Newport daily independent., 1903-02-10

| and defense rested upon the presen- tation of testimony and offered their respective instructions to the court. It is expected the case will go to the jury some time Wednesday morning. Following is the condensed testimo- ny of witnesses heard Monday after
 noon and night and that of Tuesday will be given in tomorrow's issue:- WALTER MADDEN. l The first witness called upon Mon day afternoon was Walter Madden, of Cow Lake, who testified that Cole told him on May that he was going to kill Rufus Johnson if he had to go under his bed after him. This threat was told Johnson by the witness, because he thought Cole would make good his threat. Cole wanted Madden to har- Dor him week if he killed Johnson, whom he thought had money on his person.
 l On cross examination, denied hav- ing told either Johnson or attorneys of what he testified.
 l MRS. LULA HOSTLEToN Mrs. Lula Hostleton, of Richwoods, told of threats made by Cole against Johnson one week before the killing. On cross examination, stated that she was intimately acquainted with l Mrc CoIo opI Mrc TLo,,oc l FRANK SANDERS. l Frank Sanders testified that on May 10th, he with A. Thomas was hunting horses and met Cole with gun, and Cole said he was going to kill Johnson before the sun went down, because he refused to supply him. Met Johnson on the bayou and told him of the | threat.
 On cross examination denied asso citation in business with Frank Carr. JOHN HOWARD. John Howard testified that Cole ate dinner with him May 10th; latter had said he was on his way to Manning's to pay off fine and had his gun with him. Witness saw Johnson 15 minutes later with son Rufus, and told him l where Cole was going and Johnson re- ferred to meeting Cole in the road. | Witness stated that when Ball and Cole left, the latter was carrying a shot gun.
 WILL MANNING. Will Manning was recalled and tes- tified as to relative location of differ ent points connected with killing on map of Jackson county.
 WILL M'KLIsH. Will McKlish, of Cow Lake, testified on morning of May 10th, while hunt ing cattle with Rufus Johnson and son, they had met Cole with Ball in the road about 10 o'clock a. m., when Cole said to Johnson: "Give the road G-d d-n you," and pointed his gun at Johnson, which Ball took away from him. They then passed by and noth- ing was said.
 On cross examination, witness stated that meeting place was miles from home, that they had gone home in half hour and had dinner.
 RUFUS JOHNSON, JR. Rufus Johnson, Jr., son of the de- fendant, testified that with his father, they had met Cole in the road with Ball and the former had drawn the gun on his father and said "Clear the road, G-d d-n you" Ball then wrenched away the gun and refused to deliver it to Cole.
 MRS. PEARL THOMAS. Mrs. Pearl Thomas, wife of Ben Thomas, was sick in bed on May 10th, testified that when Cole and Ball, the latter walking ahead, went out the gate which swung outward, Cole reached back for the gun with his left hand while Ball was closing the gate with his left and held the gun in his right. A second later, she heard the shots fired. Her husband was not at home when the shooting occurred.
 On cross examination, witness stated bed was in same place following week as on the date of the shooting, but