The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-07

Senators Baker, Carter, Cashel, Davis.
Duis, Duncan, EIlingson, Ganssle,
Gronvold, Gunderson, Hookway, ia
cobson, Johnson, Kennedy. LaMoure,
Linde, Martin, Mcdonald, Mclean,
Ruzicka, Simpson, Stevens, SyvertsOn,
Talcott, Thoreson, Trimble, Walton,
Welo, WEIGH and Young.
Voting in the negative were Senators
| Allen, Bessessen, Mcdowell. diversion,
Plain, Putnam, Steele Of Renville,
Steel of Stutsman, Elken, Turner,
Garden, Gibbons, Gilbert, Wallin,
Whitcher and williams.
Long Legal Debate.
A lengthy legal debate between the
two brothers. who are leading counsel
on either side, consumed the entire
afternoon. There were many inter-
ruptions by the numerous senator's
on the floor. as IT was a question
which was of vital Importance and
concerned whether unspecified in
stances should be cited in the blanket
charge against the accused jurist to
establish his guilt as having fraudu-
lently obtained his salary.
! Specification /, charge z, says that
/
official capacity. did at the end of every
three months from and after. on or
about the first day OF January, 1905,
for the purpose and with the intent
to unIawfully obtain and procure to
be paid him his official salary as such
Judge in violation OF law. wilfully, un-
lawfully and fraudulently make and
present to the auditor of the state a
II.
made affidavit that no motion, appli-
cation or question or Issue Of fact
submitted to him with the intent to
deceive the state auditor and make
the latter believe he had complied
with the full provisions Of the law.
| 1t was hard question to decide and
a number of times both George A.
Bangs and his brother Tracy were
interrupted by questions asked by
Senators Martin, Hookway and Bes-
sessen. Finally at the conclusion Of
the argument, President Burdick an
nounced what the question was and
that he would not argue with the SEN
ate, but would submit the question to
vote.
II have already decided what I am
going to do" said President Burdlck.
And / shall not argue with the SEN
ators."
The roll was called and the de-
PENDANTS objections were sustained by
majority of 81 to is.
Drank With cowan Election Night.
When the hearing of the testimony
was resumed after recess, Avery John
son of Devils Lake was called to the
stand. He testified to having once been
clerk at the Ness drugstore, during
which time he stated he recalled that
Judge Cowan came in at least once q
week and drank there. When asked If
| he knew that silver Serumgaard had
an interest In the Ness store, he stated
that while he had frequently heard
such a rumor ne did not know whether
/ ii was true.
Mr.. johnson testified that Judge
Cowan called him up by telephone the
night of the city election last spring
and that he came to the Ness drugstore
at once where he had couple of drinks
of whisky with the accused. He stat
ed that he might have drunk with
Cowan's friends since but not with the
Judge himself. Further than this he
denied having drunk whisky with Fred
Mann nor with any of his friends.
During the crosse examination Mr..
1 Johnson stated he had once conducted
a drugstore at Hope, where he denied
he sold liquor without a permit He
said he did not sell liquor at Devils
Lake illegally, that he sold on physi-
clans prescription, though he had no
permit Then Mr.. Johnson volunteered
he had the moral support of Judge
Cowan.
Never mind about the moral sup
port" said Mr.. Cuthbert. please con-
fine your answers to the questions that
are asked
Not Active in Prosecution.
Counsel for the defense asked Mr..
Johnson IL he had been taking an ac-
i've in the prosecution. which the wit
ness denied quite positively. He was
then asked If he had been talking to
Fred Mann, A. b. Kerlin. Joe Kelly.
Fred Traynor or the attorney general
Mr.. Johnson also answered negatively
to this.
Scott Rex was recalled to the stand
earlier in the afternoon, but was ex-
cused when the discussion arose which
was eventually settled by the vote in
favor OF the objections. George A.
Bangs stated that he was ready to take
up the delayed eases, but not having
certain briefs In connection with putt
ting the various witnesses on the stand,
he asked that he be given until this
morning to present his case clearly.
Mr.. Bangs thought by tonight he may
have finished up all the witnesses who
will testify i'm regard to this charge