The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-31
STATEMENTS BY
THE PROSECUTION

I'LL IltUulUUJluV
Attorney George A. Bangs Out
lines What Is Expected
to Be Proved
Bismarck, N. D., March 31.-An ex-
haustive preliminary statement of the
charges against Judge John F. Cowan
OF the Second judicial district, which
the prosecution expects to substanti-
ate by evidence introduced in the
trial before the state senate, was
made today before the Impeachment
court by Attorney Geo. A. Bangs for
the prosecution. His address was
lengthy and in it he covered the
ground as seen from his side of the
case very completely.
Charges Of drunkenness in public
places, drunkenness in court rooms so
serious that delay in cases resulted,
that he went asleep on the bench,
that he frequented places notorious
for their violation of the prohibition
law, and that he violated his oath of
office in failing to do his duty ia
prosecution OF such offenders, that he
was guilty of gross delay in making
decisions in cases, and that he was
guilty OF serious offenses against pub
lie morals and decency, will be sub
stantiated, Bangs declared, by an ar
ray of witness that will include
counsel in cases, before the Judge,
clerks in places where he Is alleged
to have purchased liquor, witnesses,
jurors and litigants in court before
him, as we'll as others who observed
public drunkenness.
That the board of managers have
been fair in every detail of the work
up to the present time, that they have
exhibited no feeling of persecution
and have recognized neither friend or
enemy, in the preparation of the evil
dence, was the c~~tention of the
prosecuting counsel.
s. Girl Witnesses Absent.
The fact, too, that Edith Mcdonald,
the Minnewaukan girl and Nellie
Schulz of Rugby, both of whom were
prominently in the limelight during
the first time the Coyan case came
up before the house OF representa-
tives, are absent from the state was
noted by the prosecuting attorney.
He declared that the Minnewaukan
incident Of which the Mcdonald CIR,
was to testify, could probably be
proved without her testimony, while
he said that the prosecution still
hoped to have Miss Schulz In the
state as witness before the court of
impeachment.
First MIR. Bangs took up the effect
OF an impeachment, declaring that 1t
was a course that was remedial in it's
nature. That is. an impeachment was
brought about to relieve an existing
condition that had proved intolerable.
The laws do not prohibit criminal
prosecution Of cases against an i'm
peached person, but the court of i'm
peachnlent does not fix any punish
ment except to remove from office
with the probable adoption Of resolu-
tion under which such impeached
person can hold no Office of public
trust in the state in the future.
John F. Cowan. Judge of the dis
trict court of the Second judicial dis
trict, was impeached by the house of
representatives by resolution duly
adopted Feb. %. 1911," said Attorney
Bangs. "The grounds of impeach-
ment embrace all those specified in
the constitution and statutes, namely
habitual drunkenness. crimes, corrupt
conduct and malfeasance and misde.
| vS1a In ~
of impeachment, in pursuance there
Of, were adopted by the house and
presented to the senate and 1t is upon
these articles, with the pleading. OF
the defense in response thereto, that
the issues are framed which now
come on for trial.
No Factions Recognized.
"The prosecution Of these articles
was by the house Of representatives
entrusted to board Of managers
consisting of Geo. Homnes, A. p
Hanson, w. v. O'Connor, R. A. Mes
tos and r. s. Norheim. The duties
imposed upon the managers have
been delicate and onerous and the
time allowed for the performance
thereof has been very brief. The re
suit of their labors Is about to be laid
before you; in presenting them the
managers say that they have known
no party and no partisanship; they
have recognized no factions; no
clique: no friend and no enemy: no
interest; no passion. prejudice. bias,
or antipathy or inclination"
Under article 1, in which charge
Of habitual drunkenness Is made. the
evidence that will be presented un-
der the eighteen specifications of the
second article, which are. in brief,
that the accused jurist had been seen
in various public places in an intoxi-
Gated condition. 1t ia claimed that
drunkenness upon the part Of the de-
fendant has been Of such a nature as
to IMPAIR his mental facilities as
while has his physical facilities, and
that the periods Of intoxication have
been 80 protracted and frequent as
to materially interfere with the per-
Torrance Of his duties as Judge.
in support of this article" said
IN nranro orr