Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-06-05
.BAULEY CASE NOW ON TRIAL
Two Days Consumed in Obtaining Jury Brings Grat-
flying Results--Joe Lock, the Only Eye Wit
ness of the Killing of HartzelI, the
First Witness.

the jury on behalf OF the state and
outlined the evidence which would
he offered by the state in he ease.
Surveyor Stafford was introduced
as witness for the state To identify
plat of the Baulcy ana Hartzell
ranches which he had drawn up.
Joe Lock, who was present at the
time OF the killing, was then put on
the stand as witness for the state,
He had lived mt the lIartzelI ranch
for six weeks before the killing,
alone with IIartzell, whose wife and
children were in Lewistown.
On the Sth OF March he and Hart
zpll were engaged in cutting wood ON
the Judith river n half mile north
west OF the lIartzcll ranch on the
east side Of the river.
Here he was subjected to a cross
examination 10y counsel for the pur-
pose oi Identifying plat which had
been subinittedb by Surveyor stafford.
During this examination counsel for
the defense objected to leading ques-
tions being asked the witness and
there ensued an alteration between
counsel which was only stopped
by the court threatening to impose
fine for contempt.
The witness continued. and said
hat he aud Hartzell went - the
house about six O'Clock and prepared
and ate supper and aiterward sat
smoking; the witness said he was
lying ON the bed when Hartzell got
up, fetched n sack of beans and seat
ing himself at the table, was picking
them over, when he (LOck) arose
from the he'd to put some water on
the stove for cooking purposes, and
it was while passing between Hart
zplI and the table, on his way to the
stove, that he heard Il shot fired.
"IIartzrlIimmediatrly said "Who
done that? Blow out thelight! Blow
out the light" The witness said he
blew out the light and went to the
head OF the bed. At that moment
Hartzell said, II am killed." and
rceled of the chair To the floor.
Lock said h stayed in the house
nll night, being afraid of being shotif
he yentured outside, and the next
al about $50 he went to
Theodore Hogcland's, II mile and a
half up the creek, and told him of the
Killing.
The witness said that the shot |
was fired from the west window and |
Irrw a ,linarAm uf the room to show |
n what position H. and Hartzell
were ia M the time the shot was
tired. lie mentioned that he had
taken II bullet from a log in the OPP
pusitr wall ri the room la which he
lnd lIartznll were sitting, from II
spot viii IA was IN direct line with |
he hulr In the window and the
vound In Hnr'zrll's body, The wit
lrss said that he, j. Aubury and
Frank Samples went To where Hart
.rll and lie had been cu.. ,,,I
vond, returning Oh he edge Of the
timber aud .,und small cotton
Nooh stump surrounded WIN
rncks which showed that some one
had tied n hors. there. lie also said
/ hat there was the plain print ot a
butt oi gun in the soft dirt ana
that the same srt Of tracks which |
they saw ut the stump crossed the
creek in front of Bauleys house.
Lock said thpt Frank Lewis went
with him to the Hartzell ranch from
Theolorc Horeland's ON the morn
Ing of the ninth.
Court hcren.i j',urnod unt'l2o'elock.
MRS. M'KIsltY BtIItR,