The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-17
THE PROSECUTION
IS CONTRAD|CTEO
ON many POINTS
Witnesses Testify That Evi.
dence offered Against Cow
an Is an Error
the RUGBY STORY AND
THAT Of DEVILS LAkS DENIED

Witness Who Was Sick ut Rugby on
Night Before Incident Is Charged,
Testified Today-Dah Brennan Con.
tradicted by Peter Tunboe.
Oh. D. Paulson,)
Bismarck, N. D., April 17.-When
the senate convened this morning as a
nigh court Of impeachment to con-
tinue hearing testimony In the charges
against Judge John F. Cowan, alleg-
1ng habitual drunkenness and NAL
feasance In ONCE, there were still q
number Of members who had not re-
turned from the over Sunday visit at
home.
The FIRST witness called for the de-
tense this morning was A. j. Minkler,
Q banker at Knox, who was called in
the effort to prove that Cowan was
not drunk at the time of the court
session In Rugby, the same incident to
which Attorney Rex testified for the
prosecution earlier in the trial. He
accounted for all the time Cowan was
alleged to have been drunk in Rugby
and stated positively that Cowan was
not intoxicated.
On cross-examination George Bangs
for the prosecution attempted to prove
that Minkler was not in the hotel at
the time he claimed to have been and
endeavored to get the witness to To-
cate the room In which he remained
the night in question. The witness
WAS sick at the time and did not regis
ter and could not remember just what
room he coupled. He was on the
stand most Of the morning.
Minkler's testimony was direct
refutation of that Of Rex and Camp
bell. He said that he arrived in
Rugby June II, the night before
Judge Cowan opened court and that
he went to bed at the usual hour and
was quite i'll till some time after mid
night. having an attack of what later
proved gallstones, and for which he
underwent an operation. While lying
in bed. suffering intense pain. he said
Judge Cowan came in. lighting the
lamp, calling physician and remain
ing the greater portion Of the night
with him. leaving only at intervals to
get hot water for his relief. In the
morning Minkler said Cowan came to
the room fully dressed and left the
hotel for the court house entirely
sober. Minkler said he did not 60
to the court house till about the mid
die Of that forenoon, being one of the
litigantS in q case then In progress.
Shortly before noon the question of
law arose over which it was deemed
advisable to. secure authorities and
adjournment was taken to allow the
attorneys an opportunity to examine
the same. With Rex, Campbell and
Scotland; Minkler said they went to
Campbell's Office and then to the Goetz
cafe where all but Rex had dinner.
It was intended that all should go to
the hotel at first but didn't 60. After
lunch they went to the court house
where they found the court room lock-
ed. While at the top of the stairs
waiting he said Cowan, Palda and the
clerk Of court came up. He said the
day was very hot and declared that
there was nothing about Cowan's ap-
pearance to indicate intoxication. His
evidence was along the line outlined
by Cowan in his opening statement.
In the cross-examination the regis
ter Of the Cramond hotel for the period
In question did not show that Minkler
had registered either June IL or 1S,
but had been registered earlier In the
week. He had kept no account with
the physician attending him, DR.. Noel
ler, now residing in Mexico, but paid
him In cash. Geo. Bangs wanted to
know Il Minkler had registered under
an assumed name and the witness re-
piled that he had not registered either
under an assumed or own name as
previously testified to on direct ex-
animation, but that he was shown to
his room, which was on the second
floor, by the elder Mrs. Cramond. He
also said that he stopped at the Cra-
mond hotel quite frequently.
Not Asleep
Axel Egeland. president of the First
National bank Of Egeland, was call
cd to testify with reference to the in
cident in the Devils Lake courtroom
May %. 1909, when 1t is charged that
Cowan went to sleep on the bench
and snored. Egeland was one Of the
litigants in the case then in progress
He declared that during the entire
time he was present in the courtroom
and that at no time did he see any in
dication of intoxication upon the
part of Cowan. He also testified with
reference to the automobile trip t.
Bisbee when J. p. GILL, formerly Of
that place. claimed Cowan had been
drunk. He denied any intoxication
On the part Of Cowan at that time
admitting that only a few bottles Of
beer were drunk by the members Of
the, party during the strip.
On cross examination George Bangs
asked the witness with reference to
the action on which he said the de.
cision had been held up. the purpose