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

creek, with high and almost impas-
sable bluffs on either side, which,
though the bottom is extremely fer
tile, gives ii n dark and gloomy as
pect. One cannot imagine a place
better adapted for the commission OF
a crime of this kind and nature aids
the escape of a criminal and the con-
cealing of the evidence OF his crime.
The tracks, about which so much
evidence was produced during the
trial, run from the tree at the Bauley
ford, to which the horse was tied, to
q point Of vantage In the brush,
where Hartzell and Lock were at
work, returning up the bar to the
starting point and from thence to the
brush on the banks Of Warm Spring
creek opposite the Hartzell house,
where the maker Of them seemingly
spent considerable time. There are
several deeply indented heel tracks
between the house and the bridge
which appear as II made by someo one
In a desperate hurry and proceed at
a rapid gait until they intercept the
tracks on the bar OF the Judith river.
going In a parallel line with theform-
err tracks straight to where the horse
was tied, whose trail could be seen
at the crossing OF the ford.
Owing to the fact that a late en-
actment has rendered 1t mandatory
that counsel should argue the in
structions to the jury before the
Judge, Mondays session was delayed
until HAS at which time court was
called to order and the instructions
given to the jury.
At 1870 arguments by counsel were
commenced and County Attorney
Belden made the opening argument
for the state. He opened the argu-
ment by reminding the jury of the
Importance Of the case and Of their
duty to- both the state and to the
defendant. The crime, he said, was
one OF the most cold-blooded and
heartless murders in the history OF
criminal Jurisprudence, and he as an
officer of the state had a dual duty
to perform, that OF seeing that the
violator of the law should pay the
full penalty Of his crime and also to
see that non of the rights Of the de.
PENDANT were infringed. The counsel
for the state was met with three
questions: First, Is Frank Hartzell
dead? Second, what was the cause
Of his death? Third, who vas the
man that committed the crime?
The first two questions were
answered by the witnesses for the
state in n clear and satisfac tory
manner but the third must be de-
duced from the testimony. There
was no earthly witness Of the crime,
no one who saw the stealthy move
ments OF the assassin as he crawled
to the window into which he fired
the fatal shot, but whoever killed
Hartzell left t~elltale evidences OF his
crime in the footprints which he
could not take with him, and which
connected him with his awful deed.
He said that the chain of clrcum-
stantial evidence vas complete and
mentioned that the perpertrator oil
criminal actions in most cases does
or says something to convict him.
self and that Bauley was no excep.
tion to the rule, that when the ac'
cused owned up to the officer and
neighbors that the tracks found were
made by him he gave himself away
as all the tracks found that day cor
responded in every particular.
The main points In the evidence
were forcibly brought to the motto,
of the jury by the county attorney,
who wound up his address by saying
that she who with malice and pre-
meditation takes the life OF q fellow
man has forfeited the right to bis
own"
Judge Bach opened his ad
dress with a graceful acknowledge
ment Of the favors both past and
present which had been conferred OF
him and the kind treatment he had
received at the hands Of the people o
Fergus county. He quoted the ac
cused al a God fearing aud Sabbath
keeping man without IA blemish OIL
his character and said that the par
ties who found the tracks were al
ready convinced In their minds thal
Bauley was the guilty party anC
were only too ready to gather evi
dence that would tend to convict him
W. Z. Cort made n very able argu
ment for the defense and went owe
the testimony In n very thorough
manner and said that 1t was as mucl
the duty Of the jury to remove thu
shackles from an innocent man as Il
place the moose around the neck o
the guilty. lie placed the testimon,
In its most improbable light ant
stated that the theories advanced by
the state was impossible.
Rudolf Won Tobel concluded til,
argument for the state and combat
ted the statements OF counsel for thu