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

west when | had my hands up. Ben
was out on the ground when he was
jabbing the mules. was in the hack
then. ] was afraid of Ben. | had
known OF his being in that condition
before ! knew that when he was
drinking he would shoot me II
made him mad If he was drinking
that way he would shoot me. | do
not know how long | kept my hands
up. ! did not have a weapon of any
kind then. Ben had both pistols. He
had the 40 punching me with it. He
got the pistols out of the grip. We
carried them in The grip. He then
made me get back in the hack and
put my hands over on the back of
the front seat like this Gndicatng)
and he got in the hack and said |
am going back to Marietta. While
/ / was in the hack and he was still
| on the ground / did not see any one.
| There was a man passed us there before
we left there. II was the same man
we had passed before that. His name
/ Is Hall I understand. The team was
| facing the east during all this time.
ben and were sou;>l OF the hack.
| Yes. at the time ne mad me standing
there with my hands up. South of
the hack. The man passed there in
/ the wagon few minutes after I got
| back i'm the hack think the road
was open there for 200 yards back
Of us. When Mr.. Hall passed he
asked If we had broke something and
Ben mumbled out some reply and
looked at me. | was going to ask
him to stop but Ben looked at me and
was afraid to. | think | spoke to Mr..
Mr.. Hall; said howdy-do. | aimed
to stop Mr. Hall if Ben had not looked
at me. After that Ben got back in
1.-The hack and started back to Marietta.
lie said that he was going to Ma
rictta and 1 told him alright. We
went back for a little piece and he
Iagain said that he was going TO
Marietta / said alright so back up
lrg Mr.. Asknws and / will get his
team and go ON home. He said you
lgct out of here. YOU are so God dam
Iccr;rary You can walk back to Tom S.
did not think any thing about the
things in the hack. | got out and
Istartcd to Toms He wheeled the
mules and took out after me after
had gone little way. The mules
were facing the northwest a little
Iwncn | got out. After he wheeled
them they We're iacing the south. He
started to drive west when we first
left the place where Han passed us
After that he stopped the hack and
cot out and started up the road.
WIS going west was going bact
10 Mr.. Askew's. That is when We
= got nto this trouble. (Here the de-
fenGant broke down and it was some
time before the hearing could pro
needD / think we were about six OF
trouble began that resulted in tn,
l death of Ben. | was trying to get I'm
der the fence when he caught me
| IL was a wire fence. was tryins
I to get away from Ben. Ben had Z
: pistol then. He had the pistol In hi!
S hand haloing TO me to halt. He run
t the team aaginst the fence and jumped
e team up against the fence and jumped
/ sat. lie headed me off there He
S lhad the pistol pointed at me then
e He was between me and the fence
: lie run right up to me. He run nj
+ to me and commenced to jah ms
l with the pistol again. ! grabbed
4 lhuld of the gun he was punching mn
! with and tried to take it away from
D ham and at the same time he was try
e ing to get the other gun out OF hi
e hap pocket. We got in wrangl'
t there and ! got the gun away from
{ him. Ny arms were around Ben a
I the time ] got the gun and at th'
I time the gun was fired. | grabbed
: Ben with one hand and the gun will
e the other and we were scufiiing owe
e The gun like this
S Here Mr.. Eddleman, one of the at
. torneys for attendant represents Bel
4 Stewart and the defendant shows thu
. positions occupied by himself ant
,. brother at the time the gun was dis
0 charged.
'- After indicating to the court tn
j. manner in which the killing occurred
e tie defendant again broke down an,
n II was some time before the cas-