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

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the more prosperous class Of farmers
from all over the county.
JURORS CALLED. CHALLENGED BY.
Joseph Anger, Court for cause.
Kr. Geir, Deft.
Jas Sisson, st Joseph,
Donald Beaton, Carlisle,
L Haight, State.
N. O'Shaughnessey,4 z,..... u Deft.
Robt Craiger, Avon,
Jas Rogers, State.
w R Andrus. Midland,
wv I Watts, State.
G B Olgierson, Daft.
John Hillman, Deft.
H N Lee, Court.
"A D Storms, toilette,
Ezra Van Camp, st Thomas,
! S Johnson, Deft.
H c Thompson, Bowesmont,
Ernest Pariseau, State.
Saml Haddock, State.
chas Gilroy, Court.
"A D Gibson, Deft.
b Flanagan, stokesville,
Jos Shaw, Deft.
II Emerson, Deft.
Daniel Snyder. Walhalla,
Jas Quineil, Court, (sick)
VIM McIutosh, Deft.
Robt Hall, Deft.
F E Herbert, Def.
John VALENTINE, State.
F A Halliday, Deit.
Stephen Soper, Crystal,
Adam Norton Deft,
John Rowe, Hamilton,
Fred Weiss, Dett.
Sig Sigurdson, Deft.
c Kibler, state.
WI Louden. Neche.
The following were accepted:
las .Sisson. Donald Beaton,
Robt Crager. w r Andrus,
A D Storms, Ezra Van Camp,
H c Thompson, D Flanagan,
Daniel Snyder, Steph. Soper,
John Rowe, w ] Louden,
The jury were given IN charge of four
bailisfs Messrs Ashley, Holm, Walters
and Harris. They are to be kept togeth-
er during the trial and occupy the court
room where cot beds have been pro-
vlded, Mrs. Ardies provides them meals
in the dining room OF the jailor's resi-.
dence.
|. ATTORNEY cLEARY OPENS FOR STATE.
Wednesday morning at $50 Attorney
Joseph Cleary of Langdon opened the
case very briefly for the state, OCCUPYING
but 20 minutes.
He spoke eloquently as we'll as con-
cisely. He began by telling the Jury that
they were assembled for very solemn
and perhaps disagreeable duly, but as
citizens the duty had come to them. In
many respects it was by the circumstan-
ces an ideal jury, as they were strangers
to the parties, and came with clear un-
prejuGiced minds. The counsel for the
state also came without prejudice, but
different from the jury they knew the
facts and it was their duty to prove them
to the jury. Mr.. c. then read the in
formation filed against Seth Lewis Hart
zell and Edward T. Bascom charging
them with murder in the first degree by
shooting Byron U. Stoddard with malice
in the usual formal language OF the law.
OUTLINE OF CASE FOR STATE.
+ He then briefly outlined the story of
the homicide as they expected to prove
it. That the seat of the tragedy was
within two miles Of Langdon and on the
road west. Hartzell and Bascom occu-
pied quarter section north Of the road
and Stoddard the quarter directly south.
On the afternoon Of July 7th, 1904, the
highway at the east end Of the farms to-
wards Langdon being out Of repair,
Stod ddard and his wife started from home
to go to town about 3 o'clock and in
stead Of turning east to 60 to Langdon,
turned to the west until they reached
the section corner, then they went north
distance Of about 80 rods. then turned
to the east and cutting, passed through a
wire fence belonging 10 the Bascom-
F EHartzell farm, went diagonally southeast
across the farm to- q point about 20 rods
north Of the south east corner Of the
Bascom farm and there passed through
another wire fence on to the main high
way. Retur ming from Langdon about
SIX O'Clock they retraced the same course
across the farm Of Bascom and IIartzelll
and went home to supper. After supper
|Stod ddard again hitched up and with his
vile started again Tor town again taking
~ i me fI1tltes Nhen hA 81 t,;uar3 ~ e.,