Semi-weekly herald., 1912-11-28

Late yesterday afternoon MeSSrS
Russell a. Reese, attorneys for TX,
Cox, John Graves and Jesse Carmon
filed habeas corpus proceedings in tn,
district court for the release of theil
clients. Several pages are first taker
up with review of the case from
the time of the alleged killing to the
present, setting forth that the mer
had been denied proper preliminary
hearing; that an application to the
coroner for an inquest had been de
MED, and that the men were now un-
lawfully held-not having been giver
preliminary hearing. The prelude
takes up practically five pages but moi
being germane to the story of the
shooting are omitted. As Herald read,
ers have anxiously waited for the
CoX-Graves-Carmon side we give tht
complete story, taken from the files
of the court, being as follows:
The Cox-Grayes- -Carmon Side
Your petitioners further respectful
ly represent and show that the ma
terial and true facts and circum,
stances surrounding the shooting of
the said Samuel TRULY on the 10th
day of November, 1912, from which
shooting it is alleged that he, the
said Samuel Truby, died on the 11th
day of November, 1912, are as fol
lows and not otherwise
That the country commonly refer
red to as the Cox canon country con.
sists of what is known as Cox canon
and its many tributaries, the prin.
cipal ones of which join il from the
west; that said Cox canon runs prac.
tically parallel with, and on the west
side of, and at a general distance OF
about two and one-half miles from.
the Animas river, running in south
erly direction and joining said Animas
river at a distance of about one mile
below the town of Cedar Hill, in the
state of New Mexico.
That for the past month all of
your petitioners have been residing at
or in the vicinity of, said Cedar Hill,
where their business interests requir-
ed their presence.
That on the 23rd day of October,
1912, these petitioners were travel
ing on horseback over the public do
main in, through and around the said
Cox canon country, engaged in law
ful pursuit, when petitioners John
Graves and Isaac Cox met the said
Samuel TRULY and passed within about
twenty feet of him; that after the
said Samuel TRULY had passed by
said petitioners distance OF 150
yards he, the said Samuel TRULY, with
a Winchester rifle, fired two shots al
the petitioner John Graves and one
shot at your petitioner Isaac Cox;
petitioners John Graves and Isaac Cox
with intent, on the part of the said
Samuel TRULY, then and there to kill
and murder said petitioners; that at
said meeting had said petitioners Cox
and Graves, or either of them, de-
sired to kill said Samuel TRULY they
could easily have done so; that on
said occasion the said Samuel TRULY
was accompanied by one Paul Rowe
ard at the moment of the meeting OF
said petitioners and the said Samuel
TRULY and Paul Rowe, the said Pau
Rowe dropped back while the said
Samuel TRULY proceeded past said pc
titioners, whereupon the petitioner
Isaac Cox advised the said Paul Rowe
TO keep on going, and to go on with
the said Samuel TRULY, which was
done; that when the said Samuel Tru
by reached point about one hundred
and fifty yards beyond said petition
ers dismounted from the horse which
he was then riding and hid in tn,
rocks, and fired two shots, from {
Winchester rifle, at the petitioner
John Graves, who was then riding ;
horse and was riding in open and un
protected country, and Immediately
thereafter the said Samuel Truby
fired one shot, from a Winchester
rifle, at the petitioner Isaac Cox, wh'
was likewise then riding in an opei
and unprotected country; that the sait
assault of the said Samuel TRULY OF
said petitioners was absolutely with
out cause, reason or provocation, AM
vas committed by the said Samue
Truby with the intent then and ther
felpniously, wilfully and of his malic
afcrethought to kill and murder tn
petitioners John Graves and Isaa
Cox. .-
That prior to the 10th day of No
vember, 1912, these petitioners ha
been frequently warned and advise
that the said Samuel Truby was pre-
pairing and intending, and did intene
to kill and murder your petitioner
Isaac Cox and John Graves at hi