The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-09-21
TESTIMONY Of
THE WITNESSES

i-s- ..and jury room near i4e "oo'
l..d.r. 10 the rOmIa. aud acting
moon taat impulse Ae started toward
, .r.. door bu, found il closed. Finding
pa, .nr-suce barred against MIN, he
-,. toward the inner door %. the
.-.roar3un.rs room, 10 rry and gain
.p-ra3.. TO the grand jury roem
there Ile encountered Nh Na.hers'
1so v., inst enel glIg with a pistol
I'M mis- hand, closely followed by Ba..
r.v vino also had pistol Wnhol,
waiting 10 ascertain the result OF
/ t.. preylous shots. he Immediately
/ grappled with Ballew who, accord
In. 10 his testimony, had his U.-,o.
raised and was in the acl OF shoo'-
f,. Mr. NIatbers, who had stumbled
ami fallen over a chair in Tie Outer
office. or east room. and Hrestled
/ with him In an effort 10 get his
ristol While doing so re states
,.,7. TWO shots were fired. one ina.
he both heard and saw: the latter
was the saot fired by Mr.. Mathers
which inflicted the wound IN the nip
OF the deceased and filled the hand
o- Sheriff Garrett with powder
marks. He stated that he called 10
Mr.. Pleakmore 70 disarm MI Nath-
ers. which he did, and at that time
B3Tev's muscles relaxed and he be.
gan sinking 10 the floor IT. his tes
timonv he told OF laying Ballcw on
the floor and Of Ballew saving 20
him that he thought he was dying,
and that this was one case that he
would nor he able 70 beat Mr. Car
last words ever uttered by deceased.
that he did no. think that he was
badly hurt. and asking him Nha.
doctor TO send for, to which de-
ceased replied. "Dr. Hardy These.
according to Sheriff Garrett, were the
last words eevr uttered by deceased.
The sheriff was then in'errogated as
10 his knowledge Of the general rep
irfa;ion Of the deceased and stated
that he had known him FOR several
wears and that he was a dangerous
man. in fact one who when he made
a threat would carry ont his purpose.
He recounted his different dealings
with Rallew while he was chief OF
police Of this CITY and told Of the
tines he had placed him under ar
rest. notably when Ballew killed lrb
Fooshee. Mr.. Garrett was asked If
while he was chief Of police he had
ever been requested to detail an Of
flccr to guard the home OF Mr..
NIathcIs against BalleN, and he stat
ed that at the request of the comfy
commissioners while ne was chief
or police ne detailed OFFICER Lathrop
TO guard the home of Mr. Mathers
anG that the officer wa on duty
there over night for some time Up
on cross examination by the attor-
ney for the state, Mr. Garrett leit
Grated every statement made in his
direc, examination.
At the conclusion of the sherifs
testimony the state rested its case
ana hc Witnesses for the defense
we're called
Mr. Nathprs was rlaccd on the
stand i'm his own defense. and tor
nearly an hour he told in a straight
forward manner of the events thai
led MP to the homicide. Mr.. Math"rs
testified in his own behalf that The
first week after statehood, Mr.. Bal
lew came to him and told him he
had been running o Joint in under
Mr. 8amseys drug store and tha'
he wanted permission TO gamble.
thar ne told him under no circum-
stances would he permit him TO sam
BILE: that II he were arrested ana
brought before him, that he would
prosecute him like anybody csc.
This made Ballew mad and he was
after Jimmie continually until the
grand Jury met in 1905, hcsling for
permission to gamble and was re-
fused. sheriff Akers told him that
he also came 10 him and asked for
permission to gamble and Bal'ew
told him this rs wen, and that