The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
merly of the Leeds state bank al

merly of the Leeds State bank at
Leeds, was the next witness called.
The specification to which his testi-
mony referred pertained to the incident
on the Rugby streets, when Witness
Jungeward of the prosecution stated
he had seen the jurist wave his hat
and cali hello boys. Mr.. Iverson said
Judge Cowan was not drunk on the
Rugby streets June Is, 1909, at least
at the time he had seen him passing
from the hotel down to che courthouse.
For the first time Counselor Sink
Ter made any cross-e examination dur
ing the afternoon following the regu-
lar recess. he asked this witness how
1t happened he could recollect that
date and fix in his mind as June Is.
The witness stated that he remem-
bered 1t distinctly because of the fact
that the cashier Of the bank had told
him that morning that Judge Cowan
had opened term of court for Judge
Burr in Rugby, the day before
There was a little dispute between
counsel, when Mr.. Sinkler asked il
the bank cashier had told Mr.. Iverson
that Judge Cowan had opened court
the day before" to which the witness
replied in the affirmative. Then Tracy
Bangs asked II the cashier had said,
opened or arrived the day before to
open term of court for Judge Burr"
Mr., Sinkler stated that inasmuch as
the witness had already answered he
moved to strike out the second cues
ton, to which he had raised objection,
and Mr.. VERSIONS second response. The
motion was sustained by the chair.
Didn't Hear Governor Burke.
The next witness was Miles Miller
of the Miller & Rutten implement
dealers of Crary. The witness was a
member Of the state legislature in 1906
and 1907, and said he. had known
Judge Cowan for dozen years or so.
He said the night before election,
cited in specification Is OF charge q.
wherein it Is alleged Judge Cowan was
drunk on the streets of Devils Lake he
had ridden to the satanic city from
Crary in his machine to hear Gov
ernor Burke speak. He said he met
the accused jurist on the street near
the corner of the First National bank,
about 10 o'clock at night and that he
was perfectly sober.
On cross-examination, he was asked
how II happened he was on the street
himself at that hour when the politi-
cal speech began at s o'clock, and he
said he intended to go, but couldn't
get in. that there was such a big
crowd.
Such big crowd to hear the gov
ernor speak at Devils Lake" laughed
Mr.. Sinkler with one of his knowing
winks at the senate. A smile appear
ed on the faces OF the senators sitting
within close range of his voice.
Then the witness told Mr.. Sinkler
that on that occasion Judge Cowan
appeared perfectly sober and didn't
show any indications of being under
the influence of liquor. whereupon he
was excused from the stand.
Gordon Testified.
John Gordon. proprietor Of livery
barn at the lake town testified that he
saw Cowan night before election and
also the next day at his barn. Gordon
refuted testimony OF Avery johnson
and Fitzgerald relating to Cowan
sleeping at the barn and appearing
next morning in a dilapidated condi-
ton. Stated that he had known Cowan
for fifteen years and that the night
before election, Nov. 7. he and Cowan
became involved in arguments Of a
political nature, he being for Burke
and Cowan for the other side. The
arguments were of a friendly nature.
Cowan left the barn that night in COM
pany with Robert Cochran, nothing
was drank at the time. and he did not
see Cowan under the influence Of
liquor Witness saw him next morn
ing, and that Cowan appeared the
same as he did now in the senate
chamber except that he had a hat on.
Witness slept in a room of OF the
office Of the barn. but denied that
Cowan ever slept there. He was ask
ed as to whether the town was full