The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-05-20
BALLEW PRELIMINARY.
tcontlnuel from page one)

was on the outside OF the walk wit
one hand in his coat pocket With the /
other he was making GESTURES. They /
were talking Of the coming election. /
lrb was running for sheriff and they .
were talking OF his chances. lrb was .
looking down at the walk and Oscar .
was looking at him Neither saw Bal. .
lew. When they neared the entrance
TO the Dew Drop In where Ballew was
standing ! saw the defendant pull a
gun and take one step down in the
Dew Drop In. | saw what was going
to take place and yelled to Irb to
look out. lie did not hear me and !
followed again by this time they
had come up where Ballew was stand
ing. Ballew threw his gun on Foshee
and said: I am going to Kill you
Irb said What's the matter. Bal
lew? You and | have had no trouble,
what are you going to kill me for?
Foshee raised one hand above his
head. and Wilkerson said: Don't do
| It Ballew The defendant answered:
I'm going to Kill You anyhow and
| fired. Following that he again fired.
| Foshee fell to the ground
About this time Jonas Foshee
came out of his place Of business and
he and Ballew began firing at each
other. Some nine shots were fired.
Six by Ballew and three by Jonas
Foshee. Ballew backed into the Dew
Drop In and Jonas went back into
his place of business"
The witness was called upon to
demonstrate the position of the de
fendaut while firing, which he did.
stating that Ballew was standing
with one foot two steps down the
stairs and the other ON the first
step. lie held the postol in both
hands.
The witness was excused and a
recess was taken until 1880 o'clock.
The afternoon session OF the court
; convened with the same partiee pres
: ent as at the morning session The
same precaution for the protection OF
the prisoner were employed.
The court took up its grind with
out any unusual features.
The first witness called was VIM.
Coffee The testimony Of Mr.. Coffee
was of little Importance and he was
not detained for long,
The next witness called was Oscar
Wilkerson, an eye witness to the Kill.
ing.
Mr.. Wilkerson testified that on the
morning of May the 18th he. In com
pany with Irb Foshee, the deceased
was walking down Caddo street. They
p were going to Main street. They were
, talking of the coming democratic pri.
mary election and were laughing. lie
5 did not see the defendant Ballew un'
- I'll they were six or eight feet from
, him. The first he knew Of Ballews
presence was when the defendant
, pulled his gun and said: "G-d-you
p | am going to kill you" They stop
| ped and Foshee said: bill, | have
p not said anything about you or done
I anything to YOU. why are you going
to kill me?" The witness said, Il said
S don't do that Ballew." The defendant
said | am going to kill you anyway
and fired
The witness was crosseXamined by
both the defense and the prosecution
V for some thirty minutes, Cruce, for
the defense tried to break down his
testimony. and asked If he fired a
shot. The witness held to his origi
nal story
The trial was still in progress AT
' press time and in all probability II
will not be completed today as VISA
first expected.
Both prosecution and defense are
examining the witnesses with great
perseverance and every point In the
case is being made clear
, The defense is being represented by
Crucc. CruCe and Bleakmore and 5
-, II. Russell and J. Il. Champion. The
/, prosecution is being represented by
& L. S. Attorney George II. Walker AS
, sistant Attorney Jim Humphrey and
! the firm of Brown A Turner