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

Der the time OF the day passed lbeIe'
IT must have been or 10 o'clock
passed along In the lane about seventy.
five Yards from the house; - or 20
from the gate. did not see Cal that
morning as passed there. saw him
as ! came back about ~ o'clock. Mr.
Stewart was out at the front gate
talking to Dr Bray do not know how
long he had been there. Bray was in
buggy. do not know the exact time
/ passed there first that morning.
u must have been between 9 and 10
o'clock n Us three miles from where
! live to where Cal lives and / never
get away very early Or. Bray lives at
Damon He was at Stewards as !
camc back Was talking 10 Cal out in
the road Cal was either sitting ON the
whcol or leaning against it. know the
present condition of Dr. Bray's wife.
She is I'm very delicate condition and
is expecting TO be confined at any
time. He is staying very close 20
home. when ! saw Cal that morning
he was in his undcrshirt stopped
there at the gate and talked with him
ana Bray Cal asked me to stay ior
Inner. ! know mat he was dressed in
an undcrshirt
Witncs, excused.
Sam Black, being first duly sworn,
| testified as follows on behalf of de-
! lcndant
Direct by Judge Potter:
live at Marietta know Cal Stew
art and / knew Ben Stewart in his
life time. | saw Cal and Ben in Ard
more on the day Ben was killed. Il
was about noon when | saw them.
! first met Ben i'm the wash room at
the Wilmington hotel He opened a
little door there and said come horc.
He had pint of whisky and asked me
| IL I wanted drink. About that time
Cal and Claude Washington walked
mp and Cal said sam. that's squir-
REL" ! think there had uoon about one
druE taken from the bottle when /
rst saw &c. Cal did not say anything
TO Ben thcrc that heard. Claude
Washington was I'm there with them
when left. Cal auu Ben Icit the build
ing and Claude aud went on to the
wash room. ! don't know whether Ben
tool, a drink or not. think all parties
took a drink. am not positive Of that.
Cross by Mr.. Walker: I am in the
bank there at Marietta. The First Ma.
tonal. have lived there close to
% Years. ! have known the Stewart
boys for T. or 10 years | knew
them both intimately. ! am good
friend of the defcu liant, Cal Stewart
zen handed me the bottle Ben, Ca
and ,,audc Washington were in there
when took the drink was going tc
the wash room when met Ben there
J do not remember to whom re
turned the bottle.
Witness excused
ollie Rhodes, being first duly sworn
tostihos.
Direct by Mr. Russell:
live two miles from Marietta
know Cal Stewart. | knew Ben in hi,
life time know Granville Young. II,
is negro. saw Granville the mex
day after Ben was killed. He told m,
that he had witnessed some trOubl,
between Ben and Cal. He told m
that he had taken a pistol from eacl
OF the boys AMI gave the guns Il
their mother and told ner not 20 le
them have them again. He told m,
that he disarmed both of them an,
gave the pistols to their mother.
had that talk with Granville the da!
after Ben was killed.
Cross examination by Mr. Walker
live at Marietta. | am a farmer
| have known Cal and Ben Stewart fo
10 l6 or II years. Their farms do no
? adioln mine am a friend to botl
of the boys. have known Gran
! vile Young good long time. Youni
: madc the statement to me the mex
day after the killing The statomen
, was made in the town Of Marietta
Granville told me that he kept BE,
I from killing Cal and took their gun
/ from them and gave the guns TO thoi
n mother
Z | Witness excused.
I Claude Washington being first dul
b sworn tpstincs,
, Direct by Judge Potter
i ] live at Marietta / know the dc
e foudaut Cal Stewart | knew Bel
u Stewart i'm his life was In the tow
Of Ardmorc ON the day Ben wa
u KILLED, Saw the boys here It wa
n about dinner time when | saw then
q Saw them at the Wilmington hote
IL Nus with San. Iuppk Ron aslpT u