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A. I did.
A. Absolutely so. A. I do very distinctly. Q. What kind of a day was it? A. I do. A. Yes. A. I do. FROM EVIDENCE GIVEN BY E. J. PUDA (Continued from page 3.) A. Yes, Judge Cowan turned me down on my motion and we went ahead with the trial before a jury.. Q. Did Judge Cowan preside during all of that day? A. Yes, sir. Q. Were you in court during all of the time that trial was in progress that day? A. I was, 1 was the only counsel in the case that took an active part. Q. You .nay also state whether you saw Judge Cowan at the hotel that day? Q. During the noon hour? A. 1 have no independent recollection, but surely I did because we •walked to the court house together. Q. You saw him on the street and in the court house that day? 1 did in the court house, but I have no independent recollection on the street except when I walked down from the hotel to the court house. Q. You may state Judge Palda, whether Judge Cowan at that time, and at any time during that day was in any manner under the influence of intoxicating liquors. A. He was not to my best judgment, I didn't see him take a drink and I didn't notice anything. Q. Did you see anything about his actions or conduct that would indi cate that he was intoxicated? A. No. Q. Then it is your judgment and opinion that he was not? Q. Do you remember what was done that night? Q. He also had cabbages? A. My recollection is we worked that night: I couldn't swear posi tively, but we worked one or two nights until 11 o'clock, and I don't know whether it was the first night we were there or the second night. Q. Do you remember taking an automobile trip? A. Yes, sir. We took a trip out to Brynjolfson's potato patch. He had a large patch and he wanted to show us how he planted his potatoes and treated them and his system and everything else. A. Yes, sir. Q. You haven't any independent recollection by which you can fix that particular night? A. No, but it was either Friday or Saturday, but it seems t" me that it was Friday night but I wouldn't be positive as to that. Q. Were there any indications there on that occasion from your con versation with Judge Cowan during any of the time that you observed him, during the time he was holding court there on Friday, Stturday and Monday either in the courthouse, hotel' or elsewhere of nis being under the influence of intoxicating liquors to any degree? A. There was not. Q. Do you remember what kind of a day the first day of the ter.n was as to being warm or cold? A. It was extremely hot and sultry in the court room and particularly so because we had no ventilation there. Q. What was done by the attorneys and jurors a.vJ others in the court room? A. One of the jurors sitting along nearest to spoke about how disagreeable it was and I got up and made a request about ten or eleven o'clock in the morning that we be allowed to take our coits off and the request was granted and everybody took their coats off except the judge and we did business in our shirt sleeves. Q. There was some testimony in this case to the effect that on, the afternoon of that day Judge Cowan went to sleep on the bench I will ask you to state to the Senate, if you please, any rjrohection that you have of that occurrence. A. I have a recollection that in the afternoon Mr. Rex and I got into an argument over the laying of a foundation for'certain testimony, and Mr. Rex asked a question and I objected to it, and Mr. Rex proposed that he would send Mr. Scotland down to get some books to lay the founda tion, and I withdrew the objection, and if I remember right Judge Cowan then had his head on his hands or arms and he asked what the question was and I informed him that I had withdrawn the objection. I know this transpired there either before Mr.. Scotland get back with the books or just after that Judge Cowan asked what the question was. The incident didn't fix itself on my mind and I wouldn't hare remembered it now hadn't it been that Mr. Scotland had remcmbe.ed it, and reading some testimony given by Mr. Rex. I didn't charge my mind with it or memory. Q. It was so insignificant that it didn't impress iti'j.f upon your mind at all A. Not a bit. I remember, however, this question an-i Mr Rex send ing Mr. Scotland out to get his books to lay a foundation 'ft question. Q. Would you have any idea as to about how long a time he might have had his head on his hands? A. It might have been a minute or two. I can't plac» whether it was before Scotland went or after he came back, but the trill stopped while Scotland was away. Q. There has been some testimony in this case on the pvt of Mr. Camp bell that at that time there was some discussion back and forth across the table as to who dare to beard the lion in his den, referring to who would have the temerity to awake the judge was there anthing of that kind? A. No, Campbell might have had that in his head, but there was nothing of that kind happened there at •all. Q. Leaving the Rugby incident for a time I will call your £(11611(1011 to the fact that there has been testimony introduced in-this case relative to one Sunday in Minot, it is an unspecified case testified to by Mt. Kelso you know Mr. Kelso of Minot? Q. He was at one time associated with you in the practice of law? A. He was employed by me. Q. And his name appeared as a member of the firm? Q. Do you remember of Judge Cowan being in Minot some time in the