The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-03
John Ding1nan and L. D. Mau.
rer Testified to Two Incl
dents in Trial
D|NGMAN DISCLOSED MALICE
on THE CROSS EXAMINATION
Cowan Several Years Ago Had Been
Counsel In n Suit Involving the
Estate of the Witness Brother and
Much Enmity Resulted.
OH. d. Paulson.'

VI. lSs fAulSONsJ
bismarck, N. d., April 3.-The ex-
animation of witnesses tending to
bear out the charge Of habitual drum
Kenness against Judge Cowan was re-
sumed today when the court of i'm
peachment convened, John Dingman
= OF Penn being the first witness. An
incident occurring at the Vanderhoff
MOTEL at Devils Lake in January, 1909,
1t the time Of the Shafer trial was the
subject OF his evidence. Dingman de-
ciared that he had gone into a room
IN the hotel with John Shultz Of Leeds
ana there met Judge Cowan and three
others. Cowan, he said, was drunk
and he based his opinion on the fact
that Cowan during the ten minute
stay twice inquired as to their busi-
ness relations, and upon the flushed
appearance Of his face and his thick
voice. He had known Cowan seven-
teen years and on cross-examination
said ne had not seen Cowan in that
condition at any other time. He did
not remember the names Of any the
others in the room at the time and
saw no evidence of drinking. Ding
man also said on cross-examination
that about fifteen years ago Cowan
AAsAN hOOAA SOAASCl Ill d 6ulG luVOlVluR
his brothers estate and that there
was considerable feeling engendered
by that action between the litigants
and that Cowan took active part in
the action against him. He also said
that he had talked to John Bloom Of
Devils Lake with reference to his
evidence.
On redirect examination the wit
Har1ornd hot h4 hn1
toward Cowan.
Naurer Testifies.
l.. D. Maurer Of Starkweather was
next called and testified with refer
ence to several incidents. He said
he had known Cowan about twenty
five years and that In October. 1908,
was walking about in the vanderhoof
hotel when he heard voices singing,
one Of which he recognized as Cow
ans voice. The voices came from a
booth of from the dining room, but
he was unable to recognize anybody
in the booth although he saw the
forms of the men. William Samuels,
he said, was with him. This incident
he declared, took place about l o'clock
in the morning. Maurer also said that
one day during the January term of
the court at Devils Lake he had seen
Cowan on the bench and to the best
Of his judgment, the judge was nod
ding and apparently dropping asleep.
He said Cowan was leaning back in
his chair with his head nodding from
time to time and that the usual court
business was being transacted. Wit
ness said that in his opinion Cowan
was intoxicated. Maurer also said
that he had seen Cowan on the streets
of Devils Lake and at the Chautauqua
grounds in an intoxicated condition.
In trying to describe the condition or
appearance as though he had been
dissipating but that answer was
stricken out as not responsive. The
witness, however, said he could not
express himself in any other manner.
Maurer also said that he had seen
Cowan when he came to the court
house that day.
When the court convened this aft
ernoon a communication from the at
torney general was read showing that
witnesses could draw pay mileage for
the shotest convient route travelled by
the public.
Frye Testifies.
Frye. former deputy sheriff Of
lAdulEcy SOuutsp eau 1C was PACc0uL
in the court room at Devils Lake
about Aug 4, 1906. during the trial
Of the McKee, vs. Haley case, sitting
several feet ;rcm the Judge Ger half
hour during which time he appeared
to be asleep with his hoad hanging
over on orc side, remaining In that
position several minutes. Attorneys
McCicry and Cuthbert were in the
case and he said that one spoke up
and said I'VE had better quit" and
that all went out Of the court room.
Cowan, he said, appeared to be asleep.
In the opinion Of the witnesses Cow
an was then intoxicated. On cross
examination Frye said he had known
Cowan six years; that this was the
only time he had seen Cowan when
he thought he had taken liquor. The
witness said he had never seen the
Judge take drink, nor would he
want to swear that Cowan was drunk.
Edward Flynn.
Attorney Edward Flynn Of Devils
lake, the next called, said that he
was in the court room during the Nc
Kee VS.. Haley case and that he saw
Cowan leave the bench on the occa-
sion testified by Frye. Cowan left
the stand slowly. but Flynn said he
did not notice the judge till he saw
him in the hall, when he said he ask