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

LEWISTOWN, FERGI
POLITICS, AND DEVOTED TO THE
the murdered man was sitting at the
time of his death. When he first sa W
the body II was lyingface downward
with hands outstretched and the
head toward the south. Hecouldn't
tell how many bullets passed through
the window hut there were three
wounds on Hartzell's body. The
witness had conducted experiments
by shooting through pane OF glass
In identically the same position as
that In which the fatal shot was
fired, using 3O-30 rifle loaded with a
slug on top of the regular cartridge.
The result he said was almost the
same as that produced in the Hart
zell window and the two bullets had
struck a board which had been
placed there for that purpose, within
four inches of each other. He men-
toned that he had examined the out
side OF the Hartzell house for tracks
and had found track eight feet from
the window and In range with the
hole In the glass. which looked as II
a man had stood there with sacks on
his feet or had knelt there. The hole
In the window was, he said, three
feet from the ground and there was
nothing inside or out that would
obstruct clear view Of the inside OF
the room from a person kneeling on
the outside. The witness said that
the bullet which was extracted from
the log opposite the window was so
badly battered that he conld not
positively state what calibre it was,
but In his opinion it was a 5000 or
1910. In conducting the experiment
he stated that the person who fired
the shot was standing about eight
feet from the glass and used a 1890
rifle which was loaded with an extra
slug that was pushed down on top
OF the ordinary bullet. The witness
said that the two panes oiglass were
shattered In much the same manner,
though the hole In the one In which
the experiment was tried was little
the larger owing to the slug being
loose In the barrel of the rife. This
evidence was strongly objected to by
Judge Bach as not being the best,
evidence and who asked the court
to instruct the defense to produce the
two panes OF glass as evidence. The
state proved by the witness that the
pane OF glass which was taken from
the Hartzell window was accident
ally shattered and therefore could
not be produced. The objection was
overruled by the court. Lewis said
that he examined the vicinity of the
house In very thorough manner
and discovered four pair OF heel
tracks between the foot bridge and
the house. one pair of which were
very plain and within twenty feet OF
the house, while the Others were not
SO distinct. He said that he talked
with Bauley about the killing who
said that "it was a sad affair."" and
on noticing that he was looking for.
tracks, mentioned that Frank and
Joe might have made them going to
work. He continued his examina-
tion on the 11th. starting from fifteen
or twenty feet north of the foot
bridge and followed the trail to the
right OF the road where the tracks
got palmer, then following them to
the edge of the timber on the Judith
river where they met the tracks al
ready staked out which went up and |
down the river. He also saw tracks
on the north side Of Warm Spring |
creek along the edge Of the brush |
which grew on that side OF the creek. |
He corroborated the testimony of
former witnesses as to the tracks
around the cottonwood tree to
which the horse was tied. Judge
Bach cross examined this witness in
very minute and searching manner
and though Lewis got slightly con-
fused In his dates his testimony re-
mained materially unshaken.
Frank Samples was then sworn
and stated that he had resided on
the Judith In the vicinity OF the
Hartzell and Bauley ranches for fi-
teen years and was at the ranch ON
The morning of the 9th Of March be-
tween ii and Il clock. He said
that several OF the neigifbors were Mt
the ranch. Frank Lewis and Ed.
SllverthorDe being among the num-
Der. Samples stated that he went
into the house and saw Hartzell ly-
ing there. face downward, ON the
north side Of the room and also saw
the blood marks on, the floor. BY
the position Of the chair and the body