Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-07
Witness
TAMPER|NG
CHARGED
Former Supreme Court Judge
is on Witness Stand
Testimony on Delayed Cases
Very UnintereStiDq

pellnS was made pubic today When
President Burdick announced that an
affidavit had been filed with him by
George HOmness, chairman of the
! beard OF managers, such affidavit be.
ing made by one of the witnesses for
the prosecution, who declares that an
effort was made either to influence or
intimidate him.
This affidavit, contents of which
were not disclosed, President Burdick
announcing that publicity was not
de sirable till after the report of the
committee to which it was referred
had been made. This committee con-
sists of Senators Kretchmar, Mclean
and Cashel, and instructions to that
committee are to cause an investiga-
tion into the charges made by the
witness, reporting back with recon-
mendations on Monday. That the re.
port will either be to effect that prin.
cipal against whom charge is made
by witness shall be cited for contempt.
or that there are insufficient grounds
for action.
Slow Progress.
Very slow progress in the taking
of evidence was made during the ear
ly part of the day, John Andrews,
deputy state secretary of state, being
called to stand to offer John Cowans
oath of Office as evidence, while Carl
Jorgenson, deputy state auditor, offer.
ed in evidence certificates filed by
Cowan during last six years, all war.
rants drawn in his favor. There was
a little argument over admitting GER
tain vouchers in evidence, but they
finally were admitted. The witness
was not allowed to answer Tracy r.
Bangs question as to whether or not
any district Judge had ever filed a
certificate that did show any cases,
ETC., delayed. :.
Prosecution Closes.
The prosecution will complete in
of evidence in delayed
cases either late today or tomorrow
boards commencing Monday morning,
,r probably sooner. There will only
)e about seventy-five witnesses for
and their evidence can be
ldduced next week, depending largely
IN length of cross examinations.
N. e. Nostdahl.
When N. f. Nostdahl, a Rugby at
orney was called to testify as to one
# the charges of delayed cases, that
# Oksendahl VS.. Hale, there was an
nusual procedure, Counsel George
Bangs announcing after he had ques
ioned the witness on several points,
hat witness had been an unwilling
ne all the way through, remarks to
hat effect by counsel being stricken
rom record. Insinuations that pss-
APPS the witness was not telling all
hat he knew were also made, and wit
ess attempted to take exception but
'ithout result.
He did state, however, that he had
cen in the city ten days waiting for
n opportunity to see the prosecuting
Ounsel and had not been given that
pportunity. 1t was brought out at
lis point that Counsel George Bangs
ad accused him in the corridor Of
le capital building yesterday of
with witnesses. Wit.
ess admitted that he was friend Of
owan's.
His evidence was to the effect that
le case in question had been tried
| March, 1906, no decision having
cen rendered, but he claimed that
) matter of fact the case had not
reality been finally submitted. A
tier was offered by witness, upon re-
lest of prosecution. same being writ.
n by Burke, Middaugh e Cuthbert,
Mr.. Nostdahl, relative to this case.
this letter, dated in November, 1908
was shown that there was move.
ent for settlement.
This letter the prosecution refused
allow counsel for defense to exam.
e, but Immediately witness had
en- turned ever to defense, Nostdahl
IS requested for such letter by
'acy Bangs, and it was then turned
er by George Bangs, who had re-
ined possession.
Il would have turned it over immed'
ely" said George Bangs, had the
quest been made in courteous man
r."
Judge corIiss.
Judge Guy c. Corliss of Grand
'rks called in the same case, testi-
d that the matter had been tried
e latter part of February, 1906. He
id that he had submitted briefs
arch Z, 1906, and subsequently wrote
Judge Cowan as to the decision.
tiers dated December II, 1906; Feb
ary Is, 1907; April "a, 1907, July I,
OF, August 2, 1907, and February 20,
%, being offered in evidence In
bstantiation of the claim that re-
ated requests had been made for
|Cont;nue1 IN na0e RY