Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-02-02

| cave promise of an interesting closing
| when the case is finished.
FL. III. Mott, county surveyor OF
| Walsh county, then produced an elab-
crate set of platts and diagrams OF
the Bascom and Stoddard farms. Not
only were the farms represented, but
| there were numerous plats showing
the topography of different portions
of the farms, with the sloughs, de.
pressions, rises and distances, with
the depth and elevations.
SATURDAY MORNING.
| Rev. Tabor, an old time friend oi
| the family, gave testimony of the uni
| form good character of the defendant.
He was followed by S. M. Gardner,
| Arthur Farquhar, county superintend.
ent, ID. z. Repass, ex-county superin.
| tendent, all of Iowa. Rev. Marsh,
| Chas. Crawford, Chas. McDermott.
| A. L. Lindstrom, f. f. Sherwin, ii.
ID. Parsons, Mr.. Schoenbeckler, Ar
| thur Holden, |. Kitchen, Geo. Arm
strong. Chas. Smith, Andrew Sturm,
John Mahon, A. b. Salter, j. ID.
Salter, Mr.. Veer and M. Mcdonald were
a bunch of witnesses called in rapid
succession to testify to either the good
reputation of Hartzell or the bad rep
utation of Stoddard, and invariably
the answers were that Hartzell had a
| good reputation and most OF them
| said that Stoddard's was bad. They
were all about the same.
Andrew Sturm testified also of a
| conversation with Stoddard after the
i dog was shot. Stoddard said he
would get even with Hartzell.
That of Messrs. Burke and Jones,
testimony related to what Stoddard
said when he came into Farell's Office
| looking for advice about trespassing
on Bascom's land. They said he was
determined to go through Hartzell &
Bascom's field and was quite excited.
NJ. Mcdonald said that he crossed
the coulie where the men were at work
on the bridge that day and had no
trouble. He was followed by Mr..
BrOderick, who said that he crossed
there with lumber wagon shortly
after 6 o'clock on the evening of
July 7th.
Arthur Holden testified that on
Decoration day he came into Lang
don and stopped off at Bascom's
house where he found Stoddard talk
ing in loud and angry tones; that he
(Stoddard) had his hand in his hip
pocket: that Holden stayed there
about half an hour and talked with
Hartzell, who seemed in fear of his life.
Following this witness Mr.. Worken-
ten testified that he passed over the
coulie on the main road on the day of
shooting with load of barley.
Mrs. Bascom. sister of defendant,
and wife of Bascom told Of the dog
shooting Hartzell shot dog on Deco
ration day belonging to StOddard be-
cause the dog had been chasing chick
ems, but did not kill the dog. Stodd-
ard left blowing, went to- the house
and then came at once to BaScOm' 5:
Hartzell retreated to house as if
afraid of Stoddard; Stoddard wanted
| HartZell to come out, but HartZell re-
fused unless he would put away his
gun: later he came out and talked with
Stoddard: Stoddard used very violent
| language and threatened TO shoot
| HartZell: said ''he would shoot too,
and it wouldn't be a dog either. "
| Mrs. Bascom said she saw StOddard' S
gun partly drawn from his pocket
several times. (Other testimony later
| by HartZell was that there was an
| agreement between the men to shoot
the dogs with fine shot to keep them al
home.)
Dick Hartzell was present at the
| time StOddard came and his testimony
| cOrrobarated that of Mrs. BaScOm.
| A. Strum, recalled, testified that
Stoddard made threats at the time OF
the dog shooting episode. He also
said that the trouble between HartZell
and StOddard dated back to the di-
visions of some 4th of July picnic
money.
Mr.. Phippen who lived in the same
house as the Stoddards, testified to
conversations with Stoddard in which
he had expressed determination to
cross field and haul lumber for barn
over that road: he heard him use vio-
lent language about HartZell; seemed
to think that Hartzell had blocked the
highway on purpose without making a
place to go around.
Mrs. Stoddard was again on stand
and cross examined. She was asked
if in presence of others at house just
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 gum" that it was case
Of shoot or be shot" Il really be.
lieve that Byron would have shot il
he had not been shot" To these Mrs
that she did not remember making
such remarks.
Fred Smith who had been working
for Stoddard two days at the time O
shooting, testified that Mrs. Stoddart
Ia 10 al 81 4; !,
his presence.
Smiths testimony: Mrs. Stoddard wa
much excited when she came home, ant
quite nervous.
Defendant Hartzell then took tn,
stand. One at the first questions wa
if that was his father in the cOur
room. The defendant broke down
and cried for several minutes before
he could again answer.
His story of the affair in genera
was just anout the same as that tolt
by other witnesses. After giving tn,
story of his early life which proved ;
hard struggle to get an education b,
his own work, he told of harveStin!
in the fields at Cashel and Langdol
and later passing the examination TO
the bar. Then coming to the story O
the shooting he told of starting afte
supper with BascOm to fix the fene
that Stoddard had cut in the afternoon
He had no thought of meeting Stodd
, ard al the fence and put the gun il
! the buggy as ii was customary witt
! him when he went out on the farm /,
! shoot any game or animals that h
: might see. At the scene of the shoot
t,rr hn tnll tntn l. 4
was repeated by Hartzell, with tn
> addition that Mrs Gtnllan1 hal en-