The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-10-13

shooting IN MS uirecblon'
The Van Bibber woman was fol.
lowed by Mrs. Sarah Cornett who con-
tradicted her and corroborated In the
essential details the testimony OF Pat
terson and his mother Both Mrs,
Cornett and Mrs. Patterson are aged,
gray haired women, They told the
story In such a manner as evidently
impressed their hearers.
Roe Cunningham, boy, and Mrs,
I'd Patterson and ]. Il. Patterson fol-
lowed. All of them told virtually the
same story. as the elder women, their
recital OF facts being antagonistic to
that of the Van Bibber woman
Deputy Marshal j. 7. Biggers pre-
sented the clothing worn by Qualls at
the time Of the shooting and the gar
mentS were placed in evidence.
Court then took recess.
FRIDAYS SESSION.
Another large crowd was present to
hear the proceedings when court open
ed Friday. Judge GIL received
word that owing 20 the very serious
illness OF the father OF Prosecuting
Attorney Huckleberry that gentle
man would not be present. Attorney
! j. b. Turner assumed the duty OF
representing the government and an
nounced that the prosecution would
rest after Mrs. Sophia and Mrs. j. +.
Patterson were called and denied
that they had ever told any person
| that they had song TO sing that
would be sung in Vinita against the
Prices
The defense was commenced with
the evidence OF John partain who tes-
titled that Qualls was the aggressor.
Deputy Marshal White told Of the
surrender Of the Prices after the
shooting
George Smith. John Davis and Bud
Ledbetter testified to the dangerous
character Of Qualls and Of the fact
that the Prices had largely assisted
in his arrest for COW stealing. Davis
told Of Qualls desperate encounter
and shooting match with a marshal's
posse headed by Heck Bruner.
sam Price and his father David
also testified I'd Price, one OF the
accused. was on the stand when the
noon recess was taken He said that
he had returned from Colorado only a
few days before the shooting and did
not know that Tom Qualls had been
released from Jail He went 70 the
dance with his brothers but was un-
armed There was no Safeguarding
done by them When Qualls told
Patterson he had a right 70 DO as he
pleased on his Own place he had a pis-
tol IN his hand hanging bv his side.
Dan price told bin to PUT It away
Qualls raised II and, as Dan grabbed
for Il. fired two shots By that time
Dan had his pistol out and both be
and Qualls fred together
Both man continued 10 shoot after
Qualls staggered beyond the range Of
light In an eleven shots we're fired.
Ed testified that he did not strike
Qualls or fire shot
The cross-examination Of the de-
fendaHt was taken up b. Mr Turner
when court met IN the afternoon
IA stuck resolutely TO thestory told
on direct examination and was follow
ed upon the stand By his brother.
Both the defendants left a favorable
impression upon the audiece that
crowded the court room and Il IS 70
be presumed. upon the iury also.
Dan Price cOrfOborated the story
told by I'd that QualIs tired tie first
shot and that be had a pistol Ia his
hand that vas hanging by his side
when tie remarks that Occasloned the
row commenced Dan grabbed for
the gun ducking his head as two pistol
balls we're fired lie then drew his
revolver and he tired az the same time
Qualls fred the third shot Both
men then continued 10 shoot Dan nr-
Ing AZ the flashes of Qualls gunshots
in the darkness 4 general denial
vas made ~ r0wdy ism Or the employ.
ment Of obscene language
W. r. Thompson testified 10 the
dangerous character of Qualls as did
Henry Kerr later Both testified that
when they had Qnalis under arrest
for cow stealing &c made threats Of
getting even with tie Prices when he
was released from Jail
Robert Williams. james G. and Jo.
seph y. Yeargan Dick Walker and
Frank paftain testified % the dan.
gerous character Of Qualls, the bad
character for truth and morality Of
the Pattersons, prosecuting witnesses
and OF the good character Of the
Prices for peace and quietness