The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-01-27

would shoot too and it would not be a
dog either" Mrs. B. said she saw Stod-
dard's gun partly drawn from his pocket
several times. [Other testimony later
by Hartzell was that there was an agree.
ment between the men to shoot the dogs
with fine shot to keep them at home.]
Dick Hartzell was present at time
Stoddard came and his testimony cor
roborated that of Mrs. Bascom.
/. John Mahon and A. B. Salter testified
to the good character of Hartzell and
the opposite of Stoddard.
Court adjourned at $50 p. m. until
Monday at II o'clock.
MONDAY FORENOON.
Mr.. Price of the side for the state re-
turned from Langdon and took his place
at the table. .....
Considerable time was taken before
noon in arguing the advisibility of certain
evidence in which the defence were final
ly successful. It related to admitting
evidence relative to fracases and troubles
ID which Stoddard was the principal.
ia. Sturm, recalled testified that Stod-
dard made threats at the time of the dog
shooting episode. He also said that
trouble between Hartzeil and Stoddard
dated back to the division of some 4th of
July picnic money.
Mr.. Phippen who lived in the same
house as the Stoddards, testified to con-
yersations with Stoddard in which he ex-
pressed determination to cross the field
and haul lumber for barn over the road.
He heard him use violent language about
Hartzell. Seemed to think hat Hartzell
had blocked the highway on purpose
without making place to 60 around.
MONDAY AFTERNOON.
Mrs. Stoddard was again on stand and
cross-examined. She was asked if in
presence of others at home inst after
shooting and the next morning if she
made statements to the effect.
THAT Byron would have shot if they
had not shot first" "That Byron reached
for gun" THAT it was case Of shoot
Oh be shot" II really believe that
Byron would have shot if he had not
been shot,"
To these Mrs. Stoddard made a gener-
al statement that she did not remember
making such remarks. ~.
Fred Smith who had been working for
Stoddard two days at the time of shoot
ing, testified that Mrs. Stoddard had
made such remarks at the time stated in
his presence.
Mrs Ph,ppen also corroborated. Smiths
testimony. Mrs. S. was much excited
when she came home, and quite ner-
vous.
HARTZELL ON THE STAND.
Deft. Hartzell then took the stand.
One of the first questions was if that was
his father in the court room. The deft.
broke down and cried and it was several
minutes before he could again answer:
!. His story of the affair in general was
just about the same as that told by other
witnesses. Alter giving the story of his
early life which proved a hard struggle
to get his education by his own work, he
told of harvesting in the fields at Cashel
and Langdon and later passing the ex-
animation for the bar. Then coming to
the story of the shooting he told of START
ing after supper with Bascom to fix the
fence that Stoddard had cut in the after
noon. He had no thought of meeting
Sloddard at the fence and put the gun in
the buggy as it was customary with HIM
when he went out on the farm to shoot
any game or ANIMALS that he might see.
At the scene of shooting the talk as
stated by Mrs. Stoddard was repeated by
Hartzell, with the addition that Mrs. S.
had said Don't Byron, don't" when he
started to get out of buggy. She also
refused to take the lines when Stoddard
threw them to her. Did not see Stod-
dard with the wire nippers but knew that
he had them. Saw Stoddard make a
reach for his gun in hip pocket with a
Continued on page 4.