The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-06
CONTROVERSY GOES OVER
0TAE FINAL ARGUMENTS
Point of Defense Is That the Delay.
ing Of Decisions in Cases Does Not
Within Itself Constitute an Impeach.
able Onense Under the Law.
III n paulson

with $16 day for expenses. =.
r. Sinkler, associate counsel, was
allowed $50 per day. q
sss = = = = = = = = . =
Bismarck. N. D., April 6.-Evidence
on the charges that Judge Cowan has
delayed decisions in cases is being
taken by the court Of impeachment,
that question being settled at the op-
ening of the morning session when
the respondents attorney, Tracy r.
Bangs, made brief statement to the
court in which he stated that the de-
fendant only made formal objection
as to whether or not the facts charged
with reference to the delayed cases
constituted an impeachable offense,
and that he was prepared to go ahead
with the introduction of evidence by
the prosecution on that point.
The statement of Tracy Bangs,
causing somewhat Of sensation, was
followed Immediately by a statement
from Senator Leslie Simpson of Stark
county that In his opinion the charges
on delayed cases did not allege facts
sufficient to impeach and did not war
rant the senate in acting, and that
he himself would have something to
say on that score when the time came.
These two statements brought forth
from Counsel George Bangs of the
prosecution a rather heated address.
He declared that in his opinion the
rules laid down in the statutes and
the rules Of ordinary court procedure
would prevail, and contended that the
accused could not plead to a court
that the charges themselves were In
sufficient and thus secure an acquittal
on those charges and throw the
blame upon the lower house. He did
not believe that 1t would be proper
to proceed with the taking of evidence
and then have the entire charge
thrown out on the basis of a techni-
cality and did not believe that coun-
sci for defendant should be allowed
in the final argument to make plea
on the ground that the pleadings were
insufficient. The time for the settle
ment of such question, in his opinion,
was the present. The board of man
ayers, he declared, would not stand
for such procedure. When the defend
ant made his plea of not guilty George
Bangs declared that every material
allegation of the articles of impeach-
ment was placed in issue, and he
contended that the defendant had
waived any further right to object
on the sufficiency of the pleadings,
quoting from the address made sew
eral days ago by Tracy Bangs. He
did not believe that it was for the
senate to proceed with the evidence
and not consider the question of guilt,
but rather question of technicality.
At this point Senator Simpson de-
clared that regardless of any waivor
that might have been made, that he
himself would not be bound by the
construction placed upon the matter
by counsel for either side.
George Bangs then continued by
stating that his argument on this
point was directed at those who had
not already made up their minds on
the question. If the senator, referr-
ing to Simpson, wanted to do right,
George Bangs declared that If the
proof was sufficient to show guilt, that
he would amend the articles of i'm
peachment or pleadings In such a
manner as to make them fit. He
closed by urging an immediate set
tlement of the question Of whether or
not the suf11ciency of the pleadings
should enter into final arguments.
Tracy Bangs. replying stated that
he had never dreamed that there was
so much venom in the prosecution.
Even If the accused came before the
senate and said, II have done some
things charged under the articles of
impeachment" he did not believe the
senate would impeach should such
things admitted to be true not con-
stitute an impeachable offense. He
said that at the opening Of the trial
he had entered an objection to the
sufficiency of the articles Of impeach-
ment In their entirety and that he de-
murred to certain portions of the ar
ticles after objection to the entire. ar
ticles had been overruled by unani-
nous vote. The point to which he Of
fered objection. he said, was that the
evidence relating to the delayed cases
would not show an impeachable Of
fense committed, and his argument,
he said, would be based on that the
ory. Tracy Bangs also said that
counsel for the prosecution had
jumped on the accused, his counsel,