Courier Democrat. (Langdon, N.D.) 1891-1920, 1905-02-02

| ASkeQ III testimony on preliminary eX-
animation chat l concluded that he in
tended to 60 through the fence at all
hazards was true 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.
Noticed anger when told he could not go
through. There was road from the
Stoddard house south east through the
pasture.
Mrs. Stoddards testimony was con-
cluded at II o'clock Friday morning
She was composed and her answers on
the whole clear and full. Once or twice
she exhibited some emotion as the
dreadful scenes she rehearsed came WV
idly to her mind. Either her memory or
her sympathy seemed to have changed
considerably since she had given her
testimony at the coroner's inquest and
the preliminary hearing. This particu-
larly the case in reference to the testi-
mony as to whether Stoddard had his
hand on or at his hip pocket at the time
of the shooting. In the previous testi-
mony 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 he stood at the
Bascom house to the scene of shooting
was about go 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. He could 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
Stoddard fall. Heard the shot first and
then half second afterwards saw the
flash and smoke of the gun. He stood
on wagon box on the ground about l8
inches high, this testimony while of no
particular Importance in itself, as it is
mostly corrobaration of the fact of the
shooting, is more noticeable from the fact
that the defense afterward put in evil
dence to show that owing to the nature
of the rise in the ground that it was
physically impossible for him to see the
shooting from whore he stood.
Daniel Sundberg who lives some IL
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 about half to a
quarter mile distance but saw what oc-
Cured indistlnctly owing to the distance.
| In the main it was corrobarative 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 were
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 lst. char
acter of each party: End, Threats of
Stoddard; 3rd, the homicide and Incl
dents thereto. Would prove to GER
tainly that Stoddard put his hand un
hip pocket at time of shooting. That
he had made threats, that Hartzell was
a 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 finished.
Mr.. H. H. Mott, Co. Surveyor of Walsh
Co., then produced an elaborate set of
plats and diagrams of the Bascom and
Stoddard farms. Not only were the
farms represented but there were numer-
GUS plats showing the topography OF
various portions of the farms, with the
sloughs, depressions, rises and distances.
with the depth and elevations.
SATURDAY MORNING.
Rev. Tabor of Iowa, an old friend of
the family gave testimony of the uniform
good character of the deft. He was fol-
lowed by S. M. Gardner, Arthur Far
quhar, [co supt,l D. P. Repass ex co
supt, all of Iowa; Rev. w. B. Marsh,
Meth minister A. E. Lindstrom, led
Republican. E. E. Sherwin, H. d. Par
son, nearly all testified to the reputation
of deft. for good character, and most of
them said that the character of Stod
dard was bad. Chas. Crawford. c. H.
McDermott, lex police,] J. D. Salter
[photographerb Arthur Holden, Mr..
Schoenbechler, blacksmith !, l, Kitchen,
Chas. Smith and Geo. Armstrong, all of
Cavalier CO., also testified as to character
of one or both parties.
Andrew Sturm testified to bad char
acter of Stoddard and of a conversation
with Stoddard after the dog was shot.
Stoddard said he would get even with
Hartzell.
TIE. Burke of Langdon insurance
told of Stoddard coming in to the office
apparently seeking advice as to trespass
Burke referred him to an attorney. Was
excited and 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 di
| fculty.