The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-21

aLes me wrestling match betWeei
Asfdy Taylor and the judge was re-
cited, and the little encounter whicl
followed between Mr.. Taylor and MI
EReland was recounted.
The witness told OF the new shir
which WAS purchased lin Hansboro fo
the Judge to- replace, the one iwilicI
had been completely torn from hi
body In the scuffie and later used t,
wipe the greasy hands of the men wht
had repaired the machine. He called
the second shirt coon shirt" becaus,
or It's loud eolors and told how TIL,
Judge put In on just outside the vii
lage, after the larder OF the party
had been replenished with lunch ant
about six bottles of beer for the en-.
tire crowd. He stated that no on,
was exhilarated nor intoxicated, bu
all were just having a good time.
Denied 5ranehfiower's Story.
Mr. Taylor then denied the story tolt
by Witness Monroe Branchfiower, thai
Judge Cowan was drunk on one coca.
sion In court, that he came into the
courtroom adjourning the proceedings
without even taking his seat He
further stated that Judge Cowan was
not asleep on the bench, ais had beer
testified by Witness Maurer.
Several incidents were brought out
about city election day at Devils Lake
last spring. Mr.. Taylor stated he was
with Judge Cowan aImsot the entire
day, as they were both helping in the
election, and that he knew he was
perfectly sober all day long. He did
not remember the election bet made
between Judge Cowan and Mr. Kerlin
happen to be with the accused just at
that time
The same thing, he said, applied
to the general election day last Novem
Der, when he said he accompanied
Judge Cowan about the whole day and
that he was perfectly sober.
Or. cuthbert vs. Professor Godward.
Mr. Taylor was next examined re-
garding the incident in the court
room about which Professor and Mrs.
Godward testified, when they declared
Judge Cowan was so drunk on the
bench that he purposely insulted the
women present by having DIR. Cuth-
bert testify in regard to prisoner hav-
ing a loathesome disease confined in
the county Jail
He stated that Professor Godward
appeared in the door of the judges
chambers and asked the accused tur-
list IL the applications of certain drug
gists were to be heard on that day, and
that Judge Cowan replied in the mega
tive. After this, he said, the superin-
tendent of the Devils Lake schools
went out into the courtroom and was
sitting beyond the rail when Judge
Cowan went on the bench to attend
to the business of the court that aft
ernoon.
When the matter of the prisoners
condition was presented to JudE
Cowan's attention, DIR. Cuthbert was
sent for by telephone. and came a lit
tie later. The examination of the
county physician, he said was not con-
Quoted in a loud nor boisterous way
and Judge Cowan spoke in his ordinary
tone of voice. He could not lust
recall who conducted the examina-
ton, but he stated the judge was per-
fectly sober He denied that Judge
Cowan talked loudly to any OF the
women present, but that the women
seemed disposed to open a quarrel with
him.
The testimony of DR.. Cuthbnrt was
and the witness also de-
nied the allegation that Judge Cowan
snored while sitting on the bench in
The Duffy Egeland case.
Whisky Not for cowan.
The last questions Of the direct
were asked In regard to
he statement made by DR.. FGath In the
ross examination, when he said he
lad once given Mr.. Taylor an order
or some whisky.
The witness testified that DR.. FIath
lad once given him such an order.
tut that the whisky had not been OBJ
aimed for Judge Cowan, and that
fudge Cowan had not gotten q single
rink of whisky from the bottle Mr..
Taylor purchased.
Chair Sustains Prosecution.
Tracy Bangs then asked the witness
II had not been the custom OF Judge
yowan when returning to Devils Lake
rom any other point in his district
o notify all the attorneys in the city
4 his return and ask them to bring
before him whatever bMsiness they
night have at hand.
Counselor George Bangs objected to
his question as irrelevant and not be-
ng proper cross-examination and
eading. The chair sustained the OBJ
ection. Then Tracy Bangs attempted
o show the court that it was for the
mere purpose Of showing that il there
lad been any delayed cases In court, |
was not wholly his fault but por-
ion of the blame rested on the at
orneys practicing before him.
The chair still maintained the posi- |
ion taken, when Counselor George |
sangs said that the matter of custom
i'd not enter into the case at all. and |
hat the leading counsel for the de-
ense had already gone beyond his
rivilege in making such a statement
which so clearly set forth the inten-
Ions in presenting the testimony.
President Burdick stated that he
you'd maintain his ruling and 1t |
would be so ordered unless the sena- |
ors themselves would like to hear the |
whence that Tracy Bangs might offer |
a that particular. Senator Gunder- |
on said he would like to hear that |
art of the evidence, whereupon Presi-
emit Burdick asked the secretary to
all the roll.
Chair Was Sustained.
On roll call. the chair was sustained I
" vote OF "a to Ii. Those SUPPORT
ng the president were Senators AL /
IN, Bessessen, Cashel, Davis, Duis. /
'lken, Ellingson, GanssIe, Garden.
Kretschmar, Mcdowell, over /
on, Plain, Putnam, Steel OF stutsman,
teele of Renville, Talcott, Turner,
UaI1in WaI+nu yvh{@0hn,. xxyt1lsn -. L