The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-03
WITNESSES
Indefinite
testimony In the Cowan Case
This Morning Was Peculiar
Witnesses Were Vague and
Could Not Be Pinned Down

witness on the stand this morning
was George Dinglnan of Penn, N. D.,
a farmer in that locality since 1892,
whose acquaintance with Judge Cowan
covers a period OF seventeen years.
Counselor Sinkler conducted the ex-
animation for the prosecution and
brought out evidence In connection
with an unspecified act to establish
the charge OF habitual drunkenness.
Dingman stated that in company
with John Shultz, he met Judge Cowan
in the Vanderhoof hotel in Devils Lake
in January. 1909, while attending SHAFT
er trial in the district court. He said
the accused was in company with three
other men not known to him, that he
concluded he was drunk because he
repeated a certain question about his
personal welfare several times. Ding
man further stated that Judge Cowan's
voice was thick, his face was flushed
and his general condition was not the
same as on former occasions when he
had met the jurist, though he noticed
no popularity about the eyes.
Dingman admitted to Cuthbert of the
counsel for the defense, that he had
never before seen Judge Cowan drunk
and that was the only time in his ac-
quaintanee he had seen accused when
he thought he was drinking He said
Judge Cowan was not presiding at that
term Of court, but had called in Judge
Kneeshaw, so he was not then acting
in any Official capacity.
Dingman said that while Cowan had
appeared as attorney against him in a
legal contest with his brother, in set
Ting a family estate some fourteen
years ago, he bore no malice toward
him and was a disinterested witness
in this trial
The witness admitted having talked
with John Bloom of The Devils Lake
Journal about the impeachment pro-
ceedings prior to coming to Bismarck
and to the prosecution attorneys since
his arrival in town, but to no one else.
A concluding statement was made 20
the effect that he based his opinion of
Cowan being drunk merely because he
had never seen him drunk before.
There was much controversy between
Attorneys Cuthbert and Sinkler, both
entering many objections, President
BHrdick sustaining the majority of
those of the defense.
Another Witness.
L. ID Maurer OF Starkweather was
the second witness called and stated
he had known Judge Cowan for
twenty-five years. He testified in re-
gard to specification of charge Q,
wherein 1t is charged the accused was
seen drunk In a public place. The
witness said the occasion was after
midnight in booth of the dining room
in the Vanderhoof hotel at Devils Lake
in November, 1908, when on entering
the hotel he heard a number of men
singing, and recognized the voice of
Judge Cowan, though he didn't see
him.
The only man he saw was William
Samuels, Ramsey county commits
sioner
Maurer said as he passed up stairs
he could look over the transom and
see the figures of men, but couldn't
identify Cowan.
Maurer stated on specification of
charge 2, which accused the jurist of
being drunk in court, that he noticed
Judge Cowan fell asleep on the bench
while trial was in progress with the
jury in the box and when witnesses
were being examined. He said his
reason for considering the Judge in
toxicated was the manner i'm which
Cowan sat in his chair and head
leaned forward, but that his face was
not necessarily flushed.
Counselor Sinkler led the witness on.
and Tracy Bangs interrupted with
request to President Burdick. please
admonish the counselor to abstain
from tegtifying further himself in this
case for the Witness" which was sus-
tanned.
As witness Manrer was. vague and
indefinite. no conclusive statements
were made to either counsel. When
asked If he thought Judge Cowan was
drunk on the bench or in the street.
he simply stated the latter had the
appearance OF being dissipated."
Witness Indefinite.
Both the prosecution and defense
tried to secure facts and pin down
statements but without success. the
witness merely stating. Il cannot be |
any more explicit than ] have"
The witness testified he thought |
Judge Cowan was intoxicated about |
four years ago at the Chautauuua |
grounds. but couldn't recollect. and |
that he had seen him with other men |
on the Devils Lake streets when he
could not walk straight. though he |
stated later that Cowan did not stag
ger and he couldn't remember when |
or at what season of the year.h
Maurer said he was a director In |
Joe Kelly's railroad and other COM
panies In which Kelly is interested, is |
prohibitionist and said he never |
went out with the boys for a good |
time
He finally admitted that on the oc- |
casion when he heard Cowan's voice |
In the dining room alcove at the Van
derhoo9 hotel. that the song the group |
was singing was Aud Lang Syne
Other testimony may develop that |
the occasion was Jan. 25, Bobby |
Burns birthday, day dear to every |
patriotic Scotchman,
Maurer also swore he saw Judge /
Cowan issuing from the vanderhoof
hotel basement many times. which he |
stated later to the counsel for the de- |
Tense was where the lavatory and /
the wash room Of the hotel was To-
Gated.
Dull Forenoon.
Nothing of any further Importance
was brought out. 50 that the morn
ing'g testimony is generally consid- /
cred inconaeQuential.
Senator Kennedy has been excused /
for two days to attend to pressing
business in Columbus, Ohio.
Aftsrueem Session.
Frank Frye was the drst witness. /