Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-06-05

The trial of G. w. Bauley, who was
charged by the grand jury with the
crime of numbering Frank HartzelI
at the latter's ranch on the night OF
Nav Sth, was called Monday morn
ing. June Bird.
Judge T. G. Bach Of Helena and
Messrs. Cort & Worden appeared for
the defense, while County Attorney
Belden and Rudolf VonTobel con-
Quoted thecase for the state.
The defendant was brought into
court at 10 O'Clock, he taking his sseat
beside counsel. In spite of his incar-
ceration in the county jail the deicn'
dant seemed To be In good health
and spirits. Mrs. Bauley obtained
permission and seated herself beside
the accused. The jury was called
and after being sworn the examina-
tion for cause was commenced and
jurors were rapidly challenged, ow-
ing to conscientious scruple which
existed In the minds of most as to
conviction on entirely ycircumstantial
evidence in n case where the penalty
was death. At three O'Clock Monday
afternoon the regular panel was ex-
hausted and the court ordered fifty
names drawn from local box No. ,,
which was objected to by counsel on
the grounds that it was Impossible
to obtain an impartial jury from
that box owing to the case having
so much notoriety in the vlcihity of
Lewistown. After considerable dis
cussion the jury was drawn from the
body of the county aud court was
adjourned until 10 O'Clock Tuesday
morning.
BY noon the defense had made
three peremptory challenges and the
state one, at which stage the court
adjourned until O'Clock.
At the sixth challenge for the de-
Tense the special panel of fifty names
were exhausted and the court or
dered thirty-fiye more names drawn
from box No. |. Court was then ad-
journed until 5 O'Clock in the even
ing.
Court was in session again mt
s O'Clock and some extra jury ymen
having been obtained, the process of
obtaining u jury was continued.
The defense used it's seventh chnl-
lenge and waived It's eighth. The
fifth and last challenge for the state
was then made which finished the
challenging as the defense waived
their ninth and tenth.
The Jury chosen was a. follows:
Matthias Wanabo, rancher, Lewis
town; A. p. Wclch, ranchrr, CoItun-
wood; +. +. Bowman, rAnchrr Lew
istown; j. W. Luton, LrMi~tuwn;
Goetleib Jcnni, rancher, Lewis
town: John BrnngCr, rluckHau.
Lewistown; j. |. Lrbcrt. butcher,
Lewistown; VIM. Myrrsick, rancher,
CottonwooJ; NJ. {. Wight, rnnrlcr,
Ross Fork; Samuel Cox, ra1chrr.
Lewistown;G Geo. W. Belchrr. rancl"r
Rock Creek; W. Mills, rancher. biica.
Court was in session AT $3.50 thlr
morning and the judge, In addressing
the jury, said that he had decided Ia
allow them to- separate. aud not
leave them in custody Of y ,aiIirf. as
is usual IN trials OF lnI,s importance.
ine county n..torney wished tondd
q, NJ. .Staiiord's namea as witness fpr
the prosecution. Judge Bach "b-
jected on the ground that the indirt-
ment Of n grand jury could not be
amended. Motion was granted by
the court after considerable argu-
ment and was decided by the court
on the grounds that no prejudice -
the defendant would hr creatrd bN
the Introduction Of the witnrss and
that the decision was Sustained In ihr
18th Montana statutes.
Thecounty attorney then addressed