Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-07-21
TRAGEDY AT LANaDoN, N, o.
s. /. hartzeii. Formerly . Resldent
of Audubon County. Kills d Man
--Self Defenoe Claimed. ec7h

From Cavalier County IN p,l Republican,
This county no sooner disposed OF
two killing scrapes before another
came along to occupy the attention of
the authorities. This time 1t was Ben
U. Stoddard, living one mile west Of
town, who was killed by shot gun In
the hands of s. L. Hartzell, member
of the firm of Hartzell Il Bascom, law
yers and real estate men. The scene
of the tragedy was on the west side of
the farm belonging to Hartzell &
Bascom, and 1t seems to have arisen
over misunderstanding over Stod-
dard's right to cut the fence and cross
Hartzells farm.
A good many stories have been in
circulation as to how II all happened
and the Republican has taken especial
pains to get at the facts as near as
possible and will endeavor to give
them.
To begin with there has been some
trouble between the parties for some
months past. They owned adjoining
farms with their buildings on opposite
sides of the road. In the road leading
to town there was q bad place short
distance to the east and the contract
was let for the repairing of this bad
piece of road and the workmen were
at work that day. During the day
Stoddard came along to go to town
and crossed through Hartzell & Bas-
CONS field and on coming back went
the same way. Both Hartzell and
Bascom kicked on the proceedings
and told him not to come back over
the same route again, but that If he
could not follow the road then to
drive over his own land on the oppo-
site side of the road. Some words
evidently followed and 1t is alleged
that Stoddard said he would come
through as often as he saw fit. For
the time being the trouble ended there,
but after supper both Hartzell and
Bascom went out to repair the fence
which was torn down. While they
were at work Stoddard and his wife
came along going to town.
1t Is alleged that the first thing said
was Stoddard saying, "are you not a
little previous putting up that fence"
to which the reply was made that they
guessed not" Stoddard then said
that he was going through and was
told that he could not. He then step
ped out of the buggy and approached
the fence with pair of wire clippers
and as he did that his wife cautioned
him not to and also jumped out Of the
buggy and started to run away scream
ing with fright. In the mean time
Hartzell had gone to his buggy and
gotten shot gun and was approach
ing Stoddard who was about to cut
the wire. He commanded him to quit
and then claims that Stoddard reach
ed for his hip pocket to get revolver
he had there and that Hartzell then
fred after telling him to throw up his
hands, the main charge striking him
in the arm, and two shot penetrating
the heart, few more going through
the lungs and some scattered-some
fifty shot mo. ~ in all hitting him.
He then went down and Hartzell ran
up and took the revolver out of his
hip pocket. BY that time Mrs. Stod-
dard had come back and suggested
that he be taken to town at once, but
the dying man said, "put me in the
buggy, boys, and take me home" He
was accordingly placed in the buggy
and both Hartzell and Bascom took
him to his home which was about
eighty rods south and about forty
rods east of where the shooting was
done, but before reaching there the
man was dead. Immediately they
went to town for doctor and Coro-
ner Gibson went out and held post
mortem, empanelling jury consist
ing of James McPhail, F. E. B. Mer-
Ger and Frank Moran, who found that
the man came to his death by a gun
shot wound fired by s. L. Hartzell
and abetted by E. T. Bascom, the first
of whom was soon arrested and the
arrest of the latter followed the next
afternoon. The preliminary hearing
was set for yesterday morning and ad-
journed until Saturday awaiting the
return of Mrs. Stoddard who went to
Minnesota with the remains of her
husband.
The only eye witnesses to the shoot
ing were Mrs. Stoddard and T.. T.
Bascom.
The defendants have employed At
torney Sinkler, of Grafton, and Moell-
ring & Atneosen, of this city, and the
claim is made that a strong case OF
self defense will be put up.
The Stoddard family came here from
Blue Earth City, Mimi, two years
ago last March and settled on what
was known as the Bob Beard place
mile west of town. The parties to the
transaction were the best of friends up
to nearly a year ago when something
evidently sprang up between them.
The funeral services were held at
the residence Friday afternoon, Rev.
Marsh officiating, and the remains
were taken to Blue Earth City for
burial. He was q years of age and
had been married since 1895, and