The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-01-20

81 guess not" the replied. care you,
not going to let me through - said Stod-
dard. 'No." was replied. There was
some more talk along this line. Then
Stoddard gave the lines to his wife alter
driving along two or three fence posts.
He then took 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 just coming
around the rear4wheel, saw the fash and
heard the report of the gun. She saw
husbands right hand hanging down and
then he reeled and fell. At this time
Hartzell and Bascom one with the gun
and the other with revolver hollered to
Stoddard to hold up his hands. Hartzell
then came to Stoddard and took a re-
volver 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. *S
After this outline of the story Mr.
Cleary appealed to the-iury not ~ LET
sympathy for either party.t to- ssay 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 being present should
have no effect. Their s0ael duty was
judge between the state and the defend
ant on the evidence as it fell from the
lips of the witnesses and accept the law
as laid down by the court.
SYNOPSIS OF TESTIMONY.
A. B. Darling was the first witness
called by the state. He is Co. surveyor
of Cavalier county and his evidence was
to verify plat of the two farms which
was introduced in evidence and which in
general is Similar to the plat we give in
this account. 4,
DIR. S. G. Gibson, coroner of Cavalier
county was the next witness. He told
of being called to visit Stoddard's house
by E. T. Baseom on the evening" Of the
tragedy. He saw the body and made
slight examination OF the remains.
Opened the shirt and felt TOR pulse.
Stoddard was dead but body was still
warm. He then went to the place of
shooting. Found a double-barrelled
shotgun on the ground and pair of
wire cutters standing on end in the
ground. Both few feet apart and from
a post that appeared to have been hit by
shot. The gun had one empty shell in it
and the other barrel empty and clean.
Hartzell also gave Gibson the revolver
he had taken from Stoddard's pocket.
Gibson took possession Of the guns and
nippers and identified the same as those
produced in court and made exhibits in,
the case.
POST MORTEM.
DR.. Gibson and DR.. Brooks also Of
Langdon told ofthe post mortem which
was made on the following morning.
The testimony of both was. similar and
to the effect that they had cut the clothes
from the body that were shown in court
and identified by them and made exhi-
bits in the case. They are coat, vest,
shirt, trousers, stockings, shoes and some
articles found in the pock-
cts. The clothing of the upper body,
particularly the shirt was saturated and
stained with dried blood, and were any,
thing but pleasant objects.
The doctors testified that the brain
and intestines were normal. That 55
shot perforated the Skin, of which II |
we're in arm and % in the back and sew
eral in the breast. All Of them went in
at the right and went to the left. FAC
cording to this testimony Stoddard mustt
necessarily have stood nearly sideways
70 Hartzell with his upper right arm
against his side protecting the region
under the arm. What the
position of the lower arm was at the
lime will perhaps be one OF the most
questions yet to be settled .byl
evidence and the Jury. The positions
and places and directions Of the shot
wounds were gone into pretty closely byl
he attornsys on both sides but the doe
tors had Bit little detailed information Is |
give them 70 settle this very vital point
They will perhaps be called again to col
into this matter more closely.
Or. Gibson testified that when sat thel
post where tragedy occurred that thel
lower wire Of the tence was repaired anda
stretched and The upper wire was also