Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-01-26
SYNOPSIS OF TESTIMONY.

called by the state. he is Co. Sur
veyor of Cavalier county and his evil
dence was to verify plat of the two
farms which was introduced in evil
dence and which. in general is similar
to the plat we give in this account.
DR.. ). C. Gibson, coroner of Caval-
Ter county was the next witness. He
told of being called to visit Stoddard's
house by +. T. Bascom on the evening
of the tragedy. He saw the body and
made slight examination of the re-
mains. Opened the shirt and felt for
pulse. Stoddard was dead but body
was still warm. He then went to the
place of shooting. Found a double
barrelled shotgun on the ground and
a pair OF wire cutters standing on end
in the ground. Both few feet apart
and from a post that appeared to
have been hit by shot The gun had
one empty shell in it and the other
barrel empty and clean. Hartzell
also gave Gibson the revolver he had
taken from Stoddard's pocket. Glib
son took possession of the guns and
nippers and identified the same as
those produced in court and made
exhibits in the case.
DR.. Gibson and DR.. Brooks also of
Langdon told of the post norton
which was made on the following
morning. The testimony Of both was
similar and to the effect that they had
cut the clothes from the body that were
shown in court and identified by them
and made exhibits in the case. They
are coat, vest, shirt, trousers, stock
ings, shoes and some miscellaneous
articles found in the pockets. The
clothing of the upper body, particular
ly the shirt was saturated and stained
with dried blood and were anything
but pleasant objects.
The doctors testified that the brain
and intestines were normal. That SIS
shot perforated the skin, of which II
were in arm and % in the back and
several in the breast. All of them
went In at the right and went to the
left. according to this testimony
Stoddard must necessarily have stood
nearly sideways to Hartzell with his
upper right arm against his side pro-
tecting the region Immediately under
the arm. What the position of the
lower arm was at the time will per-
haps be one OF the most important
questions yet to be settled by evidence
and the jury. The positions and
and places and directions of the shot
wounds were gone into pretty closely
by the attorneys on both sides but
the doctors had but little detailed in
| formation to give them to settle this
very vital point. They will perhaps
be called again to go into this matter
| more closely.)
DR.. Gibson testified that when. at
the post where the tragedy occurred
that the lower wire of the fence was
repaired and stretched and the upper
wire was also stretched and on 1t was
a wire stretcher but did not know If
the stretcher held the wire together or
| il il was spliced. When going TO the
Stoddard farm that night he went by
| the straight road and when he came
to the culvert which was being repair
ed he turned ont and went around the
culVert through Bascom's door yard.
The grass was pressed down near
the post at the place where the homi.
eide occurred in one place as though a
heavy body had lain there.
| The upper wire of the fence was
about three feet from the ground.
At post norton had extracted three
shot from arm, about No. / or 2 in
| size, same were shown and identified
and made exhibits. Shots on arm
were from point inch below point
of shoulder to four inches from elbow.
Two shots perforated the heart, seven
or eight the lungs and one perforated
the aorta.
| Allan Pinkerton, next witness, was
sheriff of Cavalier county at the time
OF the homicide. He went out to the
house that evening. Went by the
| straight road. Got out and walked
over the culvert while his buggy was
being driven around. Most of Mr..
Pinkerton's other evidence was in
| Identification of exhibits of clothing,
guns, etc., which had been in his
charge since the inquest and examina-
ton.
Mrs. Phippen testified that she and
husband rented one-half of the Stod-
dard residence. She was in the kitch-
en- washing dishes when she heard the
buggy drive up to the door. She went
out and saw Hartzell and Bascom with
Stoddard apparently dead supported
on the seat between them. Stoddard
was in a partially crouching position
with mouth open and eyes shut. Mrs.
Phippen exclaimed "What have you
done", There was no reply and she
repeated the remark. Hartzell said
~ have shot him. Cross examina-
ton brought out that Hartzel said
that i've for II had TO do It," Hart
cell and Bascom took the body into
the house and laid il on the lounge
She again asked Bascom why they for
hel had done it? and he also answered
that they Tor vel had To do IL. The