Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-02-02
HARTzELL FOUND GUILTY.
Jury at Pemblna Returns Verdict
of Guilty.

After being out "a hours tne jury. III
the case of the state of North Dakota
against S. T.. Hartzell last Saturday
returned verdict of guilty OF man
slaughter, the penalty being five years
in the penitentiary. This verdict
came as surprise, as the friends OF
the defendant confidently expected
acouittal. A motion was filed for a
new trial and either new trial or an
appeal to the supreme court will be
had. 1t is said that nine of the twelve
iurymen were for acquittal, but they
thought best to consent to the COM
promise on five years, rather than for
the jury to disagree.
The case of L. T. Bascom commence
ed this week at Pembina. He will
surely be acquitted, though after the
result on the Hartzell case is as it
is, of course the outcome of this one
is problem.
Following is some of the remainder
of the testimony in the Hartzell trial,
as reported in the Cavalier Co. IN.
d. Republican,;
In substance Mrs. Stoddard's direct
examination contained the following
material points;
Mr.. Stoddard had been to town that
afternoon; after supper | heard the
band playing in Langdon: called his
attention to it; he said, that is the
RipVan Wrinkle show, let us co. ]
demurred. saying it was too late and
I could not get ready; he insisted and
Mrs. Phippin said she would wash the
dishes: he got the horse and we went
by the same road on the west side OF
the Bascom farm that he had gone in
the afternoon: before reaching the
point at the fence where Hartzell and
Bascom were fixing the fence | saw
some objects there which | could not
distinguish, but my husband told me
that it was Hartzell and Bascom fix
ing the fence: when he got up to where
they were the horse was stopped by
Mr.. Standard, who said, boys, are
you not fixing that fence little too
soon?" HartZell said, 81 guess not;
Stoddard said, "are you not going to
let me through" and they said, mo.
The horse then started up two or three
fence posts and was stopped by Stod-
dard, who told me to hold the reins.
and then he jumped ont OF the buggy
on the right side and | jumped out on
the left side; the last | saw OF him be-
fore | jumped he was walking toward
the fence with a pair of wire nippers
which he had taken out OF his coat
pocket, in his right hand and was half
way there: Just as | was turning round
near the hind wheel of the buggy |
heard shot and looking around
quickly | saw the smoke and flash
from. the gun and my husband with his
left hand on the fence wire turning To
the right, staggered two steps and
then fell on hands and knees, after
wards rolled on his back: Hartzell
had called halt, halt, halt" before
he fired: he was about 80 feet away
when he fired: he Immediately advanc-
ed to Stoddard, holding his gun on
him, while Bascome did the same with
revolver, saying to Stoddard To
hold up hands. to which he replied
once, ooh yes" but was unable on
account of his arm being wounded; |
said, "Oh Leslie, you have killed
him, "''Iam afraid have" Stoddard
asked to be put in the buggy and taken
home, Those were StOddard's last
wordsl | said to Hartzell, why did
you do this?' He said, Il had to"
I said, "you could have let him go
through and then went to town and
had him arrested, to which he replied,
81 told him before he could not go
through" After Hartzell and Bas
com had put Stoddard in the buggy
and started for the house Mrs. Stod-
dard took Hartzell q Bascom's team
standing inside the fence and drove
over to the BaScOm house.
This finished the direct examination
and she was then subjected to rigid
cross examination by Mr.. Sinkler, who
believed that she had not told all she
knew. She stated that the revolver
which Hartzell took from Stoddard's
hip pocket Immediately after the shoot
ing was the one which she had given
him at his request when he started to
town that afternoon. Until the
minutes of the coroner's jury and pre-
liminary hearing were referred to she
could not remember much of the
threatening language used by Stoddard
while on the way over to where the
boys we're repairing the fence, but she
admitted that her testimony given then
was in the main correct and was in
effect that he would go through that
fence at all hazards in spite of both
HartZell and BaScom. She admitted
that she was much frightened when she
jumped out Of the buggy. On the road
over she had demonstrated with her
husband for going over where the boys
were at work as there was sure to be
trouble. At the cOroner's inquest she
had testified that Stoddard had his
right hand in his hip pocket when she
turned around inst after the shot, but
she did not think that she had so teSti-
fed until afer this evidence was read
TO her. The revolver in question is
one which he always carried.
She smelled liquor on him at supper
time, but he appeared sober. She
noticed that he was angry while driv-
ing over To the place Of shooting; she
also noticed anger when he was told
that he could not go through the fence;
she admitted that there was a road run.
ming through Stoddard'S own pasture
in southeasterly direction toward
town.
Joseph Bergman who was at the
Bascom farm ON the fatal evening.
was next called and testified that wher
he saw Stoddard driving down &c
he expected there would be trouble
and watched them while standing neal
Bascom's barn. He said he frs
heard the shot, then the flash anC
smoke from the gun: saw StoddarC
approach the fence with his right hant
extended; saw the gun Darrell also thu
post at which Stoddard FELL could see
everything going on above the leg