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

ticular importance in itself, as it is most
ly corrobaration OF the fact of the shoot
ing, is more noticeable from the tact
that the defeEse afterward put in evil
dence to show that owing to the nature
of the rise in the>ground that it was ply
sically impossible for him to see the
shooting from where he STOOD ).
Daniel Sundberg who lives some II
miles west of Langdon was driving TO
town with his sister and brother the
same evening. and came along just at
the time of shooting at about a half to
a quarter mile distance but saw what oc.
cured indistinctly owing to the distance.
In the main ii was corroberative of the
principal facts. He also went to the cul-
vert that was being repaired and con-
cluded it was impossible and went back
and round by the same way that Stod-
dard had travelled but the parties We're
all gone when he got there.
DR.. Gibson was recalled and testified
to the fact that there were no shots un.
der the arm in the arm pit. Also that
the clothing was in same state in the
morning as in the evening before. That
the shot made scar for half or quarter
inch before entering the body.
AT this point the state rested.
Atty. Sinkler opened for the defense.
His plea was to be self defence. The
topics of the defense would be 1st. char.
acter of each party; End, Threats Of
Stoddar.; Bird, the homicide and Incl.
dents there to. Would prove to a Ger.
tainty that Stoddard put his hand on hip
pocket at time of shooting. That he had
made threats, that Hartzell was man OF
the best character and that Stoddard was
the opposite. Mr.. Sinkler in referring to
testimony of state, got rather to arguing
the case instead of stating his side and
was called down by the other side. He
was quite eloquent at times and from his
preliminary speech gave promise OF an
interesting closing when the case is fin.
iseed.
Mr.. H. H. Mott co surveyor of Walsh
co then produced an elaborate set oi
plats and diagrams ST the Bascom and
Stoddard farms. Not only were the
farms represented but there were numer.
Gus plats showing the topography OF
vaaious portions of the farms, with the
sloughs. depressions, rises and distances,
with the depth and elevations.
SATURDAY MORNING.
Rev. Tabor of Iowa, an old time friend
the family gave testimony Of the uniform
good character of the deft. He was fol-
lowed byS, M Gardner, Arthur Far
quhar, leo supt], D. P. Repass lex co
supt], all of Iowa; Rev. w. B. Marsh,
meth minister], A. E. Lindstrom, led
Republican,, E. E. Sherwin, H. D. Par
sons Langdon, testified to the. reputation
OF deft. for good character, and most Of
them said that the character of Stoddard
was bad. Chas. Crawford, c. H, Nc
Dermott, [ex-police], ]. B. Salter [photo-
grapher], Arthur Holden, Mr.. Schoen.
bechler, blacksmith, I. Kitchen, Chas.
Smith and Geo. Armstrong, all of Cava-
lier CO., also testified as to character OF
one or both pa; ties.
Andrew Sturm testified to bad charact-
er of Stoddard and of a conversation
with Stoddard after The dog was shot.
Stoddard said he would get even with
Hartzell.
T. E. Burke of Langdon insurance.
told of Stoddard coming in to the office
apparently seeking advice as to trespass.
Burke referred MIN to an attorney. Was
excited aud said he was going through
the fields. David Jones corroborated
the'testimony of Burke as he was pres.
ent.
Arthur Holden and Messrs Mcdonald
and Broderick testified to the condition
of road at the place where it was being
repaired. the two latter, having gone
along with buggy and team without diff
Guilty.
: Mr.. Vweer met Stoddard on road who
told him road was impossible, and fol-
lowed Stoddard through the field in af.
ternoon and saw him cut the wires at
either end. 45 5 5,. 4
Mr.. Workenten crossed the coulee on
that day with load Of barley. ~ .5. a..
Mrs. Bascom sister Of def. and wife 81
Bascom told Of the dog shooting. Hart
zell shot dog on Decoration day belong
ing to Stoddard, because the dog had
been chasing chickens but did not kill
dog. Stoddard left plowing went "a
hohse and then came at once to Bas-
con's. Hartzell retreated to house as
afraid Of -Ssodd daTd Stoddard wanted
Hartzell TO come ont but HI. refused I'D,
less he would put away his gun. I1atsr