u, Cowan in the election
two years ~ 4&se said he had been
election but hadSe opposed him in
any manner politica>& 1ereafter.
Godward on Sand
w. A. Godward, superintendent of
schools in Devils Lake, was next.
called to the stand. Godward, who
was one of the signers of the i'm
peachment petition, has been a resi-
dent Of Devils Lake four and a half
years and has known Cowan seven
years. His Testimony related to the
hearing on an application for the is
suing Of drug permits and that his
wife and Mrs. A. l.. Hopkins, Rev. A.
L. Bailey and B. A. Haig were pres
ent. He was there to protest against
the issuing Of the permits. Mrs.
Maher aud Mrs. Brennan were also
In the room. Cowan appeared in the
room about $3.50 o'clock. Previous
to coming into the room Godward
says he entered the chambers and
talked briefly with Cowan, returning
to the court room and taking a seat
a short distance from the judges
stand with the impression that the
permit case was coming up imme-
dtately. A prisoner was brought in
named Jack Knight. He pleaded gull
ty to blindpigging and was sentenced.
There were a few words between
Cowan and the prisoner and that DR..
Cuthbert was called to the stand
and was examined as to the foul d.
sease suffered by the prisoner, going
into the details of the disease and
the same examination was repeated
with reference to another man sup
posedly suffering with the disease.
No action was taken with reference to
the drug permits. The women, he
said, were present. Cowan at that
time was intoxicated, Godward said.
On cIoss-exania aation he said that
he had noticed the odor Of liquor in
the room and declared that the ap-
pearance of, Eowan indicated intoxl-
cation and that he supposed the drug
cases would come up that day. He
was questioned as to whether or not
the states attorney had notified him
or the ladies that there would be
no action in the drug permits on that
particular day and replied mo"
On cross-examination by Counsel
Cuthbert, Maurer testified that he
was director in the Farmers Grain
Railroad company and in the elevator
company connected with that line,
in both of which J. NJ. Kelly is iden-
titled. A very thorough cross-exam-
ination was made on the singing in
cident in the Vanderhoef hotel. Maui
rer stating that he could not see
Cowan except that he heard him sing
ing and that. he stood on the sair long
enough to hear those in the booth
sing "Auld Lang Syne." The witness
said he knew of no other business in
the hotel at that time nor did he know
whether the booth was public or pri-
vate. The witness said that the sing
ing appeared to be pretty good
Lengthy consideration was given the
court incident also. Maurer said that
he could not remember Of any one
else being in the court room outside
of himself and Judge Cowan. That
he was sitting about forty feet from
him and that Cowan appeared to nod
or sleep. This, together with what
he termed "his general appearance"
had led him to believe the Judge was
drunk at the. time. He did not know
what case was in progress and ad-
mitted that he did not know of the
jurist falling to make rulings on mo-
tions or objections made by the at
torneys in the case and that the ac-
tion in progress passed very quietly
with the jury in the box. The wit
ness said that he could not swear
that there was anything about his
appearance when he met him OH the
way to the court house to indicate
intoxication. On the question OF In
toxication upon the streets of Devils
Lake and the ChautauQua grounds, he
said that he had seen him at the Chau-
tauqua three or four years ago but
was unable to specify. He did spe-
city with reference to one incident
that he said occurred in the city of
Devils Lake, having seen Cowan with |
several others on the street about |
9 or 10 o'clock one night in the win
ter time where he appeared to be |
staggering. and with the members Of
the party talking loud, and that he
noticed Cowan in particular He ad-
mitted that he noticed or saw the
party for only few seconds while |
passing by and could not remember |
any one else being in the party.
Maurer was asked by the prosecution !
OIL redirect examination If he had
ever seen Cowan come out Of the
basement of the Vanderhoef hotel and
responded that he had. On cross-ex-
animation he admitted that the wash
room or lavatory was in the basement
of the hotel.
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