Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-26

of Bisbee to the effect that no liquor
was drank in the afternoon. Kelly also
admitted that he had gained jag
during the session, and that next MORN
ing when in the hotel at Bisbee, where
he was in one room when socks were
cut off of Swanson, who was in bed,
and where the Hendrickson overall
cutting episode occurred. He also said
that there had been some drinking at
his home, and in these several :rci-
dents he said Cowar was participant.
Attorney Scott Rex was called on
the witness stand this morning, being
the first witness of the day, and in
his rebuttal evidence he definitely fix
ed the date upon which he saw Judge
Cowan in Lakota as July II, 1910, in
stead Of July IL. Evidence upon the
part of the defense fixes the date of
Judge Cowan's visit in Rugby as July
IL. This is the occasion when Rex
contends Cowan was intoxicated.
Rex also testified with reference to
the June incident in Rugby, denying
that Minckler was present on the first
day of the trial of several cases
brought before Judge Cowan, or that
the question of law arose demanding
all early recess at noon, around which
fixing of time of several other events
seemingly have entered, as noon Of the
first day..
Ed Wilson, formerly night, clerk in
the Cramond Hotel, testified with ref
erence to Judge Cowan's arrival in
Rugby January "a. 1911, at the time
of the Slavens trial, declaring that
there was some one up and around till
4 o'clock in the morning in Cowan's
room the first night he was there.
Progress Very Slow.
Progress in the introduction Of re-
buttal evidence has been remarkably
slow, very much more so than anti
cipated. All day yesterday there was
total of only seven witnesses on the
stand, while all told it is expected
that the prosecution will place from
thirty to thirty-five witnesses on for
testimony, slightly larger than origin.
ally intended. The examination of the
witnesses up to the present moment
has been very thorough on the rebuff
tai, and there is nothing to indicate
that there will be any departure from
the present plan.
Just what the defense will put on in
is difficult to say at the
present moment. 1t is not anticipated
however, that it will be as lengthy |
as the prosecutions rebuttal.
Devoted to Impeaching Witnesses.
Practically all of yesterday was de-
voted to the attempted impeachment |
of J. A. Minckler of Knox as witness !
for the defense.
Records OF the Pleasant Lake Tele-
phone company were introduced to
show that Minckler was in Knox on |
June IS, the day on which ne was
supposedly i'll, and that he talked over
the telephone to Paul Campbell of
Rugby. The records of the Cram
mond hotel at Rugby were introduced
to show that Minckler was not shown
to be there on the morning of June
II, as previously testified by Mr..
Minckler, while Paul Campbell was
placed on the stand to show that he
had, as matter of fact, talked over
the telephone to Minckler on June IS,
as indicated by telephone records.
When Campbell was on the stand
there was considerable reference to
several dinner and supper parties in
Rugby in June, 1909, purpose being
to definitely fix dates these same din
ners ha"ing been touched upon by 9th
er witnesses also.
J. Bingham of Pleasant Lake, car
ried the records Of the telephone COM
pany in question. These records show
the call in question to have been made
about O'clock in the afternoon, and
Campbell stated that about two hours
he met Minckler in Rugby.
Campbell also declared on the stand
that on Sunday, June 20, he had been
talking to Mincvkler, and that Minck.
Ter had then stated that he had been
iii that morning.
Henry Mennett, farmer near Dew.
lis Lake, the first witness of this after
noon, testified that he saw Cowan in
the auditors Office the night of the
general election, that he appeared
stupid and under the influence of II.
quor..
Geo. E. Thompson, also of Devils