The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-13
COWAN MAKES
THE OPENING
STATEMENT
Declares He Will Meet Every
Material Charge Made By
the Prosecution

INDICATES SOME Of The
. EVIDENCE TO Be PRODUCED
Specifies Many of the Particular Cases
in Which the Evidence viii Contra.
dict Prosecuting Witnesses-rndi.
cates Malice Of Certain Witnesses.
Bismarck, N. D., April 13-For the
first time since he was made the CEN
trail figure in the present impeach-
ment case. Judge John F. Cowan, now
on trial before the senate on articles
Of impeachment presented by the
house Of representatives, had the op-
portunity Of defending himself
against charges of drunkenness,
crimes, corrupt conduct, malfeasance
and nonfeasance in office that were
lodged against him. This opportun-
ity came this morning when he made
the opening statement for the defense
and for nearly three hours he held
the attention Of the court and the
crowded galleries and foyers. 1t is
case Of no ordinary nature, he said,
but one in which momentous conse-
quences must be suffered in the event
of conviction. It is strictly and pure
ly criminal in every sense and is
recognized by all persons who are
familiar with the law and who are
recognized as authority on the ques-
tion. Impeachment, he said, was an
act not far removed from the days Of
barbarism and in the accused's opin-
ion, this is the first and last case
North Dakota will ever have, pre-
dieting that when full history Of
this action is written, that the peo-
pie Of the state would rise and de-
mand change in the constitution,
eliminating the procedure Ninety
nine out Of q hundred impeachments
are due to political movements and
such is the case here. He was not
impeached by cool, calm delibera-
tive body, as q grand jury should be.
he declared. He likened the house
Of representatives to grand jury.
He said it was carried from it's feet
by carefully manufactured news and
indignation meetings at four points
brought on by preconceived motives.
His faith in the senate he said, was
full and complete and he did not be-
lieve public sentiment, which he said
was even now being worked in an
effort to convict in much the same
manner that 1t was aroused during
the previous session would be allow
ed to stand in the way of justice be-
ing done.
On the question of why he should
fight the case, SO often asked of him
Cowan declared that it was a fight
for his honor, for his wife, his two
boys and his two girls, and for their
sake he would fight to the last ditch
No matter what may be the result oi
this trial, he will believe himself al.
ways in the. right. II have faith In
the senate" said Judge Cowan, 'and
will ask you to Judge me as man
laying aside personal prejudice, per.
sonal spite and political motives"
The first charge, that of habitua,
drunkenness, was passed over rapid
ly, Cowan Offering himself as exhibit
one to disprove that charge. He ther
took up the specifications under the
second charge, numbering eighteen
which he characterized as STANDARD
drunks'' and following with unspeci
ned drunks. The charge that he hat
been intoxicated, in Rugby June IL
1910, would be met with evidenc,
showing that the witnesses testifynl
for the prosecution were mistaken
The prosecution contended that b.
was drunk that day in the hotel, OF
the streets and in the court room
The evidence for the defense would
show that he had retired to room
the evening before. being exceedingl!
hot, that he laid restless upon tn,
bed for many hours. Hearing groan,
from another room and investigating
he found friend who was i'll, fol
whom he called physician and witt
whom he remained the rest of tn,
night, going to the court room at 9:3(
had slept in the court room woult
be .disproved by the evidence show
ing that it was habit with him to 81
for long periods In the court room
with his eyes closed in order to res
them. He admitted that there has
been times when he believed the sen
ate would admit that there had beer
just provocation for sleeping. refer
Ing to some of the attorneys that hat
tried cases before him. On th'
charge that he had been drunk dur
Ag the trial of the Slavens case ii
Rugby during January, 1910. he salt
witnesses would be produced VIII
would be able to refute such evidence
without any modification. one Q