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

thought he appeared excltable. Her
Judge Bach interposed several oh
jections both on the question aske,
and the manner In which II was an
swered and the witness made tn,
statement that he thought Bauley
was different from any time he hat
seen him before and said that the &c
cused did not go into the room IL
which the body OF Hartzell lay. Tn,
witness " as then cross examined by
Judge Bach who asked II Bauley was
not OF an excitable disposition, to
which the witness answered Eyes =
During the cross examination Sam.
Piles said that the brush was thick
enough on the north side of Warm
Spring creek for a man to conceal
himself and that there were foot
prints under n tree opposite the
Hartzell house on the north side OF
the creek where n man had been
standing.
Ed. Silverthorne was then called,
who said that he was staying at
Samples ranch on the Judith at the
time Of the killing and went to the
Hartzell ranch early on the morning
OF March 9th, finding no one there
He started to go to Theodore Hoge-
lands and on his way there met
Frank Lewis and Joe Lock on their
way to the scene OF the killing, and
returned with them to the house.
HIS stated that they entered the
house and examined the room In
which Hartzell was killed and gave
corroborative testimony as to the
position OF the body and the condi-
tiOn Of the room through the win
dow OF which the shot was fired.
He also testified to the finding OF
tracks mentioned by former wit
nesses. Silverth0rne mentioned see
ing Bauley at the Hartzell place and
also on his road to the postofiice on
the 9th OF March and In u short con-
versation with him Bauley said he
had not heard OF the killing until he
went to the postofiice. He said that
he saw Bauley at the latter's ranch
on the 1lth, at which time Slater,
Aubrey, Samples, Moore and Others
were there for the purpose Of finding
tracks. The entire party. he said,
rode up to where Bauley was build
ing a fence. who spoke to them.
Slater told him that they had found
tracks on the other side OF the creek
and were looking for signs on the
bottom. Bauley said that stock
had been tramping around the field
and 1t would be hard to see any
tracks and stated he had been across
the river and had tied his horse to a
small bush and gone down the river
and back looking for a COW which he
thought he had lost. Slater asked
him II he did not go up the river and
Bauley replied that he did and turn
ing to Silverthorne said 81 went as
far as that snag, Ed"
This witness described the tracks
between the Hartzell and Bauley
place In manner which confirmed
the evidence offormer witnesses. He
was cross-exap ined by the defense
but without any deviation from his
former testimony. In the redirect
examination he stated that In n con-
versation with Bauley the burning of
Bauley's hay last year was brought
up. when the accused seid: at has
always been mystery to me and
can't imagine who burnt It," and ex-
pressed the opinion that it was either
Dutch Henry or Hartzell.
james Aubury was put on the stand
and gave evidence which substanti-
ated the evidence alr.a ady heard and
said that he held acOnversation with
Bauley on March 1lth. The witness
said that he and several Others,
amongst whom were Slater, Silver.
thorne, Moore, Lewis and the Sam
Piles boys, proceeded to the Bauley
ranch on the day mentioned In order
to try and find continuation Of the
tracks, and while there he held a
short conversation with Bauley while
some Of the party were at the house.
Bauley asked him II any ofthem were
going into the house and said they
could II they had "a search warrant.
Witness told him that people thought
he was the man who killed Harlzell,
on account Of the enmity which WAS
known to exist between them. Bauley
said that Hartzsll and he were on
speaking terms and also stated that
he did not think that Hartzell burnt
his hay. but that he did shoot some
lows for him, which he did not like.
The witness noticed Bauley's shoes
while he was talking to him, but
would not swear whether they were
he same slze as measurements or not.
He stated that Bauley owned two
'ifles. one being a eO-30 and the other
, 30-40.
WILDER Moore being W orn said that
,e was present on March llth mt
Bauley's ranch and heard the conver-
Iation between Aubury and Bauley.
md also part Of the conversa tIon be-
.ween Slater and Bauley. and said
hat the reason Bauley gave for cross
ny the river was that he thought he
'ad lost n COW, which on his return
he found In the shed. He also gave