The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-19

OCCASION IOr rear. In TACT Mr.. Cuth-
bert said there was no such CONVEX
sation, also intimating that no type
writist had been rung In. George
Bangs said that he had memoran-
dunn Of the conversation and felt that
he was not mistaken, while Cuthbert
replied that his memory was doubt
less az good az that Of the prosecut-
ing counsel.
In his evidence on the delayed cases
In the following actions were touch.
ed by Attorney Cuthbert:
Oksendahl W. Hales, tried in 1906
was held up because of some law
point after he entered into the action
1t was delayed from time to time till
Hales decided that he would not stand
the expense Of q transcript, thus prac.
ticay suding the case.
FIN q. sste bank Of Crary vs.. Max
we'll, be 1t one side submitted but
that Of th> u Ser side never filed.
ChatbournN o poyon, action drop.
ped at the tin c- the hearing by all
parties. the evh being such as
to bring about an nenment. This
eas;oa eass had s!.o' been d'0p'se the prose
Mckee VS.. Haley, foreclosure Of
mechanics lien, evidence taken and
nothing else done,' evidence being am
biguous and precluding possibility OF
briefng. Order finally entered in De-
cember. 1910, dismissing the case
the evidence having been heard in
August, 1908.
Rock Island Plow company VS..
Stenseth, after testimony was taken
briefs were submitted by Cuthbert but
none were ever fled by the opposing
counsel, Attorney Anderson. No re-
quest had been made for q decision.
Some History
Some Devils Lake history was
brought out this afternoon when
Cuthbert remained on the stand and
was questioned extensively relative to
several prosecutions Of alleged vio-
'lators Of the prohibition law last fall.
Mr.. Cuthbert's connection with sew
eral Of these cases was touched upon
at length.
Work in Devils Lake at the time of
an examination Of witnesses by At
torney General Miller, Immediately
following several raids, was chiarac-
terized by Cuthbert as burlesque
and for the purpose OF manufacturing
campaign material.
Mr.. Cuthbert said that In the pro-
ceedings at starkweather against sew
eral alleged violators Of the law,
while he was city attorney, he per-
formed several acts for such alleged
offenders In the way Of fling bonds,
ETC., and that he appeared for Mr..
Reid In the district court when the
infpTmatton was dled against him,
Reid, Tuttla and Wallace being cli-
entsg Of the dffn in which he was q
member.
1t was also shown that Cuthbert had
advised Chief Of Police Barnes Of
Devils Lake during the progress OF
the examination before the attorney
general, not to answer certain ques-
tions under the claim that such an
swers might tend to incriminate
Barnes. Mr.. Cuthbert also believed
that one purpose of the examination
had by the attorney general last fall,
which he said were published broad
cast, WAS to seek evidence against
Judge Cowan for the impeachment
case. He was also questioned with re-
gard to the delayed cases.
P. ]. McClory Of Devils Lake, also
of counsel for the defense and mayor
Of the city. followed Chthbert on the
stand and when he. mounted the
chair, President Burdick announced
that this was volume two Of the early
settlement In Devils Lake, indicating
that Devils Lake history for an ex-
tended period is being reviewed in
the case.
Late Tuesday Afternoon
Late Tuesday afternoon A. E.
Sheets Of Lakota was recalled to the
stand and testified with reference to
q decision in a delayed case. It was
that Of Departs vs. Sheets, in which
Scott Rex Of Grand Forks represent
ed the defendant, Mr.. Sheets wife.
He also acted in the case but was not
an attorney Of record. He declared
that 80 far as he knew there never
had been any findings submitted to
Judge Cowan and on cross examina-
tion was shown a letter relating to
those findings submitted by Scott Rex
but of which he said he was not
aware.
In Mfnot Stoekyards Again
". j. Carroll testified with refer
ence to the Minot stockyards incl
dent, previously testified to. by D. G.
Greenleaf of Minot. He said that he
had seen Cowan both the first and
second day Of the sale, and on the ev-
ening Of the first day and at no time
was Cowsan intoxicated. He was one
Of the sellers in that sale. He re-
ferred to the mixup in Cowan's horses
that had been brought about.
John Haslan Of Devils Lake. q mer-
chant of that city carrying q $35, 900
stock, gave evidence with reference
10 the city election day, declaring that
he saw Cowan several times that day
and that at no time was he under the
influence Of liquor, nor did he appear
10 be drinking. On cross examination
he was asked II he held any interest
n the Vanderhoof hotel building, re-
plying that he did not.
Continued on page 81
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