Semi-weekly herald., 1912-11-28
STATEMENT FILED IN DISTRICT
COURT BY MEN CHARGED WITH
NUMBERING SAM TRULY
Attorneys for Defendants Relate Complete Story of the CoxTnby ed
Mess Cox Graves and Carmon Seek Bonded Lbery--war
Over Range Rights Waged for Many Years

panions, who could easii, nave in
tercepted them by taking and follow
ing the trail leading up the afore-
mentioned opening on the south side OF
said Cottonwood canon, and would
have been then and thereby the said
Samuel Truby and his said compan-
ions waylaid and ambushed and killed
and murdered.
That by reason of the foregoing
facts and circumstances, and by rea-
son of their then present and well
| founded fears that it was the inten-
tion of the said Samuel TRULY and
his said companion, and other friends
of the said Samuel TRULY, then and
there to waylay, ambush and kill and
murder these petitioners, your petit
| TONERS did retrace their steps to a
| point near the head of said Cotton
wood canon, at which point they fol-
lowed draw or gulch which leads
on to high mesa, or ridge or hill,
on the north side of said Cottonwood
gulch, they intending then and there
to follow along said high mesa, ridge
| or hill in an easterly direction along
the north side of said Cottonwood
gulch until they could reach the main
| Cox canon above the mouth of said
| Cottonwood gulch, and then to either
follow the main Cox canon down to
near its junction with the Animas
| river, and thence to their respective
| homes at Cedar Hill, or to cross said
| main Cox canon to the divide between
the same and the said Animas river,
s~d ti,on 70 rviiow saIu ufviue uowTI
to their respective homes at Cedar
| Hill.
That said last mentioned mesa, or
ridge, or hill, is high, rough and rocky,
| anC is heavily covered with timber and
rocks and underbrush and fallen tim
| ber, and that by reason thereof the
progress of these petitioners over the
; same was slow and laborious, there
being no trail for them to follow; that
in passing over and across said mesa,
ridge or hill, these petitioners saw the
said Samuel TRULY and three of his
companions below petitioners waiting
in said Cottonwood canon for these
petitioners, and again saw the said
| Samuel TRULY and some of his COM
panions hide themselves in the rocks
on either side of said Cottonwood can
on; that such actions on the part of
the said Samuel TRULY and his COM
panions strengthened the belief of
these petitioners that it was the de-
sire and intention of the said Samuel
| TRULY and his said companions to
then and there waylay, ambush and
kill and murder your petitioners.
That by reason Of the foregoing
facts and circumstances your petit
tioners, in their journey over the bal
ance of said mesa, ridge or hill, kept
bearing further away from said Cot
tonwood canon, and kept bearing fur
ther to the north, travelling in an
easterly direction, finally reaching the
brow of hill overlooking the Cox
canon at point probably about one
miles in a northerly direction from
the mouth and junction of said Cot
tonwood canon with said main Cox
canon, the exact distance thereof be.
ing now to your petitioners unknown
That your petitioners were travel.
ing the route and course as above
described with the intention, hope anc
expectation of being able to reach sale
Cox canon and then follow down the
same to and past and beyond the
mouth of said Cottonwood gulch, ant
thus get below and behind and beyonC
the said Samuel TRULY and his sale
companions, and thus leave the sale
Samuel TRULY and his companions
still hiding in the rocks long dis
tance up said Cottonwood gulch, ant
thus be permitted to escape encounter
with the said Samuel TRULY and hii
said companions, and be thus permit
ted to pursue their course unmolestec
down said main Cox canon to theil
respective homes; or to cross said Co,
canon a long distance above tn,
mouth of said Cottonwood gulch, AM
long distance above the junction O
said Cottonwood gulch with said Co,
canon, and then on to the divide be
tween said Cox canon and the Anima
river and thence down said divide t,
their respective homes.
That on reaching the point afore
mentioned, overlooking the said Co,
canon at point above and north o
the mouth of the said Cottonwood can
on, these petitioners, still having an,
retaining the honest belief and fea
that they might be waylaid and kille,
ard murdered by the said Samue
TRULY and his companions, and find
, ing themselves then and there con
fronted with high cliff down which