Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-01-26
THE HARTzELL TRIAL.
Opened at PembIna Jan. 10

anu Eu DdSCOIn are being lrleu. FROM
it we make extracts as follows:
District court called to try the muir
der cases transferred from Cavalier
county convened on Monday afternoon
with Judge Fisk presiding. Owing to
the fact that the defendants and the
victim of the tragedy we're not resi-
dents of this county and that neither
of them had been long in Cavalier
county they were unknown to'the iur-
ors and the details of the case as read
in the papers and heard talked by the
jurors, had made but slight if any
definite opinions in their minds as to
the guilt or innocence of the accused.
With scarcely an exceptions the
jurors were exceptionally good, clear
headed and well informed people, and
mostly of the more prosperous class
of farmers from all over the county.
The jury were given in charge of
four bailiffs. They are to be kept
together during the trial and occupy
the court room where cot beds have
been provided.
ATTORNEY CLEARY OPENS FOR STATE.
Wednesday morning at $3.50 Attor-
ney Joseph Cleary, of Langdon, open
ed the case very briefly for the state,
OCCUPYING but 20 minutes.
He spoke eloquently as we'll as con-
cisely. He began by telling the jury
that they were assembled for very
solemn and perhaps disagreeable
duty, but as citizens the duty had come
to them. In many respects it was by
the circumstances an ideal jury, as
they were strangers to the parties,
and came with clear, unprecedented
minds. The counsel for the state also
came without prejudice, but different
from the jury they knew the facts and
it was their duty to prove them to the
jury. Mr.. G. then read the informa-
ton filed against S. l.. Hartzell
and Edward L. Bascom charging them
with murder in the first degree by
shooting Byron U. Stoddard with
malice in the usual formal language
of the law. ...' ~l,r :
OUTLINE OF CASE FOR STATE.
He then briefly outlined the story of
the homicide as they expected to prove
it, That the seat of the tragedy was
within two miles of Langdon and on
the road vest Hartzell and Bascom
occupied quarter section north Of
the road and Stoddard r. the quarter
directly SOUTH. On the afternoon OF
July It'll, 1904, the highway at the east
end of the farms towards Langdon
being out of repair, ,Stoddarda and his
wife started from home to go to town
about 3 O'Clock and instead of turning
east to go to Langdon, turned to the
west until they reached the section
corner, then they went north q dis
lance of about 30 rods, then turned to
the east and cutting, passed through
q wire fence belonging to the Bascom-
HartZell farm, went diagonally south
east across the farm to a point about
20 rods north of the south east corner
of the Bascom farm and there passed
through another wire fence on to the
main highway, Returning from
Langdon about six O'Clock they re-
traced the same course across the
farm of Hartzell and Bascom and
went home to supper. After supper
Stoddard again hitched UP and with
his wife started again for town again
taking the same route. When he
arrived at the place where he went
through the wire fence on the west
side of the Bascom farm he found
Hartzell and Bascom repairing the
fence, and they had one wire mended
and the other connected by a wire
stretcher. Ut was two strand fence.
Stoddard said "Boys, are you not
fixing that fence a little too soon. y
81 guess not" they replied. "Are you
not going to let me through?" said
Stoddard. 'No. was replied. There
was some more talk along this line.
Then Stoddard gave the lines to his
wife after driving along two or
three fence posts. He then took a
pair of wire clippers and getting out
of the buggy started for the fence.
Hartzell called, Halt, halt, halt
and then fired. He died within few
minutes. Mrs. Stoddard had also
gotten out of the buggy and was inst
coming around the rear wheel, saw
the flash and heard the report of the
gun. She saw her husbands right
hand hanging down and then he reeled
and fell. At this time Hartzelf and
Bascom one with the gun and the
other with revolver hollered to
Stoddard to holdup his hands. Hart
zell then came to Stoddard and took
a revolver from Stoddard's hip pocket.
Both then put Stoddard in the buggy
and took him to his own home Stod-
dard was dead by the time he arrived
there his last words being to ask to be
taken home.
After this outline OF the story Mr..
Cleary appealed to the jury not to let
sympathy for either party to sway
their judgement. The fact of the aged
father of the defendant, or the. wife
and child of Bascom, or the widow of
Stoddard or his orphan children be-