Courier Democrat. (Langdon, N.D.) 1891-1920, 1905-01-26

but as citizens the duty had come to
them. In many respects it was by the
circumstances an ideal jury, as they
were strangers to the parties, and came
with clear unprejudiced 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 information filed against
Seth Lewis Hartzell and Edward L.
Bascom charging them with murder in
the first degree by shooting Byron U.
Stoddard with malice in the usual form
al 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 a quarter section north of the road
and Stoddard the quarter directly south.
On the afternoon of July 9TH. 1904, the
highway at the east end of the farm to-
wards Langdon being out of repair,
Stoddard and his wife started from home
to 60 to town about 3 clock and instead
of turning east to 60 to Langdon. turned
to the west until they reached the sec
tion corner, then they went north dis
tance of about 80 rods, then turned to
the east and cutting, passed through a
wire fence belonging to the Bascom-
Hartzell farm, went diagonally south
east across the farm to point about 20
rods north of the south east corner of the
J Bascom farm and there passed through
/ another wire fence on to the main high
way. Returning from Langdon about
six o'clock they retraced thesame course
across the farm of Bascom and Hartzell
and went home to supper. After supper
Stoddard again hitched up and with his
wife started again for town again taking
the same route. When he arrived at the
! place where he went through the wire
fence on the west side of the Bascom
farm he found Hartzell and Bascom re-
pairing the fence, and they had one wire
mended and the other connected by a
wire stretcher. 1T was a two strand
fence.) Stoddard said Boys. are you
| not fixing that fence little too soon.
} 81 guess not" the replied. "Are you not
going to let me through?" said Stoddard.
"No." was replied. There was some
more talk along this line. Then Stodd-
ard gave the lines to his wife after driv-
[ ing along two or three fence posts. He
then took pair of wire clippers and
getting out of the buggy started for the
fence. Hartzell called, "Halt, halt. halt
and fired. He died within few minutes.
1 Mrs. Stoddard had $50 gotten out of the
buggy and was just coming around the
I rear wheel, saw the fash and heard the
report of the gun. She saw husband S
right hand hanging down and then he
l reeled and fell. At this time Hartzell
and Bascom one with the gun and the
other with revolver hollered to Stod-
. dard to hold up his hands. Hartzell then
came to Stoddard and took revolver
from Stoddard's hip pocket. Both then
$ put Stoddard in the buggy and took
him to his own home. Stoddard was
dead by the time he arrived there his
last words being to ask to be taken home,
After this outline of the story Mr..
Cleary appealed to the jury not to let
> sympathy for either party to sway their
judgment. The fact of the aged father
of the defendant, or the wife and child
of Bascom, or the widow of Stoddard or
3 his orphan children being present should
, have no effect. Their sole duty was tc
f judge between the state and the defen-
: dant on the evidence as it fell from the
: lips of the witnesses and accept the law
3 as laid down by the court.
SYNOPSIS OF TESTIMONY
A. B. Darling was the first witness
!, called by the state. He is Co. Surveyor
: of Cavalier county and his evidence was
to verify plat of the two farms which
: was introduced in evidence.
. DR.. S. G. Gibson, coroner of Cavalier
county, was the next witness. He told
, of being called to visit Stoddard's house
by E. T. Bascom on the evening of the
tragedy. He saw the body and made a
slight examination of the remains
Opened the shirt and felt for pulse
Stoddard was dead but body was still
warm He then went to the place OF
shooting. Found double barrelled
shotgun on the ground and pair OF
wire cutters standing on end in the
ground. Both few feet apart and from
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 Stoddards pocket
Gibson took possession of the guns and
nippers and identified the same as those
produced in court and made exhibits in