Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-05
TESTIMONY In
COWAN'S TRIAL
TUESDAY P. N,
], w. MULLOUGH.

resenting Winston Harper-Fisher COM
pany of Minneapolis, said that he saw
Cowan November 8, 1910, when he
made bet OH the outcome of the
gubernatorial election in the county,
and that Cowan was then drunk. Null
Tough also said that he saw Cowan lat
er in the day and that he was drunk at
that time also, and that he was walk
ing wide" A third time he said that
he saw Cowan in the Bangs block,
and that he was drunk then also, be-
ing escorted by Col. H. NJ. Crcel.
This witness also said that he had seen
Cowan on the train near Derrick and
that he was then also somewhat un-
der the influence of liquor. On cross
examination witness said he was TN
able to remember anybody else on the
train. lie said that he had taken part
in the fight on Cowan and that his
work had been antagonlStc to the
Judge.
JUDGE A. G. BURR.
Judge A. G. Burr Of Bottineau was
next called lie said tina, in the June
term of court at Rugby he had called
Judge Cowan to sit as judge i'll case
in which Geo. Gets of Grand Forks
appeared as plaintiff, that the jury was
drawn and sworn and court adjourned
till eight o'clock the following morning.
No further evidence was taken, as
Burr said he was not present when
| Cowan arrived.
Ryhus Jones OF Rugby, proprietor
of the Cramond Hotel, said that the
register Of the hotel at about the time
of the June court term, had been sent
to Judge Cowan. A register OF Janu-
airy "a, 1910, from that hotel, was
introduced, but the page showing that
Cowan had registered there January "a
had been sent to Cowan. The Judge
remarked to prosecuting counsel that
there was no question about dates on
which he was in Rugby, but prosecu.
ton said it was anxious to know who
else had arrived at about the same
time.
On being recalled to the stand
Judge Burr gave testimony with ref
ercnce to an incident occurring in Rug
by in January, 1910, when the Slavens
case had been set for trial, Cowan
being called in OH January 25. Judge
Burr said that Cowan was in Rugby,
but that he did not appear. Burr said
that on the morning Of that day Burr
said he had gone down to the hotel
to escort him to the court house, but
did not see him. The first time that
he did see Cowan was on the fore
noon of January &c, and that he had
sent the sheriff down to the hotel to
get Cowan, and that the Devils Lake
jurist did come to the court house with
that official about 10 o'clock. Ed.
Erickson was the sheriff at that time,
and Burr. on being questioned, said
that he did not know just where
Erickson was at the present time.
THOMAS OKSENDAHL.
Thomas Oksendahl Of Pierce, said
that he had seen Cowan one night
. during the Slavcns trial. Attorney
Sinklcr questioned the witness with
reference to a conversation he had had
with him (OksendahD several nights
ago, denying that he had told Sinklcr
at that time that he had been with
Cowan the night before the term open
ed lie had been in Cowan's room on
the night Of the day the term opened,
however, and SO stated. He said that
on that evening there was bottle of
whiskey standing on a table and that
he tasted OF the same. This witness
occasioned an opportunity for specula-
ton for a time on the effort Of the
prosecuting attorney to show that the
evidence as given was somewhat differ
ent than previously stated. That Cow
an was drinking on the night that he
arrived in Rugby.
II. C. HURD.
Fl. c. Hurd stated that he had been
in the Hotel Cramond in one or two
rooms where Cowan was, and that
Cowan was there. Hurd was formerly
postmaster of Rugby and publisher OF
the Pierce County Tribune He said
that on the evening that there we're be-
tween nine and fifteen other men pres
ent off and on during the same even
ing. The witness was unable to tell
just how long Cowan remained about
that night. The witness said that Cow
an was not intoxicated. He declared
that in twenty-five years of acquair1t-
ance he had never seen Judge Cowan
drunk.
CHARLES d. DONNELLY.
Charles D. Donnelly OF Towner. an
attorney and now prosecuting attor-
ney of McHenry county, aslQ holding |
that position during the trial Of the
Slavens case. This case, he said, |
opened on Wednesday. One afternoon
during the progress of the case he
said Cowan closed his eyese, and that
while he was sitting in that manner
Attorneys Christianson and Sinkler be-
coming engaged in a wrangle over a
point of law. and offering to make a
bet on the question. The wrangle was
closed when one of the attorneys re-
marked. Ego on with the trial." At
that point the witness said that Cowan
opened his eyes. Donnelly, who prose-
cuted the Slavens case, said that he ar
rived in Rugby on the afternoon prior
to the opening of the case. The con-
tinuance of the case from that day to
the day following. Donnelly said, had
been brought about through request
made by Sinkler and Christensen Of
Cowan.
ADJOURNMENT.
At this point an adjournment was
g.