The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-03

he is deputy sheriff of Ramsey coun-
ty and told Of the Mckee VS.. Haley
case on Aug. 4. '0S.
This was court case with the litf-
gants and attorneys present. The wit
ness said when he entered the court
room Judge Cowan seemed to be asIeer
in chair for three or four minutes
McClory was attorney on one side and
Cuthbert on the other. One Of the
attorneys finally suggested they had
better postpone the case and the wit
ness left the courtroom.
On cross examination he said ii was
an extremely hot day and the occa-
sion was the only one In which he had
ever suspected the judge Of being in
toxicated. -
AttoEJ Tsstifies.
q. F. Flynn, az lis Lake attorney,
testified he camso the courtroom
during the same "A saw the attor-
neys, litigants andE. court stenog-
rapher. After the az rnment Of the
case he followed JlA. Cowan into
chambers to talk oyete Their matter.
He had not noticed tina Judge was
intoxicated on the bench 70 lille walk
ing into chambers. but z ncoherent
talk Of the judge led hi s \ believe
that the latter was intoxic, "a.
In May Of 1908, at the Vanderhoof
hotel, he testified that one night at
midnight Attorney Duggan of Grand
Forks got Judge Cowan to hear a case
in a small room at the hotel as the
judge was leaving town the next day.
The witness stated that Judge Cowan
was under the influence of liquor and
asked one Stinson for another drink
but the latter refused to get it.
The witness testified to being the
attorney for Joe Kelly, also for A.
B. Kerlin, active opponents Of Judge
Cowan. He also stated he worked
against Cowan at the primaries and
accompanied a man who distributed
circulars against Cowan on religious
matters.
Godward on Stand.
w. A. Godward, superintendent of the
Devils Lake city schools. stated that he
went to Judge Cowans court, Oct. 10,
10, to attend hearing in a drug
permit case and there were a large
number of ladies present Instead of
taking UP the permit case at that time,
the states attorney notified the wit
ness nothing would be done and the
court took up the examination of the
case of prisoner named knight,
afflicted with loathsome disease. The
witness testified the court made mis-
takes in the names of physicians who
testified and that the court conducted
the cross-examination of one of the
witnesses in a manner as If he wanted
to insult the ladies present.
When asked how he could read Judge
Cowan's mind, the witness said by gem
eral appearance of the Judge, his facial
expression and he thought he was in
toxicated because the judge appeared
not to have full control of his features
The witness was asked why he re-
NAMED in the courtroom to hear such
testimony when he had
been informed by the states attorney
the drug permit case would not come
up. Godward replied that he feared
the case would be taken up and he was
afraid to leave.
Godward was given a rigid cross-
examination and recanted slightly some
statements in his direct testimony. He
stated he was personally opposed to
Cowan and was sorry he could not
have been the first instead of the sec
ond signer to the petition asking inn
parchment.
Pay of Witnesses.
President Burdick announced that
witnesses will be paid 21s cents mile
each way. the most direct route from
their homes to the capital Mrs. Alice
Nelson Paige is today busy making out
The payroll, for the witnesses before the
house on that basis.
The payroll for the witnesses before
the high court will be in the hands of
Senator Eiken.