Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-08-04
AND eAscoM HELD.
Prisoners Bound over on Charge OF
Murder In fret Degree
Without Ball.

| CavalierCo. IN. D. Republican
The preliminary hearing OF 5. l.. Hart
zeH and E. 7. Bascom for the killing
of B. U. Stoddard on July 7, which
started Thursday afternoon before
Justice Farrell, was concluded Satur-
day night, with the result that both
defendants were bound over on the
charge of murder in the first degree to
await the action of the district court,
which does not convene until Novem-
Der. The defense made strong effort
for bail but was unsuccessful In this,
and unless some higher court should
be appealed to and grant it, they will
have to remain in the county Jail I'M
til the next regular jury term in Nov
ember.
The witnesses who testified for the
state were Drs. Brooks and Gibson,
Chas. S. Smith, Sheriff Pinkerton and
Mrs. Stoddard, widow of the man
killed, and who was present at the
time the shooting occurred. She
testified that when she drove up in
company with her husband to where
the trouble happened, both Hartzell
and Bascom were there, and that upon
Stoddard making it known
that he was going through the fence,
Bascom said that you are not, If |
can help it," and that they drove on
a little further where Stoddard jumped
out of the rig; in the meantime she
had noticed that Bascom had q revol-
yer in his hand and warned her hus-
band not to cut the fence, but he paid
no attention to her and approached
the fence; about that time she heard
Hartzell call "halt, halt" couple of
times and then the shot was fired. BY
that time she had also gotten out of
the buggy and as she was in the act
of turning around her back was turned
toward the men at the time she heard
| the shot, but upon turning around
| quickly she saw the smoke coming out
| of the shot gun in HartZelPs hands
and leveled at her husband who had
hold of the wire with one hand and
the other at his side. AT the same
vOlver at Stoddard and commanding
him to throw up his hands while Hart
zell went up to him and took the re-
volver out of his (Stoddard's) hip
pocket as he was gradually sinking.
On cross examination the defense tried
hard to show that Stoddard's hand
| instead of being at his side was at his
pocket, which she testified to before
| the coroner's jury just after the
tragedy occurred, but she stated that
at that time she was so overcome that
she hardly knew what she was saying.
The coroner, DR.. Gibson's, testi-
mOny related to the condition in which
he found the body and the course of
the shot found in the body.
DR.. Brooks testimony was along
the same line and by his testimony the
state endeavored to show that it was
impossible for the murdered man to
have had his right hand in his hip
pocket from the fact that there was a
small space under the arm in which
there we're no shot just as though the
presence of the arm over this space
had protected it. Upon severe cross
examination by Attorney Sinkler the
doctor admitted that Dit was possible
for this space being there and still
his hand in his hip pocket.
Other witnesses called by the state
were Sheriff Pinkerton and Chas. S.
Smith, who testified 10 conversations
had with Bascom the day after the
shooting.
The defense called no witnesses of
their own, but used few which the
state had subppnaed, but did not use.
Among them were Mr.. and Mrs. Phip-
pen, residing on the Stoddard farm,
members of the cOrOner's jury, A. F.
Gardner, Horace Griswold, Mike Hor-
gan and a man by the name of Berg
man, who was running the pile driver
and heard what was said in the after
noon, when Stoddard came home from
town and went through the field of the
defendants. Hartzell then called to
Stoddard and forbade him going
through the fence, but that he went
through and Hartzell then said that
81 will make him pay for that"
Nothing further was said until after
supper when the two defendants hitch
ed up to go out and repair the fence
torn down by Stoddard on the west
side of the farm. Before leaving
| Bascom stated that she will not 60
| through there again if can stop him"
| Upon seeing Stoddard driving from
| his place to where the defendants were
at work upon their fence, Bergman
went out back of the barn to 'See the
fun" as he did not expect anything
more than a tistic encounter. From
where he stood it was eighty rods or
more to the place where the trouble
occurred, SO he could not testify to
anything of Importance which trans
pired there.
Mrs. Phippen's testimony related to
what was said when Mrs. Stoddard
handed her husband the revolver just
before leaving the house on the fatal
evening. Mrs. Phippen said byron
you will get into trouble" He answer
ed, II am going through the fence"
This ended the conversation. Attor-
ney Sinkler attempted to prove by
this witness that Mrs. Stoddard had
been abused by her husband ON pre-
viOus occasions and had been dragged
by her hair, with the evident purpose
of showing a violent temper on the
part of the dead man, but the court
ruled it out The defense also tried
to show by the witness that last spring
Stoddard had taken a gun and started
for town with the intent of shooting a
policeman who had arrested him, but
this was also ruled out by the court.
Also that Leggett, the hired man, had
| left suddenly in company with Stod-
dard's brother during the progress of
the hearing in order to avoid being
called as witness, but this also was
ruled out.
Mr.. Phippen's testimony was rather
immaterial as most all of his knowl-
edge was gathered through hearsay.
Griswold and Horgan's testimony
was about a conversation had with
Bascom after the shooting, in which
Bascom stated that Stoddard was
reaching for a revolver in his hip
pocket at the time Hartzell fired the
fatal shot.
Sick headache.
For several years my wife was