The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
.HOWLING
FOR DELAY
Continued From Page one.

date for states attorney, for one day
during the last general election.
Aside from the numerous other
startling statements made by Mr.
Bassford, this announcement caused
quite q ripple in the senate chamber
and all cars were strained to catch
every word Of the witness.
Counselor SinkTer of the prosecution
CID notsbring much contradictory evi
cence from Witness Bassford. whose
testimony was the chief subject OF
conversation in the corridors of the
capitol during the fifteen minute re-
cess about 4 o'clock.
When pusgan and Flynn Called.
The incident cited in the testimony
OF Atty. Fred Duggan of Grand Forks
and Atty. Ed Flynn of Devils Lake,
which was substantially the same IN
substance, relating to the time when
Mr.. Duggan said he called on Judge
Cowan at late hour at the Wander
hoof hotel in Devils Lake and the
three repaired to an upper chamber in
the hosiery to discuss a motion which
the Grand Forks had to present the
next day before him, was the first
specification taken up by Counselor
Cuthbert Immediately after the senate
resumed the hearing Of the case.
Jim Stinson Of Devils Lake, engaged
in the plumbing business in the sa-
tanic city and before that a foreman
of boilermaIers in the employ of the
Great Northern railroad, was called
to the stand in regard to that speci-
| fication. The witness stated he had
known the accused for a period Of
about twenty-four years, and that he
was in the Vanderhoof hotel on the
occasion metioned by Attorneys Dug
gan and Flynn.
According to his story of the Incl
dent, he was passing along the hall
| looking for a friend In one of the
rooms of the hotel. Hearing voices
in the room in which the accused 1ur-
ist and the two attorneys were, he
opened the door on the supposition
that 1t was his friends room.
| When he saw Judge Cowan, Mr..
| Duggan and Mr.. Flynn within, he
asked them TO pardon his intrusion and
started to back out. Judge Cowan. he
said, told him to sit down, and when
the party left, they all went out to-
gether. He said that all three men
were talking over some law matters.
with which he didn't concern himself
particularly as he didn't know much
about it.
The witness said that Judge Cowan
was asking to see the attorneys on
the other side of the case before coin
Gliding with the statements of either
of the other two men. Finally an
agreement was made between them
| that they would meet in the morn
ing.
Said Judge Was Sober.
In reference to the time OF night
which the interview took place the
witness said II was between sometime
between $3.50 and $3.50 o'clock In the
evening.
Whe asked anything had been
said 10 him about Judge Cowan ask
ing for a drink, the witness shook his
head and laughing refuted the state
ment. saying that he didn't recall
anything about anyone asking for a
drink. Further than this he said that
Judge Cowan was perfectly sober on
that occasion.
Just as sober as he is now?" ask
ed Counselor Cuthbert. ''He was Just
as sober then as he is now" answered
the witness. There was no cross -ex-
animation on the part of the prosecU-
ton.
Sober on Election Day.
]. r. Roller of Devils Lake, bust
ness man Of that city. and formerly
In the automobile and grain business
at Webster between the years of 1902
and 1908, was the next witness, His
testimony was brief and there was no
cross examination.
Mr. Roller was asked II he had any
interest in either The Devils Lake
World or one OF Judge Cowan's polIti-
cal war horses, which he denied. So
far as his testimony went ne simply
stated he had seen the accused on
election day last November several
times and that Judge Cowan was per-
fectly sober
Next called was A. M. Yverson. but
A. P. Blonde of Devils Lake was put
on instead.
Wrote Check for kerIIn.
Mr. Blonde engaged in the Job print
ing department OF The Devils Lake
World, testified in regard to the bet
ting incident between Judge Cowan
and A. 3. Kerlin in Bells drug store
last election day. reference to which
has already been made by Judge Cow
an IN his opening address and by Wit
ness Mullough of the prosecution.
The witness stated he had known
i Judge cowan for period of about
seven years, that he saw him several
times on election day and was a by
stander on the sidewalk In front OF
the drug store when the bet was made
between Mr.. KerIin and him.
/ When the two principals of the az
fair went inside the store TO transact
the final negotiations OF the bet. he
followed them in. saw Judge Cowan
take out his check book and hand the
check to Mr. Kerlin after it had been
written. Though he did not witness
the actual writing Of the check, as
| the Judge stood with his back to him,
he saw him remove his pen from his
pocket, go that he felt sure that was
what he was doing.
Counselor Cuthbert asked the witness
/ if Judge Cowan's actions that day in
any way indicated that he was In
toxicated, and Mr.. Blonde stated that
he acted perfectly sober Then In an
swer TO further inquiry on the subject,
he said there was one thing at the time,
which made him think he might have
had drink, as he turned around and
asked the name Of the man he bet
with.
Mr. Blonde said this idea was later
removed from his mind when Mr.. Ker-
in told him the Judge referred to an
other man, a stranger to him, Mr..
Fink with whom he had also rfaadA a