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

of the chambers; there were no un-
emptied; / could only tell the two
chambers that hid been fred; In
other words the two empty chambers
bore the evidence of recent dis
charge Of bullet; it was a dry night;
the powder was wet or moist; ! can
not tell when but can tell when a
gun has been recently discharged;
for "a hours you can nell the pow
der: II was clear that night; two
weeks or ten days after the dis
charge you can run your hand In there
and get the powder out and II wont't
smell; YOU cant tell the time to the
minute. you can come within twenty
four hours and it was recently fired.
Mr. Wilson. the next witness, tosti-
ned as TO- ws:
Direct examination. | live at
Marietta; am a deputy city marshal,
was mp a. the place o. the killing on
the lith day OF August; saw Ben
Stewart: he was i'm the hack; looked
at his wound, looked at the shirt he
wore that day; H. was on him when
first saw him; the sleeve Of the shirt
seemed To be burned considerably;
and later at the undertaker's 1t show.
ed like 1t was burned about the size
OF a half dollar and the sleeve of the
shirt where It went over the wound
on the side. this shirt Indicating
IN eshirD looks to be the same shirt;
was present in Marietta when the
deputy marshal had these guns;
ne taken four cartridges out of
that one. and took the automatic out
and laid it in the vault; | examined
that one Indicating the i5D; | noticed
the chamber in the gun that had the
four cartridges in it had been recent
ly discharged as there was fresh pow.
der in the barrel. It would slip, it
was fresh; have seen other powder
burned wounds, a good many; have
examined garments through which
powder was shot; could not say
how fap, but from my knowledge
would Say that a gun would have to
be within to ~ inches to make a
powder madk on the garments and
body of Ben Stewart
Cross examination: / was not in the
room just now when Marshal Porter
was tcstiiying; never heard his testi-
mony; never asked him what his tes-
timony would be one chamber in par
! ocular bore evidence Of being dis
charged; it must have been nine
o'clock when examined It; have had
experience in this matter; discovered
! chat one OF these chambers had been
recently fred; examined IT four, five
! Dr six hours before midnight, | have
been a soldier; can tell within "A
| hours when gun was discharged; if
| it has not been handled 1t slips;
couldn't tell by examining the gun
whether it had been shot within "a
hours; according to my examination
o.. this gun 1t was discharged within
few hours. | reached that conclu-
sion that evening when | examined it;
| there were four of these cartridges
| taken out; that looks to be the same
| gun; that Is the other gun (referring
TO the AutomatiC); seven or probably
nine cartridges were taken out of 1t;
| don't know; | never rad my hands
on one and never intend tU. was out
to the place of the killing; | went out
after Mr. Noryell did; | met Cal a
half mile from the killing; Frank Col.
well and Frank Butler We're with him
NJ c. Noryeu, the next witness
testified as follows:
Direct examination; am a deputy
marshal. My official residence is Ma
rietta. | first heard about this trouble
| suppose about j:30, maybe a little
later than that; Hunter Cochran
phoned me that some one told him
Ben had been killed; we got buggy
ard went out; when We got out there
Mr. Free and Cal Stewart was there;
. walNcd up ana looked at Ben ad Cal
was sitting east OF there and asked
who did it; and | told him to brace
up and tell Us something and tell us
where It was at so we could so to
work, and Cal looked around and point.
ed to where the road run east and
said over there somewhere. Said Ben
get out TO make cigarette and when
he went 10 get back somebody shot
MIN from over in the cotton patch
and ne said Ben says II YOU can get
me back TO town / believe | will live
and he started to take him to Mari
n