The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-14

Grand Forks at the time Of the first
action Of the house Of representatives =
Then the Judge called attention to
what he called the beautiful way In
which Judge CorIiss had laid the whole
blame Of the delay In the OlKsendahl-
Hales case on his shoulders and he
presented the facts OF the case, which
were rather tedioua for he average
layman to follow.
Other Judges Guilty.
He said In reference to case against
Sam Goldberg, who was tried for SELL
Ing beer unlawfully, that it had never
been his method while on the bench
to impose sentence on man and
then suspend that sentence, as he held
from the constitution that such action
on the part Of any Judge was not only
illegal but an Improbable offense.
And did you ever hear of any Of
the good judges OF our state who have
done such a thing?" he asked the
senate. "Of course you have, but that
has never been my method. The con-
stitution clearly states the illegality
of such an act, and / have lived up to-
the constitution always in that re-
spect.
But suspending sentence after once
passed. Is an impeachable offense," he
continued. "and If this honorable
board of managers is docking for
judges to irnpeach 1t might look around
and bring forth such men as Judge
Kneeshaw and Judge Templeton for
impeachment as they have been guilty
Of that offense."
Sam GoIdbers Case.
He stated clearly the facts of the
Sam Goldberg case wherein the de-
PENDANT had changed his plea of not
guilty to guilty to selling liquor. He
said the jail at that time only ac-
commodated eight prisoners and just
then there were twenty lodged within
its cells.
On recommendation OF the states
attorney, then William Anderson, a
member OF Judge Cowan's present
counsel in the impeachment proceed
ings he did not pass sentence on Gold
berg and has not until this day. He
said owing to the crowded and clut-
tered condition OF the county Jail,
the states attorney felt that Gold
berg was repentant and had a big
family to support and had promised to
do better, so 1t was concluded, In view
of these circumstances to allow the
prisoner his freedom but keep him
within the jurisdiction Of the court,
which he did.
Cites Judge Lindsay.
In connection with this case he
cited Judge Ben b. Lindsay, as that
good man out in Denver" and stated
that was just what his policy had
been ever since he had been on the
bench there, and he thought it was
emulating to reach out a helping hand |
when the circumstances permitted,
Il had no more authority under the /
laws of the state" he said, ''to allow |
this prisoner his freedom without /
passing sentence, than those judges |
then suspended 1t, and 1t may be |
equally Improbable.
but" he continued, "if you intend |
to impeach. then make the most OF
that opportunity which have here
given you"
He took up all the other cases up
to specification 10, giving concise
statement of each, and his attitude as
clearly as he could recall it, on all /
Of them. The senate adjourned about /
5: Is o'clock to convene this morning
TO hear the rest OF his address before /
Counselors Bangs, McClory. Cuthbert,
Anderson and Netcher begin with their /
testimony and evidence. Many OF the
Cowan witnesses are in the city anx-
lously waiting to be called so that |
they may return home as soon as pos
sible, as many are business men and
cannot well afford to remain in the
city long
Thnat About GrsenIeaf.
The reference made to ID. C. Green
eaf, the Minot attorney who testi-
fed for the prosecution the other day
that he had seen Judge Cowan at
1 horse sale at the Minot stockyards
n a state of exhilaration and intoxi- i
cation, was one OF the most startling
If the whole day
Judge Cowan said that he could
not understand why such a man as
ireenleaf would testify to such a
statement, when 1t was absolutely un-
rue, and that on that occasion he
vas no more drunk than he was when
le was addressing the senate, and he
added rather wittily, that he hadn't
lad a drink in two months"
He said that it would be remem-
,ered Mr.. Greenleaf had testified on
he stand that he had talked with Mr..
xerlin. Then the judge stated that
III had seen the Minot attorney on
he stand and how we'll satisfied the
counsel for the prosecution was with
linn, and how well satisfied the wit II
Tess seemed with himself, that he was
decidedly "swelled ups
"He reminds me Of a little boys
ircus balloon that is swelled until q
i'm is stuck in 1t to burst It, And Il
hats just what I'm going to do with
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