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


struck him down with bar of iron.
A number OF dispositions from Blue
Earth, MINI. Stoddard's former home,
agreed he was of quarrelsome dispo-
sition and dangerous man. The de-
positions include the following: Chas.
Harris, Con Ogelyie, John Buggy,
Con Carr, John Wilson, Harry
Stewart. A certified copy of an in
dictment and verdict of conviction of
Stoddard for assault in the second
degree was also introduced.
Following these Rev. Marsh testified
that he had seen Stoddard in a fracas
with Harry Wieland: J. ID. Salter
identified photographs taken of the
Bascom premises and placing his
camera at the spot where the shooting
he took the barn atwhich witness Berg
man stood, with the camera about five
feet and four inches from the ground
only the upper portions of the barn is
visible and the roof of the house. This
was introduced to offset Bergman's
statement that he saw Stoddards arm
and the gun barrel. in fact everything
above the legs of the horses and men.
"A. Sturm was recalled and testifiedto
Stoddard having fight with farmer
Geo. MOeliring testified that in con
versatiOn with Mrs. Stoddard the morn
ing following the shooting she had told
him that ''if Hartzell had not shot
Stoddard he would have surely shot
them" Attorney Brynjolfson went
after Mr.. Moellring on cross exami-
nation but he weathered the storm.
Sam Braten verified the testimony
OF John Lemp relating to when they
went to Stoddard's house after the
sheep deal and he threatened TO shoot
them If they diden't get off the place.
Mrs Bascom was recalled to testify
about her talk with Mrs. Stoddard i'm
mediately after the shooting, in which
she had stated that it was IA case of
shoot or get shot"
Seth Hartzell, father of the defend
ant, was the last witness called before
the defense rested its case. He testified
that he talked with Stoddard about the
dog shooting and tried to pacify him,
but that he used very vile language
and threatened the defendants life by
saying II will shoot the s--of------
il he crosses my path"
The defense rested its main case at =
O'Clock p. IN. Tuesday.
STATES REBUTTAL.
The state Immediately opened in re-
buttal by calling James McPhail who
was member of the coroner's jury
and who testified that so far as he knew
Stoddard had a good reputation. He
also said that in company with others
paid particular attention to where the
shot entered the body and arm and
gave it as his opinion that with the
right hand reaching for revolver in
the hip pocket the wounds as they ex
listed could not have been inflicted.
DR.. Gibson and DR.. Brooks were re-
called and testified to the position of
the shots in the arm and body by using
the body of living subject. Both
concluded that the hand could not have
been near the hip pocket at the time OF
shooting.
DR.. Harriss, of Pembina, was given
a lOnghypotheticalq question descriptive
OF the shots il Stoddards body and if
arm could have been extended to the
back in such a case and answered no.
DIR. Gibson was crOSs-eXamined by
Mr.. Sinkler and stuck to his conclusion.
Mr.. Sinkler then put the coat and vest
worn by the victim on his associate,
Mr.. Graham, and the shot holes in the
coat and later in the vest, particularly
i'll the latter, seemed to prove that the
shots could have entered the body as
they did even when the hand was in the
mp pocket. The scene was quite dra-
matte at this time and the court, Jury
and spectators were much interested in
the exhibit. 1t was impossible for the
reporter to make personal examination
OF this part OF the program, but gives
thecOncluSionSa as made by Mr.. Siukler
and not his own and perhaps not that
of the jury.
Allan Pinkerton thought the reputa-
ton of StOddard was good. He also
assisted inmOving the arm of Stoddard
with McPhail, and came to the same
conclusion as to its position when shot.
The road at the culvertwas impossible.
ID. Sunberg also testified that the
water at the bridge cOulie was up to
his buggy box.
A. F. Gardner, undertaken, took
charge of the body; found the Shot in
chin; from his personal knowledge
Stoddard's reputation was good: saw
Sherwin episode when Stoddard was
arrested: did not think Stoddard had
uohC any VblLS very NIODS.
DR.. Gibson was called on the stand:
crossexamined by Mr.. Sinkler, gave
a large amount of technical evidence
in reference to location of shot muscles
of the body and as to answer made in
the preliminary examination. Later
Mr.. Sinkler introduced parts OF Drs.
Gibson and Crooks evidence at the
preliminary examination as exhibits.
Chas. Smith, of Langdon, lumber
dealer, J. NJ. Horgan, farmer, Langdon,
and Frank Moran, oftbe First National
Bank OF Langdon, all testified that the
reputation of Stoddard in that com.
munity was good.
G. Franklin and Daniel SaylOr were
farmers of considerable age who lived
near Stoddard at Blue Earth, MINI.
They testified that StOddard's reputa.
ton in that locality as a peaceful law.
abiding citizen was good. They had
both heard or knew of the indictmen,
and verdict found against Stoddard
for assault in that county.
Highway Notice.
To Il / H. Owens w ID StanIay