The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-20

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again resumed, with Judge P. j. Nc
Glory, mayor Of Devils Lake, again
on the stand.
The testimony of both Mr.. Cuth-
bert and Judge McClory during the
afternoon was dry and monotonous,
being largely a repetition of what has
already been brought out in the cross
examination of the witness of the
prosecution in the delayed cases.
The cases cited in the testimony
Of Judge McCIory were those of Nc
Kee VS.. Haley, Arnold VS.. Nelson,
Duffy VS.. Egeland.
Refutes Hancock's Story,
In regard to the hearing Of the
Duffy case, brought out in one of the
drunkenness charges through the testi-
mony OF George Hancock Of Fargo,
who said Judge Cowan was "driveling
drunk on the bench" Judge McClory's
story absolutely refuted the allega-
| ton.
He said on that occasion Judge
Cowan was not drunk. On the cross
examination, during which George A.
Bangs went into considerable detail
history of certain incidents in Devils
Lake which proved exceedingly unin-
teresting to all except those from that
section of the country.
Just before the recess. President
Burdick whimsicalIy announced that
as Mr. McClory took the stand
the senate would then have
| the pleasure of listening to the 'sec-
ond volume of the history of the early
settlement Of Devils Lake."
There was considerable laughter at
this, for Counselor George A. Bangs in
his cross examination Of Mr.. Cuthbert
had probed every affair in Devils
Lake almost since the time OF the
founding of the satanic city.
Thought cowan Had Drink.
That there has been no effort on the
part Of the defense to conceal anything
from the senate or the public in regard
to the facts that Judge Cowan takes
an occasional drink, was evidenced
yesterday by both the respondents
counsel, Judge McClory and Mr.. Cuth-
bert. while they were under oath on
the stand.
Mr.. Cuthbert admitted in the morn
Ing that he thought Judge Cowan had
taken two or three drinks during the
noon recess of certain case in which
he himself appeared as one of the at
torneys. Yesterday afternoon Judge
McClory stated to Counselor George
A. Bangs, in answer to one Of his
questions, that he thought during the
proceedings of the Mckee Haley trial,
Judge Cowan appeared to have had a
drink. He Immediately testified that
he in no ways looked, talked walked
or acted as though he was under the
influence of liquor.
He was not incapacitated at ALL
said Judge McClory. Then he stated
to the counsel for the defense, that
there was not a thing to lead him
to think Judge Cowan had taken
drink during the noon hour, except
that his face was little ruddier than
usual, but he was prompt on his rul-
ings and talked the usual way and his
| general department was Just the same
as on any ordinary OCCASION
Didn't Remember Betting.
Martin Topness Of Rugby was the
next witness called to testify in regard
to an incident in the Slaven trial. Mr.
Topness had already been on the stand
in reference to another drunkenness
incident.
| He was juror in the Slaven action.
and his testimony was entirely cor
roborative of what has already been
heard on that instance. On cross-ex-
animation he denied that there was
anything unusual about the proceeding
and said that he did not recall at any
time when the attorneys in the case
made any wager or drew out their
purses on the table in the courtroom
4 while the Judge was asleep.
/ This was brought out by the prosecu-
1 cution before, but Mr.. Topness said
there was nothing unusual about the
whole trial and could not recall such
an incident as betting among the at
torneys.
The last witness Of the afternoon
was r. A, Stewart Of Minnewaukon
who testified in regard to the delayed
case entitled Zion VS., O'Connell.
Homes Of the board Of managers
made his appearance at the table for
the prosecution yesterday afternoon.
Mr.. Norheim who has also been away
for a couple Of days returned in the
morning.
Special on Easter photos at Pitseh
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