Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-15

John Anderson was the first witness
called for the defense yesterday after
noon. He said that he had not seen
Cowan in Churches Ferry in the sum
mer of 1909, as had been testified to
by Fulkerson and Strawberry for the
prosecution, nor had he ever assisted
COWan in boarding train or crossing
the depot platform in that city. He
had met Cowan on the depot platform
one time in 1907 and had gone to
Devils Lake with him, but he declar.
ed that the Judge was not then under
the influence of liquor. He also spoke
of DR.. Flath being present.
On cross examination Anderson said
that back in 1894 he had been con.
victed of violating the prohibition law.
He was asked If portion of the hotel
that he had been running in Churches
Ferry had been know as "Anderson's
Pig" but declared that so far as he
knew it was not. He said that he was
friend of CoWan's, and stated that
he was friend at the time of the
conviction for violating the prohibi-
ton law. This witness became badly
mixed in the matter of dates.
Redirect examination brought forth
the statement that John Cowan, as
attorney general, had prosecuted that
charge against him and that he had
been convicted before Judge Morgan,
FIath Next Called.
DR.. Flath of Churches Ferry, was
the next witness called and testified
to the same incident. He had seen
Cowan In Churches Ferry some time
during the summer of 1907, but that
he was not Intoxicated, although he
thought at the time that the Judge
might have taken drink or two.
He said that Cowan was walking along
the timber that was used in keeping
the cinders used as a platform, in
place, and denied positively that he
had supported Cowan or helped him
on train.
On cross examination DR.. Flath ad-
mitted that at some time or other, he
could not remember just when, he had
given Judge Cowan's stenographer an
order for some liquor.
Burr Incident Refuted.
F. O. Snow, custodian of the Devils
Lake postofiice building, said that he
had been in the corridor of the post
office the night that Rev. Burr had
testified to. when Burr and Cowan
had an alteration and when Burr
said that Cowan was intoxicated. At
that time Snow said that Cowan was
not intoxicated.
Fred Scott, clerk in the Devils
Lake postoffice, testified to the same
incident. and said that Cowan was not
Intoxicated. He said that the discus.
sion between the two men had been
quite heated, and the details of the
as remembered by him
was practically the same as previous
ly detailed. The witness admitted on
cross examination that Cowan might
have been drinking, but he did not
see any evidence of it.
Dr.. Cuthbert on Stand,
Possibly the strongest witness for
the defense during the afternoon was
DR.. VIM. H. Cuthbert, brother of
Attorney F. T. Cuthbert, associated
with the defense. He said that he
was county physician of Ramsey coun.
ty last year. and his evidence related
to the incident in the Devils Lake
court room that had been told of by
Mr.. and Mrs. Godward and Mrs. Hop.
kins. This was the occasion of the
examination of the physician, by
Judge Cowan, as to the condition of
Two prisoners in the county Jail, suf.
'ering from an unclean and danger
JUS disease.
This examination, he said. had been
conducted after he had been called
o the court room by Judge Duell.
hen states attorney. That the exam
nation was conducted in a gentleman
y manner, with voices pitched at
Medium tone. and that Cowan was not
He did not leer nor did
lot thunder" as one of the women
lad stated.
On cross examination he explained
hat he had made the examination of
he prisoners about a week or ten
lays previous. that he had notified
Judge Duen Of their condition and in.
ormed him that It was dangerous to
cave them a the jail with the other
prisoners, that the hearing in the
ourt room was the first time he had
zen Cowan since making the exam
nation. and that he had secured the
Of the prisoners to dis.
lose the nature of their disease be- |
ore the court.
TO CURE A COLD IN ONE oAv