Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-22
JAMESTOWN ALERT THINKS
EVIDENCE / / / ||I|iI SHOULD I||II DECIDE
N:C0WAN'S IMPEACHMENT
Gives Many Reasons !! 4! Against
Snap j! Judgement &C =.
t:f:%E' 81; -. :-.G- - : ~ i:ff,> -
Well I! Expressed lpll'!! ] ! I Editorial 0p;
inion IS Given J.
Testimony dLast: Witness
Changes Looks

Changes Looks
From the Jamestown Alert comes
one of the best editorial comments
Oh the John Cowap Impeachment, case
that has been given publicity up to
the present time. That the evidence
in the case is a safe guide to follow
in the final determination of the ques.
ton is the view point from which
the comment is made. The Alert's
idea of the situation is expressed in
the following language.
In deciding the Cowan impeach-
ment case, senators called on to vote
and who desire to do justice to the
accused, can rely with safety only
on the evidence submitted as the
right guide for reaching a decision.
No doubt some members of the senate
went to Bismarck at the opening
of the case prejudiced against the &C.
cused, for the natural reason that
only the charges made by the pro-
secution had been given publicity be-
fore impeach.r ent trial began. These
charges We're widely circulated
through the Industrious efforts of the
political and personal opponents of
the judge before the trial lebegan; the
judges defense had not been heard.
Members Of the senate residing out
side of the second judicial district
were naturally unfamiliar with the
conditions in that district, which
bear upon the case. The public gen.
orally outside of the second judicial
district were in the same position as
members of the senate. If Cowan
had any defence against the black
charges so freely asserted by the pro-
secution, it had not been given, and
the natural inference became a fixed
belief that he was not fit person to
preside as judge over district court
or any other court.
But within the last few days over
SO witnesses have given testimony
on the side of the defense. This
testimony relates to the only two
charges against the Judge on which
the prosecution is seeking an i'm
parchment, namely, charges of intoxi
cation such as to render him unfit
to preside over court proceedings, and
delay in deciding cases tried before
him.
The charge that habitual intoxica-
tion has rendered the Judge physical.
ly incapable is disapproved by the
judge himself whose explanation of his
own case before the senate and whose
participation In the details of his
own defense, show him to be a vig.i
erous and entirely capable man. |
Many witnesses have been subpoened
for the defense and their testimony
is expected to be completed within
the next two weeks. The witnesses
to refute the charges against the
Judge come from q wide area Of the
state, not only from the present sec.
ond judicial district, but from the old
district formerly presided over by
Judge Cowan. Theae witnesses are
seen to be men from all walks Of life
and are leading business men, bank |
ers, attorneys and farmers. They
come from localities where the charg- !
es of the prosecution are laid and
the character of the defendants wit
nesses as far as introduced is seen
to be of the highest order. They are
good citizens, we'll known and reput-
able men.
These witnesses have fatty contra
dicted the sensational charges given |
such wide publicity for the prosecu-
tion, and not only one but several |
have testified to nearly every speci- |
fication Of the impeachment charges. !
Incidents of alleged 3drunkeness at |
Lakota, Rugby, Devils Lake, Minot
stockyards and Hansboro which were |
made much of by the; prosecution and |
which at first had most serious look |
are now emphatically denied by wit
nesses from those very localities, and
their testimony is corroberated by !
other witness, who saw the Judge at |
the time named by the prosecution.
Charges Of delays of court deci-
sions are also explained and shown
to be, wherever actually existing, the |
fault of attorneys and clients in fail
ing to file briefs or neglecting in
some manner the requirements of le-
gal procedure before decisions could
be expected or announced, Some Of
the cases of alleged delay are claimed
to have been persfstent1y expedited
by the court, while the delay is
proved to be caused by attorneys and
others. -.--, -
The testimony for the defense so
far is a strong argument in favor of
the accused. It. is reported that sew
eral senator's who have labored under
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