The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1911-04-14
I'IlECOWAN Case
THIRD WEEK or PROCEEDINGS
DEFENSE WILL NOW HAVE
It's INNING.
WITNESSES FOR DEFENSE.
Persecution Has Occupied Two Weeks
and Heard Many Witnesses
Defense to Occupy Con.
siderable Time.
Wsdnssda y-Eishth Day.

W0on0Soay-el0hth Day.
The main witness of the day was
Scott Rex. the we'll known Grand Forks
attorney. His testimony was serious
and to the effect that he had seen
Judge Cowan in an intoxicated condi-
ton in hotel at Rugby during term
of court. He thought the opening of
court was delayed by his condition and
said the judge did not follow the
course Of the trial, several times in
quiring as to who the parties in liti-
cation were and what the case was
about. He also cited another instance
of seeing the judge drunk.
Other witnesses followed the lines of
those who have so far testified on the
question of drunkenness.
This is the last day of testimony on
this charge.
Thursday-Ninth Day.
A great deal of the time this day was
spent in arguments between counsel
for the prosecution and Senator Simp.
son.
Through his counsel Judge Cowan Of
fered objections to the consideration of
charge on the ground that it was not
an improbable offense. He was sus-
tanned in his objection by Senator
Simpson. Late yesterday the senate
went into executive session to con-
slider the point and the debate was
lively. The records Of the executive
session were ordered kept and pub.
lished.
The witnesses of the day were Mon.
roe Branchfiower and w. G. Samuels
of Devils Lake. Their testimony per.
tanned to the intoXication of the judge
The senate has fixed the pay of the
attorneys in this case and the prose.
cution is allowed $120 per day to di.
vide among it's attorneys and an al
lowance of $50 per day for stenograph
ers.
The attorneys for the defense will
be allowed SO per day.
Friday-Tenth Day.
The prosecution filed an affidavit
that some one was attempting to in.
fluence the testimony of one of it's wit.
nesses and committee was appointed
to investigate the matter.
The prosecution closed it's direc;
testimony this afternoon and the de.
Tense annueonced that it had seventy.
eight witnesses to call. John An.
drews. deputy secretary of state anG
Carl Jorgenson, deputy state auditor
were called to the stand to exhibit the
oath of office subscribed by Judge
Cowan and the vouchers for his salary
Several witnesses were called to the
stand to testify to delayed and unde-
cided cases that were brought before
Judge Cowan for trial. Another wit
ness was called to testify to the charge
of intoxication.
Saturday-Eteventh Day.
At noon today upon the motion OF
Senator Simpson the senate took re-
cess until Monday noon.
The testimony today was upon the
line of delayed and undecided cases
and in some instances the defense was
called upon to produce records and
documents that could not be obtained
by the prosecution.
Attorney Middaugh of Devils Lake
who has considerable practice before
the district court of the district in
which the judge presides, was the prin-
cipal witness of the day and his testi-
mony dealt with cases pending.
Attorney Cuthbert explained to the
court the reason of the delay in one OF
the cases in which he was interested.
Monday-TweIfth Day.
Only thirty-one senators responded
to their names at roll call at 10 o'clock
a. M, and the senate adjourned to 1876
p. m.
The senators We're slow in assem-
bling at 1880. President Burdick eau.
toned members from going to the
stenographers to have their speeches
changed.
f,a wit frt4
gate the report that some one ha6
been tampering with the witnesses
found the charges unfounded.
A. r. Jorgenward of Rugby and 10.
seph Duffy of Rolette county were
witnesses as to the judges intemper-
ance.
Judge Cowan has filed statement
with the senate that he will be clearly
unable to furnish the expenses for the
witnesses needed by the defense and
asked the state to furnish the same.
Observation-Disclosures Day.
The feature Of the day was the re-
fusal Of the senate to grant the request
Of the prosecution to hear evidence
in unspecif1ed cases of delay.
The request was followed by speech
es by the attorneys for both sides and
when the question was called for and
the vote taken it stood "a to 10 and the
request was refused.
Fred Traynor of Devils Lake was
called to the stand to testify regarding
the case Of Cline We Duffy and stated
that the wrong title had been sent the
board Of managers by mistake.
After considerable argument a re-
quest was made to substitute another
case for which the specification was
Intended and this was refused by the
senate by vote Of 10 to II.
Gov. Burke was one of the witnesses
In the delayed cases charged.
!, I...5se