Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-28
NO SESSION IN COWAN'S
CONTINUED from page ~

| No Session IN C0WANS
Continued from page -
In the galleries and corridors dur
ing the progress Of the argumev.s
there doubtless will be found large
crowds. Every day of the trial has
found large numbers Of persons pres
ent, and the ladies of Bismarck have
taken no little interest in the proceed
ings and have been found in the gal
leries almost daily.
As to the Evidence.
| To determine the merits or demer-
it's of the evidence that has been in
troduced one way or the other in the
case is at the least a difficult task,
and the writer would hesitate to go
into that feature OF the case. When
it is considered that the court has
devoted practically twenty-five full
days to the receiving of testimony
alone, some slight conception Of the
magnitude of that record may be
time includes approximately 1890
printed pages, being by far greater
than the complete journals of either
house of the last legislative assembly
! The closing arguments and ballot
' ing, together with the other proce-
dure still to be carried out, will in
crease the size of the journal by at
least 500 more pages. All told, the
record will be almost as great as
that of the Cox impeachment case in
Minnesota, requiring three volumes.
Both the prosecution and defense
, express their satisfaction at the evil
| dence that has been adduced, espe-
| cially with reference to the drunken
ness charge, against which the re-
spondent has at all times directed his
energies.
Law On Delayed Cases.
Question of impeachability so far
as the delay of decisions in cases tried
in the district court over which Judge
Cowan presides, will be one Of the
propositions entered into at length in
the closing arguments by the defence,
and, necessarily, by the prosecution.
The defense will urge that the delay
Of decisions is not an Improbable
offense under the constitution of the
state of North Dakota, no corruptness
being charged in the articles of i'm
parchment on that proposition.
Yesterday Attorney Cuthbert of
counsel for respondent declared that
the defense would submit supreme
court decisions from over the United
States on the question in an effort to
show that the legislative assembly is
without power to enact mandatory
legislation directed at a coordinate
branch of government.
With that indication of the trend
Of the argument of the defense, it
can be readily seen that the subject
is one that has great possibilities, and
one that can be spread over a whole
lot of time.
Then there is also the question of
whether or not the charge of fire.
quenting drug stores is Improbable,
and that one will also be entered into
at length by the defense.
Still Discussing cowans Address.
The prosecution is giving no little
attention to the statement by Judge
Cowan at the opening OF the defense.
In that statement the accused jurist
made remarkably complete detail
of the various features of the case,
and now the prosecution charges that
the defendant has failed, in many
particulars, to introduce evidence
tending to prove the remarks that he
made.
Jack Kelly Intercepted.
Former State Senator Jack Kelly
of ToWner county was Intercepted
yesterday afternoon by the impeach-
ment court as to whether or not he
had made statements to the effect that
Senator Gibbons had been bluffed into
remaining away from the trial, either
to Editor Bloom of the Devils Lake
paper or his reporter, an 18-year-old
nephew of Mr.. Kelly, and Mr.. Kelly
replied that he had not. He said that
While at ]. NJ. Kelly's home in Devils
Lake, the latter being his brother
and father of the reporter on the
Devils Lake Journal, who is supposed
to have gotten the story on Gibbons,
he had made the statement that It
had been told to him that Gibbons had
made up his mind which way he would
vote, and that he was not coming
back. This statement, Kelly declared,
had been made to him by J. McCanna |
Of Cando.
Resolutions also were passed by
the court yesterday afternoon roundly |
condemning an attack made upon
Senator Bessesen in the Golden Val
ley Chronicle. This attack was edi- |
torial in its nature, and in the reso-
luton adopted the Impeachment court |
expressed its highest regard for the |
integrity of Mr.. Bessesen. There was
more or less argument as to the word.
Ing of the resolution, but it was fin
ally sent through with only one dis
senting voice, that of Senator Trim
bic of Bottineau county, whose OBJ
lection was to the feature relating to |
copies of the paper in question hav-