Semi-weekly herald., 1912-11-28


and thus reach the trail going down
the said main Cox canon, dismounted
and proceeded afoot in an endeavor to
pick out and find a trail down, through
and over the said cliff; that while so
engaged, and while walking in the
open, the petitioners John Graves and
Isaac Cox Unexpectedly saw the said
Samuel TRULY and one of his COM
panions in the said trail riding horse
back in "a northerly direction up Cox
Canon almost in front of and below
these petitioners, the said Samuel
| Truby riding in the lead: that at this
exact moment the said Samuel TRULY
was car rying Winchester gun in his
right hand, with his left side to these
petitioners, and Immediately on being
fret seen by these petitioners the said
Samuel TRULY raised the muzzle of
his gun to his left hand, thereby hold
and pointing directly at these peti-
TONERS as though intending then and
there to shoot at the petitioners Cox
and Graves, which said petitioners
then and there verify believed. and
new verify believe, that it was the in
tcntion os the said Samuel TRULY to
then and there shoot and Kill and muir
der said petitioners, whefeupon, and
Immediately, the petitioner Isaac Cox
raised his Winchester and commenced
firing at the said Samuel rruby, call
ing at the same time to the petitioner
John Graves to look out and protect
himself, and advising him. John
Graves, that they, meaning the said
Samuel TRULY and his companions,
were after petitioners, whereupon the
said petitioner John Graves raised
his Winchester and commenced firing:
one of the companions OF the said
Samuel TRULY then and there being
with the said Samuel TRULY and al
most Immediately behind him; that al
most Immediately thereafter and
practically at the same instant of
time, the two petitioners, John Graves
and Isaac Cox, jumped behind some
large rocks for the purpose of af-
fording themselves projections; that
almost Immediately after the first
shot, or shots, We're fired the peti-
toner Jesse Carmon ran towards the
petitioners Cox and Graves. and see
ing the said Samuel TRULY. and the
other horseman, below them with a
gar in his hands, and believing that
all of the petitioners were then being
ambushed and attacked. and were
about to be killed and murdered, join
ed in the firing.
That, as before stated 1880, pcti-
tioners had ti1err~nfUre seesSts.asta tai.t,
Samuel Truby and his three compan-
ions in the said Cottonwood gulch and
there and there and thereafter verify
believed that the said TRULY and his
said companions were congregated in
said gulch for the purpose, and with
the intent, of waylaying and ambush
ing, killing and numbering your petit
toners; that when your petitioners
saw the said Samuel TRULY and then
saw his said companion in the trail
in said main Cox canon at the scene
of the said shooting, your petitioners,
and all thereof, then and there verify
believed, and had good and sufficient
reasons to believe, that the said Sam
uel TRULY and all three of his com
panions were then and there, and in
that immediate neighborhood, con-
gregated and assembled for the pur-
pose Of waylaying, ambushing and
killing and numbering your petition
ers, and did not know until at later
| time that only the said Samuel TRULY
prd his one companion were then and
there present, but at the time of said
shooting, and for some considerable
time thereafter, your petitioners ver-
| lily believed that the remainder of
| said companions of the said Samuel
| TRULY were in that immediate vicin-
| ity and were hid either in the rocks
or in the brush, waiting and looking
for your petitioners.
That the said shooting hereinbefore
mentioned, and all thereof, was done
by your petitioners only in the nee
essary defense Of their own persons
and lives, and your petitioners then
and there verify believed, and do now
verify believe, that said shooting, and
all thereof, by your petitioners was
at that time absolutely necessary in
order TO save the lives Of your pc
titioners and each thereof and to pre-
vent their receiving great bodily
harm at the hands Of the said Samuel
Tfuby and his said companions, and
that said shooting, and all thereof,
was then and there done by your pc
titioners for the sole and only pur-
pose and reason of saving the lives
of your petitioners and of prevent
ing their receiving great bodily harm
at the hands of the said Samuel Tru-
| by and his said companion.
That your petitioners have no in
tention nor desire whatever to avoid
trial Tor the killing Of the said Samuel
TRULY, but, on the contrary, are, and
each of them is, desirous that a trial