Semi-weekly herald., 1912-11-28
Continued from Page ID

celSeu Wllllam lruDy ridlnR h0rSeOacf
across the mesa, at very fast pace
in front of and directly toward aft.
ant, whereupon affant turned the
horse which he was then riding anC
met the said William TRULY who ther
and there cursed and abused affiant
and while so engaged, or within q
very few minutes thereafter, the said
Samuel TRULY approached affiant or
horseback from behind, and joined
affant and the said William TRULY;
that almost Immediately thereafter
the said Samuel TRULY and William
TRULY closed up on affiant and made
violent, vicious and unprovoked and
unwarranted attack and assault on af-
fiant, and affiant thereupon, and i'm
medately, endeavored to protect his
person and life by fleeing from his
said assailants, and turned his horse
and ran from his said assaulants, who
continued to pursue affiant; that the
said William TRULY and the said Sam
uel Truby continued and persisted in
said violent, vicious and unprovoked
and unwarranted attack and assault
upon affiant, and followed affiant in
his flight, and affiant then and there
believing that the said William TRULY
and his brother, the said Samuel Tru-
by, intended then and there to kill
bodily harm, affiant pulled from his
pocket small gun or revolver and
shot at both the said William TRULY
and Samuel TRULY, thereby killing
the said William TRULY.
That prior to said shooting and on
many and different occasions the said
William TRULY had, to different peo-
pie, threatened the life and person of
said affiant.
That on, to-wit, the 9th day of
November, A. D. 1911, this affant
was brought on for trial before a
jury in the district court of La Plata
county, in said district and state,
charged with the crime of having kill
ed and murdered the said William
TRULY; that in the trial of said cause
affiant relied entirely upon the ground
of justication and self-defense in de-
fense of said charge, and that on, to-
wit, the 9th day of December, A. ID.
1911, verdict was rendered, by the
said jury then and there trying said
cause, of not guilty.
That almost Immediately after the
shooting of the said William TRULY
by your affiant, your affiant proceeded
to the station at Bondad, in said coun-
ty and state, and thence crossed the
Animas river, in the vicinity thereof,
and at once advised others of the
trouble that had taken place and of
his desire to surrender his person to
the proper peace authorities of this
county, and while engaged in an en-
deavor to return to said station at
Bondad and there catch train for the
city of Durango for the purpose of
so surrendering as aforesaid, the said
Samuel TRULY followed this affiant
anu iiiCd oSNSiai
chester at him after the said Samuel
TRULY had been advised that this affi-
ant was desirous of, and was then
endeavoring to surrender his person
to the proper peace authorities of the
county of La Plata, in said state.
That on, to-wit, Monday, the 9Th
day of June, 1911, while waiting trial
on the said charge of having killed
and murdered the said William TRULY
this affiant, while walking along the
streets of the city of Durango in COM
pany with the undersheriff of the
county of La Plata, was shot down
upon the streets of said city and was
shot once in the back and once under
the left ear; that thereafter one An
drew Ripple confessed that he. the
said Andrew Ruple, had fired the
shots at this affiant, as above stated,
and affiant thereafter heard the said
Andrew Ruple testify under oath that
he, the said Andrew Ripple, had been
hired and engaged by the said Samuel
TRULY, and others, to kill and murder
affant for valuable consideration;
that affiant then believed, and now
believes, and has good and sufficient
reason to believe, that the said An
drew Ruple was by the said Samuel
1'ruby, and by others, hired and en-
gagged to kill and murder affiant.
That subsequent to the time of the
killing Of the said William TRULY by
affiant, the said Samuel TRULY has,
on many occasions and to many diff
ferent people, threatened the life of
affiant and has engaged, or endeav-
ored to engage and hire, others to
kill and murder him; and that since
said shooting Of the said William Tru-
by by afhant many different people
have advised this affiant of the intent
on the part Of the said Samuel TRULY
to kill and murder this affiant.
That affiant Il an uncle Of the said
John Graves, one Of the defendants