The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-08-28

WOunO was pOWutI buIHtut nave seen
what is called powuer burn on the
flesh or "A garment; have not had
great deal Of experience with guns
and with clothes and wounds that are
powder burned; / wouldn't state posi-.
lively. think Il wouldn't burn far;
/ do not think 1t would burn as far
away as 2U feet or 900 feet: have new
or had any personal experience with
powder burns. when ! got there Ben
was on the ground Cal was right east,
FIVE or six feet east Of him. al that
time did not know where the - cal
ibrc gun was. di1n make any search
OF Cal then; didn't see any gun at all
when | got there, | never noticed any
grip; Cal never told me anything.
We went over IN @ cotton patch and
when We got back they had put Ben
in the hack; the colts and the auto
matte took off from Cal, the ij was
in his pocket, both Of these guns
were taken off from the defendant;
one ! turned over 90 Porter that night
and the other next morning when Mar
shal Porter came TO Marietta; | am
the officer he received them from;
made an examination OF this gun Cthe
lj Colts to discover whether or not
.. al been discharged recently at that
time and place; after took the gun
of from Cal | unloaded it, taking four
smells out, one or bOtn OF the empty
shells had been recent shot, one /
am sure had, but ! won be positive
about the other one; I handed this
gun in after o'clock that night, |
came up on the night train; was pres
ent W en- Marshal Porter made an ex.
animation to see whether or not that
gun had been recently shot; his ex.
animation was of the 40 caliber gun;
did not have any conver alton with
Cal Stewart with reference to either
of these guns at the time | took them
off m; he did not say anything;
mink Cal was sober; ! saw him at
the hotel; he had been drinking: |
believe he was taking to Clint Ora.
nam. Clint asked him if there was
anything ne could do for him: ne told
Clint 10 let his folks at home know;
at the killing ! asked Cal who did 1t
and he said he didn't know: he said
.t was close up there to those trees
up in the field and he seemed to be
very much at heart. this patch Of trees
was $50 yards from where Ben's body
was | think this revolver (automatic)
had not been discharged at all: !
took it off from Cal Stewart is all
know the automatic hadn't been dis
charged but was fu. loaded; | did
not at Marietta at the hotel see the
valise we have been talking about
here; the defendant Cal Stewart did
not talk at or converse with me with
reference to one OF these reyolvers
bein gtaken from the valise; I think
have told all / know on It,
Cross examination: Cal told me that
the shots came from the direction OF
the patch of trees; | didn't say that
Cal said the man was at the patch of
trees, he said tney came from that di-
rection; how far away or how close
he didn't indicate to me: | did not eX-
anime this A. that night after taking
it from Cal Stewart in that was four
cartridges; one chamber didn't show
so much evidence of having been dis
charged as the other; Mr. Wilson, the
deputy city marshal was there pres
ent with me; did exmine that gun,
could not tell sou any length of
time; | think ii was discharg-
ed in the afternoon. of course it was
three or four hours, that is my opin-
ion, | have never before seen clothes
that were powder burned; think
have detailed all know about this.
Hunter Cochran, the next witness,
testified as follows: Direct examina-
tion; Am a deputy marshal; my Off
clal residence is Marietta; was up 10
this killing on August lith; when
got up there | saw Cal and Mr.. Free,
suppose his name is; Ben Stewart
was dead he was lying on the ground.
nc, his head was on buggy cushion;
well, we drove up tLere and Mr.. Stew
art was sitting there crying; yes,
got down and walked up to him and
asked him how this happened and
he said somebody killed his brother
and | asked him if he knew who it
was, he said they had shot his brother
from the cotton patch, and we looked
at his brother and went on 10 lock for
tracks in the cotton patch and while