fall of 1910 along about October? Q. And on a Sunday? A. Yes, sir. Q. Of Sunday? A. Yes, sir. Q. Where did you first see him? A. At Judge Murray's office. A. About that or a little* after. BISMABOK DAILY TRIfiUNB *Q. When did you first see Judge Cowan on that occasion? A. About 10:30 or 11 o'clock in the morning. Q. Judge .Murray is the municipal judge in Minot? A. Police Magistrate and justice of the peace. Q. What was Judge Cowan's condition at that time as to being sober or intoxicated? A. Absolutely sober. Q. Was there anything about his condition or conversation to indicate to you that he was in any manner, to indicate that he was under the in fluence of liquor? A. No, sir. Judge Murray telephoned to my house, I had just returned the night before from over the Great Northern, and about half past nine or ten o'clock the next morning Judge Murray telephoned to my house and said Judge Cowan was in town and wanted to see me, and I got up and dressed and went up to Judge Murray's office where Judge Murray and Mr. Cowan and two or three others were sitting in there talking. This was about half past ten or eleven o'clock. Q. Was anything had to drink at that place? A. Nothing that I saw. Q. Then what did Judge Cowan do, if you know? A. We talked for some time and he told me that he had a young man with him that wanted to buy his farm, or some farm he had some interest in, and he told me* the young man was from Michigan and he didn't know about this country, and wanted a farm for .his father-in-law or father, and I suggested that if he wanted to know about a farm I get my automobile and show him a farm that was a farm, and he said that would be a good idea, and I went down and got my automobile and came back to Judge Murray's office and Judge Cowan got in and we drove to the hotel and got this young man. I don't know his name, but we took him out to Slocumb's farm and to a Bohemian's farm that had a fine farm and who came there some seven or eight years before that without a cent, and I tried to impress upon the young man to have his father-in-law come to North Dakota, that this was the only place to live. Q. You drove out to this farm? A. Yes, sir. Q. When did you return to Minot? A. About three or three-thirty that afternoon. Q. On that trip was anything had to drink? A. No, not a thing. We got out to Slocumb's farm and they had a variety of high bred stock, from chickens to Belgian hares and cattle, and Judge Cowan became interested in some Berkshire hogs and they were talking about whether they would bred well with Polan Chinas, and they talked quite awhile. Q. Judge Cowan seemed to be quite a farmer? A. I thought so, some of it might haye been bluff. Q. They came back about 3 o'clock to Minot? Q. When you got to Minot, where did you go? A. To my office. Q. Who went there? A. Yes. A. Six pints. A. Judge Cowan and this gentleman he had with him and myself, and we found there Mr. Burke and Mr. Johnson. Q. Was there any beer gotten? Q. Do you remember who got the beer? A. No, I don't remember, it was either Johnson or Burke. Q. How much beer was obtained at that time? Q. Was any portion of the beer drank? A. Yes, we drank a pint apiece. Q. How many drank a pint apiece? A. Yes, sir. A. No, sir. A. Four, there were two pints there the next morning. Q. There were four pints of beer drank at that time? Q. Was anything intoxicating drank there at that time? Q. About then what did you do? A. About that time Judge Burr came up, it seems that Judge Murray had got Judge Cowan to stay over from train No. 6 to take No. 2, to talk with him, and Judge Murray came up and informed Judge Cowan that the train left at 4:10 or 4:30 and that we had no time to spare and he went to the hotel to get the judge's grip, no I think Judge Cowan had his grip at Murray's office, anyway he went and got it and he put it in the automo bile and the four of us went to the Great Northern depot, and when we got there we found the train was an hour late or so, and instead of stay ing there we went out and looked at a nursery that I had started, we went out there and drove around on the south hill and went back to the depot and had a lunch. Q. There is a restaurant there? Q. All connected? A. Yes, sir. Q. Did Kelso come back? A. The Great Northern Lunch counter, and while we Were there eating our lunch the train pulled in and we stood on the platform talking and Judge Cowan got on the train when it was in motion. Q. While you were in this office of Mr. Burke's which I believe joins your office? A. Yes, he has one room and I have the three rooms around him. Q. While you were in this office, and at the time these six pints of beer or bottles were there did this young man, Kelso, who was working for you come into the room A. Yes, sir. Q. When he first came into the room what did he do? A. He came into the room and saw us there and walked out into the main office, and Judge Cowan asked me who it was and I told him it was a young fellow who had ,come up from South Dakota, that was in the office. A. Yes, and I introduced him to Mr. Cowan. seamum A. Two. Q. Was anything said to him by Judge Cowan at that time? A. They talked for a minute or two, I didn't pay any attention to it. I saw Mr. Kelso's testimony and what Kelso said about Cowan telling him he would give him a square deal in his district was possibly correct. Q. Was there anything about it that impressed itself on your mind? A. No, sir. Q. Was