The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-04
Politics and Religion
Figure in Cowan Case
Dissemination Of Dan Brennan II Morning Brought Out
Some Important Side II IS
Fred Mann Made Labored Explanation Of as Member d
City Council

that within a few weeks after the or
ganizatlon of the civic league he de-
cided to get rid of Judge Cowan.
The witness said he agreed to de-
fray his part of the expense Of the
counsel fees in the impeachment pro-
ceedings In retaining G.. H. Dewitt
during the house procedure
Before leaving the stand Senator
Simpson inquired if this agreement
extended to the present counsel for
the impeachment trial.
r. A. Nestos of the house board Of
managers stated that was a proper
question to be asked of the board of
managers and not of the witnesses but
the latter was allowed to testify that
he had no connection with retaining
or paying the present counsel.
Fitzgerald on Stand.
Other witnesses were James Fitz-
gerald, Benson county farmer, who
said he saw Cowan asleep in the
Gordon livery stable about midnight
the night before election last Novem-
Der, that the jurist was sitting on
board covered with blankets.
1t was brought out that he had been
bSAOAC %OWdIA OIL d ClldAEG vi NlOIdLAuB
a statute and the jurist had admin
istered him a severe lecture. Since
then he had not the best of feeling
for Cowan.
Two Other Witnesses.
Albert Roberts. state commander of
the G. A. r. and Avery Johnson were
the last witnesses before noon.
Both Roberts and Johnson testified
very briefly. The former told Of see
ing Cowan in Gordon's livery barn.
The latter said he ran a laundry near
there and that liquor was sold in the
barn.
Afternoon Session.
T. ]. Kersten was the first witness
after the noon adjournment. He had
known Cowan twenty-five years, had
seen Cowan drinking in the Moran and
the Greene drug stores, but did not
know what he was drinking. On
cross examination he admitted Joe
Kelly asked him to come down and
testify.
Attorney Dugsan.
Fred Duggan, Grand Forks at
torney, testified in relation to the
hearing of motion by Cowan at the
hotel in May, 'Os. His
was along the same line as
hat by Attorney Flynn Of Devils
Lake yesterday on this point. He
thought the judge was intoxicated.
TFayhaF Mas. Next.
Attorney Traynor or Devils Lake.
who was a candidate for mayor
against P. ]. McClory, was the next
witness. He testified as to specifica-
ions and 10 Of charges 2. He said
IN Aug. 4, 10, he thought one OF his
slients was to be arraigned on a blind
pig charge and went to the courthouse
20 look after the mans interests. He
stated that when the defendant plead
ID Judge Cowan asked him IL he had
lad any money and was answered in
he negative. The Judge appointed
McClory to defend. Traynor stated
Cowan's face was flushed and he seem
ID intoxicated.
Another time Traynor said he saw
5owan come out OF Greenes drug store
md the judge appeared intoxicated. It
vas election day and the judge got into |
IN auto that Traynor had personally |
aired.
Traynor explained going to Stark |
weather. TO get warrants for the raid |
IN the Devils Lake pigs. He also ad- |
nitted on cross examination that he |
lad ordered the name of Attorney |
cuthbert placed on the papers as the |
attorney of record for some of the de-
endants.
Mullough Followed.
@. w. Mullough, a travelling man,
ormerly a clerk in a hotel at Wah-
'eton, stated that election day last
November he saw Kerlin and Cowan
'et on election and that Cowan look |
d intoxicated.
Later the witness saw Cowan on the
treet and he appeared In a worse con-
ition. Still later the same day he
aw Cowan in bank building end in
listed the judge was being supported
" General Creel.
On another occasion he had seen
he judge on train, when he thought
he accused was slightly intoxicated.
Judge Burr Called.
Judge Burr of the ninth district was
he next witness called.
Burr's testimony was very brief and
elated merely to having asked Judge
'owan to hear certain case for him.
Campbell on Stand.
Attorney Camppen of Rugby testi-
ed that Judge Cowan presided for
Judge Burr at Rugby, June is, 90 and
hat he went to sleep on the bench.
fe said the spectators laughed and
ater some one shook the Judge by
he shoulder
He also stated that he saw Judge
'owan staggering three blocks away
On cross examination he stated he
ad not very vivid recollection OF the
vents of the day.