The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-06

you intended to so before the commit.
zee and testify that you never sold
Judge Cowan any liquor?" persisted
the, counsel for the defense.
never said any such thing" re-
sponded Mr.. Crowley and when asked
added that he would be willing to
swear to that statement.
he was then asked If he didn't make
mat same remark TO the accused in the
presence Of John Mclean, to which the
same answer was made. Further than
that he testified that he was willing
70 swear he had never said anything
TO convey that impression. He was
also asked II he were at present ON
friendly terms with Mr.. Ness his
FORMER employer. and he stated that Sc
far as he was personally concerned
he was. and denied that he had threat
ened TO bring suit against Ness for
libel.
When asked il he had talked with
the attorney general. Fred Mann, Joe
Kelly or A, r. Kerlin in respect to
these Impeachment proceedings and
what he intended to testify, he said
he had not.
Not Promised Immunity.
Counsel for the defense questioned
him further about parties urging the
prosecution of Judge Cowan and asked
II Mr.. Crowley had not been promised
Immunity by the prosecution il he
promised to testify to certain particu-
I iars in regard to the violation of the
liquor law. or If he had at any time
promised to be taken care of, all OF
which he denied.
Further queries were put to him In
regard to his knowledge Of whether
Mr.. Ness handled seeds and If he die
not know the extent of Judge Cowan's
farming activities. He stated that he
did not think Ness handled seeds at
any time since he had been in his
employ during the last two years.
On redirect examination by Mr.
| Sinkler, the question was put to him
If Judge Cowan had sought him out
since he had been in Bismarck to testi-
fy this time. His reply was in the
negative and stated that on the first
night he had seen the accused in the
lobby of the hotel. and had been I'D
to his room but that there had been
no conversation about what he would
testify 10.
kinbo Again On Stand.
Immediately after the executive ses-
sion was over yesterday afternoon, Pa
trolman Kimbo Of the Devils Lake
police force. was recalled to the stand
for his cross examination, which was
conducted by Tracy Bangs. 1t was
brought out that he had been request
ed to watch Judge Cowan by Mrs. f.
II. Prosser, but not by A. r. Kerlin.
This was vigorously opposed by
Counselor Sinkler as improper cross
examination. The objection was sus-
tanned, and Mr.. Bangs, after a brief
consultation with the members OF the
consultation, which was conducted by
counsel for defense, stated to the court
that in order to allow the patrolman
to go home. they would at that time
offer the testimony they were about
to take as their own.
President Burdick stated that in or
der to maintain the connecting link. the
cross examination might proceed. The
witness was permitted to answer and
replied as stated above, giving Mrs.
Prosser's name. Mr.. Sinkler asked the
witness If a member of the police force
and in the employ of p. j. McClory, the
mayor, he was obeying his instruction.
The defense asked Mr.. Kimbo if
Mayor McClory had ever given him
any instructions in connection with
Judge Cowan, to which he replied he
had not. ~. au
No More Executive Sessions.
Only the three witnesses were nut
on the stand during the afternoon, on
account Of the length OF the executive
session held Immediately after the
noon recess. When the impeachment
court reconvened and sat again, Sen
ator Bessessen stated that he did not
intend to vote for any more executive
sessions as they were unnecessary
when a full record of all the proceed
ings at such times were made a part
of the record.
A rising vote was taken on whether
or not the record of the executive ses-
sion should be expunged from the i'm
parchment record. BY a majority of
one, it was decided that it should re-
main, the vote being 23 to %. Sena-
tor Martin proposed a roll call, but
that was concluded unnecessary.
Before the senate went into execu-
tive session, President Burdick an
nounced that the precedent had been
established for the records of the same
to be spread upon the pages of the
regular journal in the Cox impeach-
ment trial in the Minnesota state
senate in 1881.
The purpose of the session was to
determine whether the objections of
the respondent to charge on the
grounds of the specifications being I'M
Improbable by statute. 1t was con-
cluded that counsel for the defense
raising the objections, should prepare
a written statement embodying their
reasons for taking such grounds, and
present them to opposing counsel dur
ing the evenings recess. and be acted
on tomorrow
Second Executive Session.
AT the conclusion of the testimony
Of Witness Crowley. the senate went
into executive session a second time
for the purpose of hearing the reports
on expenses and fees for counsel for
prosecution
CUTLERY