The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-05

Bismarck, n. D., April 5-A y
heated fight resulted when the "
senate went into executive ses- "
sion over the question of wheth-
er Or not the proposition of de- =
layed cases charged against Judge y
= Cowan is in reality an impeach- y
able offense and whether or not =
the senate should take evidence n
on that feature. Senator Simp- n
son raised the point and bitter =
+ debate followed with many mem =
. bers participating. When the =
= executive session ended it was de- y
= cided that no evidence on the de- y
layed cases should be taken until
such time as the matter had y
been submitted to the supreme y
court, or until the senate had y
Z" heard arguments from counsel y
= for the opposing sides and de- *
. cision made by the court.
y y = = = i + = = y
Bismarck, N. D., April 5.-Opening
their case today by introducing evil
dence tending to prove that Judge
John Cowan frequented drug stores
that were "notoriously known to be
places where liquor was sold unlaw-
fully" and that he himself purchas-
ed and drank liquor in those places,
the prosecution practically passes
from the charge of habitual drunken
ness that has up to the present time
occupied the sole attention Of the
court Of impeachment.
BY tomorrow noon it is expected
that all evidence bearing upon the
charge of frequenting drug stores, to
which the defense has and still does
object on the grounds that the fire.
quenting of those stores is not in
reality an impeachable offense under
the constitution and statutes of the
state, will have been introduced, and
the. prosecution then enters upon the
last phase of it's case, that Of delay
ed cases and the filing Of false certifi-
Gates. There is yet to come, how
ever, some little evidence tending to
prove the charge of habitual drunk
enness. but the instances remaining
are few. Counsel Geo. Bangs declar-
ed today that the case of the prose-
cution may possibly be closed by Sat-
urday evening.
The plans for the line of defense
are being formulated daily and wit
nesses will be subpoenaed to appear
in Bismarck some time next week.
Leading Counsel Tracy Bangs will
make the opening statement for the
impeached iurist and then will be
opened the fight to disprove the evil
dence laid before the court of i'm
peachment by the prosecution.
Judge Cowan himself will be the
most important witness for the de-
fense, and he will be on the stand,
from present Indications. at least an
entire day. and possibly longer
time. as beth the defense and the
prosecution doubtless will inquire in
to practically every detail of the
charges contained in the articles Of
impeachment.
The threatened action against
James Blackorby by the prosecution
has been dropped and the witness
who proved so unsatisfactory from
the point Of view Of the state has
been discharged. 1t also appears that
the steps one time considered against
outsiders who. it is claimed, were
brought almost within contempt Of
court because of their talks to wit
nesses. have been abandoned.
Up to last night the prosecution
had brought ont in its evidence nine
teen different times over period Of
two years when 1t was declared that
Judge Cowan had been more or less
under the influence of liquor.
Burr Recalled.
Judge A. c. Burr of Bottineau was
recalled to the stand at opening Of
today's session and said that he had
been with Judge Cowan On the even
ing of Jan. q, 1910, in the Cramond
hotel and that the accused then ap-
pesred to be dazed. and that his
breath smelled Of liquor. This was
at the time of the Slavens case.
Charles D. Donnel1y was also re-
called for cross-examination by the
defense and stated that while E. R.
Sinkler. now assistant prosecuting at
torney in the impeachment case made
the appeal in the Slavens case that
no assignment Of error appeared in
such appeal. On redirect examina-
tion Donnelly said that there were
few objections or rulings made in
the Slavens trial.
Scott Rex on Stand.
Attorney Scott Rex of Grand Forks
said that on June IS. 1909. he saw
Cowan in the Cramond hotel partial
ly intoxicated and smelled liquor on
him plainly. During the progress of
the trial on the forenoon on that day
he was partially intoxicated and un-
able to follow the court procedure.