The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-31
EIGHTH CHARGE IN :CQ|NAN IMPEACHMENT
WAS THROWN OUT By IMPEACHMENT COURT

and tntently Interested In what IL pro-
crossing. At timos ia assists his cwn
counsel In finding certain sections Of
law that may be desired, while at
other times 40 wsss the case yester-
day afternoon whom the argument for
and against the rejection or the sus-
tanning Of demurrers that had been
1nterposed grew heeted, he takes q
hand In tho proceedings to such an
extent as to ask the prosecuting
counsel questions relating to this or
that feature.
Once yesterday, afternoon Judge
Cowan. when George Bangs had re-
ferred to q certain charge contained
IN the articles Of impeachment as be-
Ing "habitiously and continuously"
delaying the decision of cases re-
spectfully called the attention of the
board Of managers counsel that the
word "habfttoualy" was not contain
ed In the specification, under fire at
that time.
At other times, too. Judge Cowan
found occasion to iaterpose remarks
or ask questions Of the prosecuting
attorney. He follows every step in
the proceedings closely.
No Reconsideration.
An effort to secure a reconsidera-
tion Of the vote when the eighth
charge Of articles OF impeachment
had been eliminated was made at the
opening Of this afternoons session
when Senator Davis Of Sheridan
county made .brlet address on the
subject. In his address he stated that
he believed it was not for the court
to bind itself by technicalities but
that 1t was the duty Of the body to
gain as much Information as possi-
BILE on all points connected with the
case. While he voted in favor Of sus-
tanning a demurrer. that had been
made yesterday. He, looked upon this
as somewhat different and in sustain
ing the objection he understood that
the court would be unable to secure
evidence along the line of conduct of
the court towards j, witnesses, liti-
gants. counsel and juries. The spirit
Of law. he coptended, contemplates
that procedure shall. be allowed wide
latitude and that the senate had full
power as to procedure. He felt that
rights Of the defendant would not be
tread upon IL the prosecution was al
lowed to file bill Of particulars as
had been suggested. I'VE are here to
judge between right and wrong" he
said. Malfeasance and unfeasance in
Office was one of the charges against
Cowan, Senator Davis declared and
In his opinion ths ARTICLES :, were
eR&ctfic enough on tat point. He
| n "a "a. Hssk 4
nature being introduced. =
To bring the. matter before the
court again. he,urged that some men,
Der Of majority voting to sustain the
demurrer make a. motion to recon-
slider but such motion was not made,
Steele Of Renville moved that the
rules be suspended and that Davis
be allowed to make the motion, but
this motion he very quickly with
drew.
When this question had been drop
ped Attorney Geo. A. Bangs, counsel
for the board of managers, opened the
case for the prosecution by making
the opening statement. The trial of
Judge Cowan may now be said to be
under way. The opening statement
was commenced at few minutes aft
er 2 o'clock and required from two
to three hours. Should any witness
es be called today, j. HI. Fulkerson Of
Crary will be the first man called
and he will be followed by T. G.
Stanserry.
Discussion of Court Rules
Since the adoption of the rules by
the senate for the trial court of i'm.
peachment Wednesday, occasion hat
been given on some hand to make
criticism. The rule that relates tt
the number of witnesses that may bt
introduced to prove or disprove an,
fact that may be charged. is one tina,
has been brought out as being unfair
This rule, however, Is one that {
study of procedure in other impeach
ment cases will sustain, being in &C
cord with the rules of practice in tha
manner laid down.
The rule that relates 10 the intro
duction of evidence bearing upon thu
question of habitual drunkenness pre-
vious to the present term of Office l.
another that has been discussed. i
was reported out by the rules com
mittee over the signature of all mem
bers, seven in number. 1t is true
however, that the rules commttte.
found this "a point on which it tool
some little time to agree. but it wat
finally adopted and reported out.
Ruling on Demurrer Important
The rule that was made yesterday
afternoon by President Burdick OF
the question of the introduction o.
evidence tending to prove continuous
delay in the making Of decisions II
cases, is one of great importance
This charge was contained in speci.
fication one Of the sixth charge. and
was to the effect tina: the defendant
jurist had, from time to time. delayed
decisions in cases. The decision Of
President Burdick was made on the
strength Of the fact that section 9601
Of the revised codes, laying down
the procedure in cases Of impeach.
ment, sets forth the fact that charges
must be contained In the articles Of
impeachment that are so clear and o1
such q nature that the accused may
answer the same. Also on the ground
that there were forty-nine other speci.
fications under the same charge in
which specific cases were set forth.
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