The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-17

2ng acquaintance" but the witness
said that Cowan was not drunk cleo
ton day? He also declared he had
never been in any place to purchase
liquor with Cowan, but that they had
drunk together in Col. Creel's once.
Ryan stated that in the years that he
had known Cowan he had never seen
him drunk 7 - that he had called at
Cowan's homep .,ly for long period,
being as the opsfa 8 IT q dairy; sa g:n,., s..
longing to "cowah POLITICAL ma
chine" or "the Cowac stion' stat
ing that he was sometimt. ''th Cow
an and sometimes against OK
Attorney F. j. Cuthbert, ohS r the
counsels for. the defense was called
this afternoon, testifying with refer
ence to the alleged case Of intoxica-
tion testified to by Joseph Duffy, be-
ing in the Devils Lake court room,
upon snoring" occasion. Duffy's
evidence, Cuthbert said, was not true
and he stated that Judge Cowan was
sober. There was no cross-examina-
tion.
Timboe Testifies.
Peter Timboe, a member Of the
Devils Lake police force, who previ-
ously testified for the prosecution
with reference to the frequenting Of
drug stores, was strong witness
this afternoon. He said that he had
ridden in autos to Devils Lake with
Judge Cowan, April 4, city election
day, the Judge being seated In his
lap. Timboe said Cowan was abso-
lutely sober. On cross-examination
nothing new was brought out except
that on redirect examination there
was query made as to manner in
which Timboe was enabled to fix the
time.
w. E. Bryant was called to testify
with reference to the November cleo
ton case of alleged intoxication, de-
claring that he saw Cowan between
4 and 6 o'clock in the afternoon and
that the Judge was then sober. He
said he was standing about twenty
five feet from Cowan at the time he
observed him Bryant's membership
in Devils Lake Civic : league was
brought up for confederation, admit
ting that he had signed the organi-
zation papers, but, that he had done,
80 under Misrepresentation. Bryant
said that he was not an active men,
ber now and that he did not remain
In the league because he believed
there was no need Of such league
and because it appeared to be more
of prejudice and politics than good
government.
Herman Rutten of Devils Lake, re-
siding there since 1886, and former
sheriff Of Ramsey county, assuming
that position the same time Cowan
mounted the bench, said that he saw
Cowan several times on November
election day, morning, afternoon and
evening, the last time being in the
county auditors Office between 9 and
10 o'clock. At no TIME during the en-
tire day did Cowan show any signs
Of intoxication. Upon the occasion Of
visit in the auditors office several
men had become engaged in heat
ed argument. When Cowan came in
he said something to these men, sug-
,gesting that they discontinue the ar
| gument as it might lead to trouble
and the argument ceased. Just as
Dan Brennan entered the Office. In
the evening Rutten said Cowan was
entirely sober. This is the occasion
that Brennan said Cowan was paw
ing" over the election returns and
mumbling to himself.
On cross-examination Rutten said
he was treasurer of the World Pub
fishing company of Devils Lake and
that Cowan holds 100 shares.
A. G. McInnes, a Devils Lake phar-
macist, said he was present upon the
occasion of the bet between Cowan
and Kerlin, general election day, and
/ hot he q
and that at no time did he appear or
was he intoxicated. The witness said
he wa semployed in Bells drug store
In November and that at no time dur
ing election day was Cowan behind
the prescription case and he also said
that ne had never at any time seen
I him behind the prescription case.
c. J. B. Turner of Devils Lake de-
MED intoxication upon the part Of
Cowan In the county auditors Office
last general election night.
Saturdays Evidence.
Saturday afternoon there were six
witnesses ON the stand for the de-
tense, their testimony relating tothe
Rugby incident of June IS, 1909, and
to the Lakota incident that has been
testified to by Mr.. Rex Of Grand
Forks.
< One of the features Of the after
noon session was the admission as q
portion of the evidence the constitu-
tion and the roll Of members Of the
Devils Lake Civic league, an organ
ization which has been prominently
to the front during the trial at various
times. This bit Of evidence was in
troduced over the objection Of the de-
tense after the prosecution had asked
permission to place It In the record,
basing this request upon the fact that
j Judge Cowan had referred to the
league in his statement.
j Continued on Page g.