The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-22
COWAN CASE
ADJOURNED
cnotinued From page one.

/ Cnotinued From Page One.
yesterday morning, President Burdick
still maintained his previous ruling.
However, during the afternoon, Coun-
selor Cuthbert again brought UP the
question and cited other authorities,
and the code in which he commended
sustained his point.
! The question involved was whether
a conversation between Mr.. Morrison
and Mr.. Brennan at any time during
the last two years. but which was re-
ferred to and brought out in the testi-
mony offered by Mr.. Brennan as a wit
ness, could be now used by this wit
ness to impeach Mr.. Brennan. The
prosecution had contended that it was
too vague and indefinite and that the
proper foundation had not been laid
at the time of the cross examination,
showing the carelessness Of the counsel
for the respondent.
Counselor Cuthbert showed that the
! assailed witness always understood the
conversation referred to, and again
submitted the proposition to the con-
sideration of President Burdick and
the senate. The president said that
his previous ruling would prevail just
! the same, but that IL the senate wish
ed to hear the evidence, it could so
rule.
Senator Stevens demanded a roll
call, and by a vote OF "a TO 10 it was
decided TO hear the evidence to be of
fered by Representative Morrison.
Senator Duis was called to the chair
at that time and overruled subsequent
objections along the same line.
/ The vote, by which the defense was
1 permitted to Introduce the testimony OF
Mr.. Morrison, comprised Senators Bak-
err, Carter, Davis, Duncan, Elken,
Ganssle, Gronvold, Gunderson, Jacob
son, LaMoure, Linde, Martin, McDon-
aid, Mclean, diversion, Simpson, steele
of Renville, Stevens Taleott, Thore-
son, Trimble, Walton. Welo and WEIGH
/ Voting against the introduction of
the Morrison testimony, for the pur-
pose Of inpeaching Witness Brennan,
were Senators Allen, Bessessen, Cashel
Duis, Garden, johnson, Kretschmar,
Mcdowell, Plain, Steel of Stutsman,
Turner, wallin, Whitcher, williams
and Young.
| Brennan's Sensational Statement.
The testimony of Representative
Morrison, regarding the conversation
he held with Witness Brennan, was by
far the most sensational yet heard dur
ling the trial Mr.. Cuthbert told the
witness that during the examination In
| the trial, Mr.. Brennan testified withYre-
ference to a talk with the Legislator
4 that he a(the editor) had made state
! ments TO him to the affect that three
men in Devils Lake would have to be
| driven out of public life In order to
/ get law and order, and those three
men were p. j. Mcciory, the mayor;
Fred T. Cutheert, the city attorney,
and John Cowan, the judge of the Sec
ond judicial district, and he wanted Ia
know if Mr. Brennan had ever made
such a statement to Mr. Morrison.
mo SIR said Mr.. Morrison, che
i did not make that statement.
/ You may state what he did say
4 said Mr.. Cuthbert
George A. Bangs objected to the
question as Irrelevant and imnaterial
and that there was no foundation laid
for it. Senator Duis was in the chair
at the moment and said that 1t came
within the ruling of the senate and
the vote just taken, so he overruled
the objection and permitted the wit
ness to proceed.
HE said" said Mr.. Morrison, 1--WE
are after Cowan and we are going to
disqualify him and disbar him, ana
we are going to drive the -------
out Of the state"
/ I'm that same conversation" said
Counselor Cuthbert. "did he state any
thing further with reference to Judge
/ Cowan?'
"He did," replied Mr.. Morrison, "He
said, If he done to me what he did to
my father, / would take club and hit
him over the head"
/ 1t developed that the representative
and the editor Of The Devils Lake In
ter Ocean were standing in the lobby
OF the capitol building between the leg
islative chambers, last February, when
the proceedings were on in the house
to vote for the impeachment of Judge
Cowan
Hard Cross Examination,
George Bangs put the representative
through hard row of sprouts, but the
witness was able to stand up under
the fierce verbal onslaught Mr.. Nor
rison denied that he approached Mr..
Brennan or that he started any con-
versation which provoked the remark
or that Brennan had accused him Of
being hypnotized by the Judge.
He admitted being a stalwart. but
further denied that he ever said to the
editor that he knew some men who
were stalwarts who were opposed to
the law enforcement, and at the same
time name them. and he stated he
never told Brennan that he personally
was opposed to the enforcement OF the
law.
Eat that time" said George Bangs
didn't Mr.. Brennan continue and tel
you that in conversation he had with
i Mr.. Cowan, that Mr.. Cowan said to
him with sundry oaths and other re-
marks, that Dan Brennan would be