Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-06-12
GEORGE ". BAULEY ACQUITTED
Jury Finds Prisoner Not Guilty of the Murder of Frank
FiartzeII-- I--Defense Offered No Testimony
Court and Jury Visited the Scene
of the Crime

that he had struck some tracks OF q
horse which had crossed the ford and
was looking the bottom over in or.
der to find out where the tracks
struck the bench. Bauley said that
he had been over in that direction
horseback. had gone to look for a
COW. On being asked as to whether
he had gone far In the direction oI
Warm Spring creek he hesitated and
then said he had gone as far as the
old cottonwood tree on the bank ol
the Judith river. The witness said
he had taken measurements OF tracks
which went up and down the creek,
measuring the width OF the ball OF
the foot, length Of heel and the entire
length OF foot. So far as he could
Judge he said the shoe was '7" and
looked about the same sized shoe
that Bauley wore. Slater was sub
jected to very severe cross examin-
alton by Judge Bach but adhered to
his original statements as to his ac.
tions while at the scene OF the crime.
Counsel asked him II 1t was not true
that he had told Mrs. Bauley that
"the tracks did not amount to any
thing" Here counsel for the state
objected to the question, contending
that 1t questioned the motives OF an
officer who might have had reasons
for answering any questions put to
him In a manner calculated to throw
the questioner off her guard. The
objection was overruled and the wit
ness said he might have made a
statement to the effect that the
tracks could not convict man.
Here Judge Bach asked the court to
instruct the county attorney to allow
the defense the privilege OF seeing the
testimony given by this witness be-
fore the grand jury. This the court
refused to grant. The witness was
again taken by the state and SUBJ
jected to redirect examination.
James Aubury was called as the
next witness for the state, but could
not be found in the vicinity of the
court house and bailiff was i'm
mediately dispatched in search Of
him. The court ordered that a fine
OF s. be entered against Mr.. Aubury
for being absent IN direct violation
of Instructions. When the witness
appeared he was put on the stand.
hut owing to the superabundaDce of
liuuid refreshments which he had in
dulged in his testimony was some
what wabbiy and he was fined
second five by the court for being In
a too exhuberant condition OF spirits
and dismissed by the state with the
option OF recall.
Frank Lewis was called and stated
that he had lived short distance
above Hartzell's ranch for the last
thirteen yerrs and knew both Hart
zell and Bauley since they had To-
Gated In that district. The witness
said that he went to the Hartzell
ranch on the morning after the kill
ing In company with Joe Lock, Ed.
Silyerthorn, the two Sample boys be-
ing there at the time. He went into
the house and found Hartzell lying
half under the table on his face dead.
He could see that the deceased had
been shot and saw the hole In the
window which was about the size OF
n silver dime and also the bullet In
the wall directly opposite. Thechair
had not been moved he said, and on
being asked how he knew that II had
not he said that when 1t was first
moved on the 9th Of March the space
occupied by the legs of the chair were
white and entirely devoid of blood.
OF which large pool surrounded the
chair. The witness said that the man
who shot Hartzell would have to get
down on his knees In order to get
the range and pointed out the posi-
on OF the furniture, showing where