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


and IL commonly known rs "Lum"
Read testified to the finding OF the
tracks.
Charles Follmer wal called for the
state and stated that he lived \ miles
northwest of the Bauley ranch; that
on the morning OF the 9th OF March
he was at the Hartzell ranch with
several Others, and gave testimony
as to the finding of the body which
made good the evidence OF former
witnesses. The witness had expert
mented with 5000 Winchester and a
window light which he had placed in
a position as nearly identical with
that in the Hartzell house as possible.
The result of a shot from the rifle,
when loaded with an ordinary cart
ridge with the point cut off the bullet
and a slug rammed down on top OF
it, closely resemDled the pane ofglass
in the Hartzell window through
which the fatal shot was fired. Much
OF the evidence obtained from this
witness was accumulative in char
acter. He mentioned that he saw
Bauley working on the west side OF
his ranch on Sunday, the 10th, and
when asked whether Bailey usually
worked on the Sabbath he said that
he had heard the accused say that he
never worked on Sundays. This wit
ness underwent a learned crOss-exam-
nation on rifle shooting, at the close
of which the defense made a motion
to strike out all evidence as to experi-
ments, on account OF the witness not
being an expert in the use Of firearms.
The motion was denied by the court,
who said that the jury would take
the evidence for what 1t vas worth.
Lawrence Garlick, who has lived on
Warm Spring creek for the last four.
teen years, said that he was present
when the tracks were discovered
March 10th.
Theodore Hogeland. to whom Joe
Lock first told the story Of the kill.
Ing, was then examined and stated
that he went to the Hartzell ranch
on March 10th for the purpose OF
bringing the corpse to town, and
while there he examined the inside Of
the house with the rest Of the party.
On Thursday, March 18th, he re-
turned and made a thorough search
OF the room for the second bullet and
found 1t underneath the bed.
Here the witness Identified a slug
produced by the state as the one re-
ferred to.
Photographs OF the Hartzell house
and the shattered window. and also
OF the room In which Hartzell was
killed, which had been taken by the
witness, were here introduced by the
state Az evidence and we're objected
to by Judge Bach, for the defense, on
the ground that the witness was not
an expert photographer. The obiec-
ton was overruled by the court.
The section OF the log out OF which
the bullet was extracted and which
bore the impress of a second bullet
was also presented as evidence by the
state.
Witness Hogeland explained the
position Of the section OF the log and
showed the jury the exact heIghth
from the ground, also pointing out
the in~dentation Of the second bullet.
The witness stated that he was pres.
ent at the experiments with the pane
OF glass and rifle and substantiated
the statements OF other witnesses ON
the results.
Arthur Hatch, who was working
at Bauley's at the time the hay burn.
ing occurred, was next placed on the
stand and said that Bauley had
talked with him as to how the hay
got burned and mentioned several
times that he suspicioned Frank
Hartzell. Hartzell passed the ranch
with a gun the day after the hay was
Z burned. and on Hatch mentioning
the fact to Bauley the latter replied
that 1t was time a man carried agun
In that country. The witness said
that Bauley seemed excited when
talking about the burning ofthe hay.