there anything on thafday from the time you first met Judge Cowan until he -left on that train that indicated to you that he was under the influence of intoxicating liquor? A. Not a thing. Q. What is your testimony as to his condition during that day? A. He was absolutely sober because there wasn't anything to drink. Mr. George A. Bangs: That wasn't the only reason? A. Perhaps not,, but that was one of the particular reasons. Mr. Tracy R. Bangs: That was a very potent reason. Q. I will now call your attention to another unspecified incident that has been testified to by D. C. Greenleaf as occurring at the stock yards near Minot in August, 1909. Do you know where the stock yards are and where they were in August, 1909 at or near Minot? A. I do. Q. Did you see Judge Cowan there at these stock yards in 1909? A. I did. Q. How many days of sale of horses took place at that stock yard? Q. Was there quite a large bunch of horses there? Q. About when A. About 500 if I- remember right there were a few more brought in Mr. Carroll had about 500 and the other fellow got in a few more. Q. What day of the sale were you present? A. The second day. Q. And at what time of that day did you first see Judge Cowan? A. I came in on the noon train and went to the stock yards immediately ahout 1 or 2 I should say. A. Half past one or two, somewhere about that hour. Q. How soon after you reached there, the stock yards, did you see Cowan? A. As soon as I couldfindhim. Q, How far are the stock yards front Minot? A.. Two and a half or three miles. Q. How long did you remain there? Q. What time was that? A. Until the sale was completed and we checked up LI was attorney for Mr. Carroll at that time. A. Between 6 and 7, perhaps a little later. Q. You may state whether or not you were with Judge Cowan the most of that afternoon. A. All the afternoon after I got there. Q. Did you see what he was doing there? A. Yes, sir. Q. What was he doing? A. In the first place he was walking along the top of the corral very angry because he claimed that Carroll and Hubbard had mixed up a car load of horses that he had bought very cheap with some other horses they had bought in themselves and resold either 4 or 6 grey mares that he had bought, and I walked around with him and we finally found the grey mares, and it seems a young man had bought these 4 or 6 grey mares and he told me about the incident, and I conferred with Judge Cowan and said the best thing we can do is to go back and see Carroll and Hubbard and make them make it right. Q. He was walking around the corral. What is that? A. They had a high fence there, probably eight feet high, perhaps not quite that high, and I don't remember whether it was aboard on top of it, is is made of two-inch boards ten inches wide, and as I remember it has aboard on top of it, a two-inch board ten inches wide, and he was walking around on that corral looking for those horses that he claimed belonged to his car load. Q. You were wjth him all that afternoon? A. Yes. A/ Absolutely sober. Q. State to the Senate what was his condition at that time as to being sober or under the influence of liquor? Q. Was there anything either in his actions or talk, or even the smell of his breath that would indicate that he had had any liquor? A. I didn't try to smell his breath, but his actions were proper, except that he was a little mad about losing these horses, he claimed he lost $25.00 ahead on these horses. Q. That he had bought that day and they had mixed up in the bunch? A.. Yes. We sat there, Senator Kennedy, Governor Burdick, Cowan and myself sat on the water trough, and Mr. Burdick was helping him buy a Cayuse pony, told me about a spavin he had that I didn't see. Q. You bid on the spavin pony? A. Yes, but I quit when I got up to $13.00. We stayed there all afternoon until the sale closed. I rode back, I think with Scofield in a buggy and Mr. Cowan *and the rest of them I think rode back in an auto mobile. Mr. Burdick was there checking over some of the purchases he had made with the clerk. He bought some Cayuse ponies that had colts and there was some disagreement as to how many colts there were, I think there was two or three more than there should be. Q. But there were no signs of intoxication that afternoon at all? A. No, I didn't see any, and I didn't see any signs of intoxication during the sale. Cross examination by George A. Bangs: A. I think so. Q. There are three instances, if I understand your testimony correctly, Judge Balda, to which you .testified last the stock yards incident, next before the'"Kelso incident, and first the Rugby incident these are the three things you testified to concerning? Q. These were three incidents when you saw Judge Cowan sober? Mr. Tracy R. Bangs: I object to that question as an unfair insinuation. Mr. George A. Bangs: I will withdraw it, I wouldn't for the world lay any foundation for anything unfair, not even a slight insinuation. (Continued on page 7.) Monday, April 17, 1011. Professional and Business Directory !«»*»*»**«.* Andrew Miller W. P. CoateBoi MILLER C08TELLO Attorneys at Law. City National Bank Building BISMARCK, N. D. ALEX 8CHUTT. Dentist. Office, Webb and Cook Block. Phone 250. THE BURLEIGH COUNTY AB STRACT CO. Legal Abstracters for Burleigh County. Under Bond of 910,000 CITY NATIONAL BANK ILK. FRANK FEENEY. General Insurance. CITY NATIONAL BANK BLK. 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