The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-09-18

they are drinking would make man
kill his daddy"
Witness excused.
Calvin Stewart, the defendant, be
ing first duly sworn in his own be
halt testifies as follows:
Direct by Col Russell
My name is Cal Stewart. ! am "a
years Of age My home is at Holder
am the defendant in this case.
know what / am charged with. ! am
q man Of family I have a wife and
one child. Ny mother lives with me.
live about 300 yards from the town
.Cf Holder. | have lived there all my
life. was born down there. ! am
"a farmer. Ben was 2S years old when
he was killed. Zen lived with me.
Ben owned a farm there. He had an
allotment there. lie was a single man.
He was killed ON Tuesday, August a..
We left home on Monday morning be-
fore that We came from Marietta
to Ardmore. We left the hack in a
livery stable at Marietta. We never
got back home. We started back on
TUESDAY. We started back from here
on the neon train. II was little late
that day | did not have any whiskey
with me that day. / did not
Lluw tha' Ben had any whiskey
at that time. lie had some when we
left here that day. He had pint
when we left here. Mr.. Washington
and Mr.. Black took a drink there at
the hotel. We had no trouble that day.
lie told me that he had got into some
trouble The night before. lie wanted
! I, stay here that day and ! wanted
him to 20 home with me. The last
Iulace W. had any conversation about
his conduct was at the depot. | know
| Harry Ballard | know when the
train came in that day. was talk
mg To- GEORGE .c.uilan there at the
depot. do not know who was talk-
Iiug 10 Ben at the time | was talking
I,u MCNiun When we got back to
Marietta We bought some groceries.
/ We purchased them for the folks.
think there were three hundred pounds
|of -four in the lot. 1t was two
seated hack. 80 cover on it, We had
'unc grip. It was in the front end
Ben was driving. was in the back
Iseat. Mr. Rhodes and his family went
ICIt home in tho hack with us. After
they got out there was just Ben and
! left in tie hack. Ben continued tC
80 the driving. We went from Mr.
IRrCdes down TO Tom Askews after
Ihc girls. Three sisters II was no
the mnm road The girls were there
lat Askew's but did not want to gc
home and Tom was to bring then
home the next day. We started Ol
home in the hack. Ben was still dirk
Ing. / was I'm the back seat. Afte
we left Mr. Askew's Ben asked me i
II wanted drink and / told him no
I'VE went on little piece and he tool
another drink of whiskey. | said
Ben, you should not drink so mucl
of that whiskey. You will get drunk.
He began to cuss me and said you AM
Tom Askew are always after me abou
drinking lie said | am not goinj
back after the children. Tom ha
got to bring them home lie said
, Mr.. Askew would not bring them hom
he would not go after them. | toll
him Mr.. Askew would bring the girl
home. He then began to cuss m
again and said that he was not goin
, home that he was going back to Ma
rietta and go to Gainesville. | sal
no, let us go on home, and Ben sal
you are so God damn scarry | toll
him that | did not want to 20 L
me again and said If you don't lik
T what | have said | will put you out q
here. Ben said if you don't like wha
said and the way | do ! viii shoe
e. your rump on That was out east o
; Marietta. He then finished drinkin
up the whiskey and threw the bottl
away The first time / saw him tax
drink was when | told YOU. wa
not with him all the time in Marietta
: When we started home he appeare
to be sober | did not take drin
of whiskoy at all lie got mad at me
lie said he wanted to 20 back {
Marietta and go to Gainesville. | r'
member passing a man on the run
ming gear of wagon. After W
. passed The man on the wagon BE
! began 10 fight the mules, They bega
4 to run away. lie got them stoppe
S and then jumped ont with my pisto