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

while Bascom did the same with revol-
yer, crying at the same time for Stod-
dard to hold up his hands. Stoddard re-
piled once, ''oh yes" but was unable on
account of his arm being wounded.
Mrs. Stoddard said to Hartzell, ooh
Leslie you have killed him." he replied,
81 am afraid have," Stoddard asked to
be put in the buggy and taken home.
Mrs. S. said to them 'Why did you do
this?" Hartzell said, II had to-" Mrs.
S. said "You could have let him 20
through and then went to town and had
him arrested" Hartzell replied, Il told
him before that he could not 60
through" After They had taken Stod.
dard away Mrs. Stodda:d took Bascom
and Hartzell's team and drove to the
Bascom residence.
Mrs. Stoddard was subjected to a
S searching cross examieation. She stated
that the revolver that Hartzell took from
Stoddard's pocket after the shooting
when he was on his hands and knees,
was the one that she had given Stoddard
at his request when ee started to town in
the afternoon. Mrs. S. was unable to re-
member much if any threatening lam
guage used bA her husband on the way
from the. house to the place of the shoot
ing. But on being read from the min.
utes of the coroner's inquest and the pre-
linn mary examination she admitted that
the most of it at least must be true
though she could not remember it now.
The language was to the general effect
that he intended to go through the fence
at all hazards in spite Of Hartzell and
Bascom. Mrs. Stoddard said she was
badly frightened at the time she jumped
from the buggy. On the road she had
demonstrated with her husband for going
where the boys were as there was sure
to be trouble. On the preliminary exam.
ination she had testified that Mr.. Stod-
dard had his hand on his right hip pock.
ct at the time he was going towards
fence but did not think she had so testi-
fed until it was read to her. The gun
was one tina, Mr. Stoddard always car
ried. He had asked her for it that at
ternoon when they started for town.
Asked if testimony on preliminary ex.
animation ''that concluded that he in
tended to go through the fence at all
hazards" was Itrue she admitted it.
Smelled liquor on his breath at supper
time but he appeared sober. By the
manner of husband he appeared angry
when going. to the place of shooting. No
ticed anger when told he could not go
through. There was road from the
Stoddard house south east throu ugh the
pasture.
Mrs. ,Stoddards testimony was con-
cluded at II clock Friday morning.
She was composed and her answers on
the whole clear and full. Once or twice
she exhibited some emotion as the
dreadfu scenes she rehearsed came viv.
idly to her mind. Either her memory or
her sympathy seemed to have changed
considerably since she had gwen her tes-
timony at the coroners inquest and the
preliminary hearing. This particularly
the c 'se in reference to the testimony as
to whether Stoddard had his hand on or
at his hip pocket at the time of the shoot
ing. In the previous testimony she had
stated directly that his hand was there,
while in the present testimony she took
that statement back as being wrong.
Joseph Bergman who lives in Cavalier
county some distance from the Bascom
farm, but was there on the day of the
tragedy running the pile driver and stay
ing at the Bascom house. He saw the
teams as they started from either house
on the evening of the shooting and
watched them as he WAS expecting
trouble. from where Ee stood at the Bas-
com house to the scene of shooting was
about 60 rods. There was slight rise
in the ground between the places but he
was able to see the upper part of the
bodies Of the parties. Hecould. see the
teams, saw the persons get out OF buggy
on either side, that one was man and.
the other woman. saw Hartzell point
the gun, saw the shooting. Saw Stod-
|dard fall, Heard the shot first and then
u half second-afterwards saw the flash
and smoke Of the gun. He stood on q,
wagon box on the ground about 10 inch
e high. [,his testimony while of no par.