Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-01

only connection he could ind Tor such a
charge was that once, while he was
attorney general, that he had been
called to Darlington to prosecute a
blind pig case. 1t was admitted that
during the day previous to the trial of
the case that there had been general
good time, but that the next day, on
intimation of attorney for defendant
that the prisoner might plead guilty,
the continuance of one day had been
granted. The day following another
continuance was asked but Cowan
says he refused to grant such con.
tinuance, at which point sheriff came
into court room and stated that the
evidence had been drunk and that they
were waiting for the next 500 train to
come in that some more evidence
might be secured.
Mr.. Mann's concluding statement to
the committee had been: I stand for
decency; Judge Cowan the opposition.
l would not have any Of my cases
tried before him."
Frank Frye, as witness before COM
mittee, would not state under oath
that he had seen Cowan under the in.
fluence of liquor on the bench, but
that he had seen him aslep on the
bench. Frye also made reference to
the intoxication upon the part Of
Judge Cowan on election day last
November.
John Van Blue, another witness,
had testified at length upon Cowan's
frequenting Of certain drug stores in
Devils Lake. Thegeneral reputation
of several drug stores in the city, Van
Blue, declared, was that liquor could
be bought.
On the question of drug stores, the
committeen had been careful to make
thorough inquiry as to the general
conditions. 1t was the contention Of
many that going into one of certain
number of drugstores, six all told,
was that that person was going into a
disreputable place. Testimony as to
the drug stores before the committee
was conflicting, though.
There had been three occasions on
which the committee had received con-
siderable evidence as to intoxication
upon the part of Judge Cowan, these
being on three election days, the pri-
mary, city and general election last
year. For that reason the committee
made it point to question all wit
nesses as to their knowledge of Cow
ans condition upon those days.
Attorney Wehe's testimony as to
intoxication upon the part of jurist;
Scott Rex upon delay of cases and in
| toxication at convention three years
ago; with Godward's testimony as to
intoxication of Cowan on streets Of
DEVILS Lake, were next taken up.
At that point Prices motion for in
stitution of impeachment proceedings
was made, he declaring that repetition
of testimony was growing tiresome.
He said that enough had been heard
with reference to charges. Ployhar Of
Barnes seconded the motion, believing
that the committee had given the
wrong impression.
| Streeter wanted to hear all the EVIL
dence and Stern declared that as yet
that noe of the defense had been
shown. Solrie wanted to hear Cow
ans side of the case.
At this point Streeter moved that
the committee arise, while Frame OBJ.
jected and asked thirty-minute re-
cess. Streeter then withdrew his
motion and the committee arose to
meet again at 12:45.
Then the house was again called to
order Jordal continued reading Of the
prosecutions evidence, Prices motion
not being put.
With the prosecutions witnesses
completed, JOrdal made reference to
several affidavits. One was by Mrs.
Theodore Schafer Of Benson county to
the effect that Judge Cowan had been
drunk on the bench, but when she was
brought before the committee Mrs.
Schafer admitted that she had not
seen Cowan, but that her attorney
had told her so.
One of the startling incidents con-
nected with the recital of incidents
behind the doors Of the investigating
committee was the deposition of Miss
Nellie shulze of Rugby. This depo.
sition, as originally introduced, was
to the effect that Cowan had been
in Rugby during January, 1909, and
that he had insulted Miss Shulze
upon that occasion. In one instance
the word January had been stricken
out and the word "June" inserted.
On this deposition Jordal stated
that he had received a request from
a gentleman in Bismarck that the de-
position be not submitted as evidence,
and that he also received telegram
from Miss Shulze asking that it be
withheld. Such action was not con.
sented to, however.
The day following the same man
who had asked to have the deposition
withdrawn said there was very good
reason for such action, as there had
been mistake in the date, and that
Cowan was not in Rugby in January
but had been there in June
Also. on the day following Jordal
received a letter from Miss Shulze