The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-15


the courtesy to proceed to st. Paul
and attend to hts business appoint
ment there. He will be heard on his
return, probably in the regular order
in which the specification about which
to testify viii come.
Got His Dates Mixed.
The first witness on the stand for
the defense in the famous impeach-
ment trisi was John Anderson OF
Churchs. Ferry, proprietor OF hotel
at that place. In his direct testimony,
Mr.. Anderson testified to the incident
on the Great Northern station plat
form, where Judge Cowan was said
to have been helped on the train with
his legs staggering and in a drunken
condition. 1t was stated in the testl-
mony Of Mr.. F'ulkerson that the three
men who had assisted and carried the
accused jurist on that occasion, were
John Anderson, the witness; DR.. Flath
and Charles Taylor, the judges stem
ographer
The witness denied having seen
Judge Cowan on the date mentioned
in the first place, and stated that he
recalled an incident when he had ac-
companied the accused to catch a
train, but that 1t was in 1907. two
Years earlier than had been specified
| in the charge. He denied the charge
that the Sudge was drunk on that oc-
| casion, or that he, with either Mr.
Taylor or DR.. Flath, had helped him
carry htrS or lifted him onto the train.
He said he had known Judge Cowan
for more than twenty years, was his
friend and that in that time he had
never seen him drunk on cross-ex-
aminaETon it was brought out that he
was Somewhat mixed in his dates re-
garding the time when he operated
his hotel in Churchs Ferry, and could
not recalI just whether It was Septens-
Der, December or August that he sold
out and several matters like that with
hich Counselor G. A Bangs for the
prosecution had considerable anuse-
ment, and the senate laughed heartily
when the witness got to the point that
he didn't know just what date any
thing actually happened Mr.. Bangs
finally confused him to such an ex-
tent that 1t proved quite ludicrous to
the spectators.
Mr.. Bangs asked the witness IL, rs
a matter of fact, Mr.. Stenwick was
lot operating his hotel at a certain
time instead of himself, and he replied
that mr.. Stenwick had tried to-"
He dea3ed having talked with Wit
ness Stansberry of the prosecution a
week ago, when Mr. Bangs read him
number Of questions from yellow
piece of paper he held in his hand. He
further stated that he was not particu-
larly interested in the case and denied
having ever seen Judge Cowan intoxi-
Gated in all the twenty years he had
known him.
Said Cowan Prosecuted Him.
Counselor Bangs then sprang a sur
prise, by asking about the time the
witness was sentenced for blindpig.
ging. The witness was not at all
backward about telling about 1t and
confessed the whole thing.
WHO was 1t that prosecuted you
on that charger" asked Tracy Bangs
on redirect examination.
John Cowan," announced the wit
ness emphatically.
while he was attorney general of
North Dakota, wasn't 1t, and he prose-
cuted and convicted you didn't her."
| asked Mr.. Bangs again. The witness
stated 1t was so.
| "And Judge Morgan sentenced you.
1 didn't her," was the last question ask
ed by the defense before Mr.. Ander-
son was excused. The witness ac-
knowledged that it was Judge Nor
gan who sentenced him.
Or. Flath Emphatic.
DR.. Fqath Of Church Ferry was a
Equiet but positive and emphatic wit
ness. He wasted no words with eth
er side. but he testified that he had
never helped Judge Cowan on the train
the day of the Churchs Ferry Incl
dent, and that the incident referred
to, was probably in 1907, when he did
recall having met the accused at the
train and talked with him just a
moment.
! DR.. Plath said he had known Judge
Cowan for eighteen years and saw him
with the frequency of about six times
a year generally, twice in Churchs
Ferry and the other times in Devils
Lake. In regard to the station plat
form incident, he said as Judge Cowa.n
approached him that day, the train
was already on the track, and thew
were in a hurry, and Judge Cowan was
walking on a strip of board on the
~.
He said he noticed this in particular
land thought possibly the judge was a
bit more exhilarated than usual and
had probably had drink of beer but
that he showed no signs of drunken
ness, and was not in such condition
but that he would not have been will
ing to have entrusted his personal
business affairs with him.
Il had never seen him when / thought
he had taken any liquor, nor did ever
assist him on the train nor see anyone
assist him." was what DIR. F1ath swore
to on the stand.
On cross examination conducted by
George A. Bangs, he said that Judge
Cowan never had come to see him in
4 his Office, and when he was asked about
the specific date Of the occurrence of
this incident, he stated as before that
| It was in 1907, and that in 1909 he was
on the Pacific coast, so that he knew
it was impossible to have been at that
time.
He denied ever Having gotten Judge
Cowan whisky, for him or issuing him
a prescription, but said he had given
/ Charles Taylor an order, for some, but
only once and he could not recall the
exact date.
Snow Says He Was Sober.
r. o. Snow, custodian OF the Devils
Lake federal building, was the next
witness and testified to the incident in
the Devils Lake postofflce brought out
by the prosecution through Witness
Burr, the Salvation army officer and
Presbyterian minister who thought