Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-06-12

When the court re-opened on We'd
nesday afternoon Judge Bach made
n motion that the county attorney
deliver the minutes of the grand jury
which he had in his possession to the
defense, to be used by them for the
purpose OF cross examination. This
proceeding was objected to by the
counsel for the state and after due
consideration the court overruled
the motion.
The examination OF Joe Lock was
again commenced by the state and
the witness said that he and Frank
Lewis crossed the creek on the 9th OF
March and saw the trail OF man
who had, by the appearance OF the
track, been running toward the Ju-
dith and went up the creek to where
the horse was tied at the Bauley
ford. The witness was here taken
by the defense who, by asking him
confusing questions, got him a little
mixed, but on getting used to the
rapid fire OF interrogations, the wit
ness corroborated his former testi-
mony. He stated that the tracks
came from the ford on the Judith
opposite Bauley's ranch and went to
the point OF brush where he and
HartzeIl were chopping, and from
there came back In the direction OF
Warm Spring creek, crossing over
from there to the foot log opposite
the Hartzell ranch. The witness
said he found two heel prints between
the horse and the creek and Oncross-
ing the creek found tracks which pro-
ceeded directly to the small cotton
wood tree where the horse was tied
at the Bauley ford. On being cross
examined he said he first saw the
bullet hole In the window at nine
O'Clock in the evening and was
rather uncertain as to whether the
moon was shining or not. The wit
ness was subjected to a severe cross
examination which failed to- mater
tally damage his testimony.
Under-Sheriff Slater was then
called and said that he had proceeded
to the Hartzell ranch on March 1lth
according to orders from the court.
He met Frank Sample on the way
there and on his arrival found j.
Aubry, w. Moore, Ed Silverthorn
and Others. He made a thorough
exa mination of the premises and
found heel tracks between the foot
log on Warm Spring creek and Hart
zell's house, which looked as though
some one had slipped and jumped or
made series Of jumps toward the
foot log from the house. The wit
ness said that before his arrival the
tracks leading from the foot log on
Spring creek to the brush on the Ju-
dith and from there to the Bauley
ford where the horse had been tied
had been staked by the neighbors as
had also the tracks leading from the
Bauley ford to the point OF brush
where the chopping had been done.
The tracks he said went down Warm
Spring creek to the Judith and took
the gravel bar to the left Of the road
which went down the river directly
to the small bush or cottonwood
tree to which the horse had been tied.
From there a double set OF tracks
near to the woodpile where Hartzell
and Lock had been chopping, showed
that someone had gone In that d.
rection and returned to the ford, from
where the tracks first proceed In the |
direction of the Hartzell ranch. At
the small cottonwood tree to which |
the horse had been tied there was a
plain imprint OF the butt OF a gun In
the sandy soil. The under-sheriff |
said he saw Bauley and talked with
him about the 1lth OF March at his
ranch where he was digging post
holes to the west of the house. Dur
Ing the conversation Slater told him Il