The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-06

was Burns birthday, Is1'ag that
It was sometime in JanuarS b.
Munro Blanchflower of Devhs$t 'e,
a former bookkeeper in the A.Sdo.
Bond drug store, said that he kneSt
Of the delivery Of whiskey to Judge
Cowan by that store and also said
that one day during the January, 1909,
term Of court at Devils Lake Cowan
did not arrive In the court room on
time, and that when he finally arrived
he Immediately adjourned court al
though the attorneys and jury we're
present ready to proceed. He said
that the judges face and neck we're
read and that he sat about twenty
five feet away. The witness said that
in his opinion the Judge was intoxi-
Gated at the time. On cross-examina-
ton the witness could not remember
who the attorneys were, or the date,
or any of the other features. He also
admitted being engaged in the study
of law in l.. j. Wehe's law Office,
Wehe being one of the signers of the
impeachment petition.
Scott Rex Recalled.
Scott Rex was recalled and Geo.
Bangs announced that this witness
would give evidence relating to the
delayed cases not specified, but which
he would submit in support Of the
charge that Cowan filed with the state
auditor false certificates for the pur-
pose of securing pay. This met i'm
mediate objection, Tracy Bangs con-
tending that the respondent should
not be compelled to answer to cases
not specified in charge six.
Senator Jacobson wanted to know II
charge seven, relating to certificates,
was not dependent upon the truth Of
charge six, containing forty-nine
specified cases.
Geo. Bangs argued that the prose-
cution had perfect right to introduce
such evidence az was not specified,
that being the very purpose of the
specification to which objection was
raised.
Tracy Bangs made some reference
to wanting fair play to which George
Bangs replied in effect that the in
sinuation was hardly proper. The
respondents argument was much the
same as that made several days ago
when the respondent demurred to the
general specification that was con-
the court eliminated.
The purpose Of this charge, counsel
for the defense contended, was that
it led Cowan astray, and II now al
lowed to introduce evidence Of that
nature, he said that Cowan might just
:as we'll be commanded to stand up
and plead guilty, as being without. any
previous knowledge of what the cases
are he would have and could have
no defense prepared. True there was
a notice served on the respondent to
produce the records in certain cases,
but this was served March "a, and the
case began March %. For several
weeks counsel for the prosecution
and the board Of managers have been
keeping defendant rather busy, Tracy
Bangs said, and he added that some
had been active even before that time.
All that the respondent asked, he said,
was fair play. President Burdick
ruled that the evidence of this nature
could be admitted while Senator Hook
way felt that enough cases were
specified 50 that the prosecution, IL
it had a case, could also prove its
charge relating to the certificates.
Commenting on the situation Presi-
dent Burdick said that the ruling out
of evidence on unspecified cases would
not work as great an injustice on the
prosecution as 1t would upon the de-
fendant.
Executive Session
In yesterdays executive session
there were rather heated arguments
on several questions that arose. That
of publishing the proceedings caused
big stir and it was finally voted in
favor of having the proceedings print
ed in the official journal. The argyll
ments at one time reached a point
where Senator Trimble made the
suggestion that great deal of the
talk appeared to him to be somewhat
on the gallery order. No little feel
ing has been engendered in the SEN
ate during the last few days and some
of that feeling was allowed to have
full sway behind the closed doors
of yesterdays session. At one point
during the proceedings an effort was
made to abandon the executive session
but 1t failed. The entire proceedings
appear in today'!s journal.
(Continued on Page 5,)