Semi-weekly herald., 1912-11-28

first opportunity, and that for many
months prior thereto your petitioners
feared and expected that the said
Samuel TRULY would kill and murder
them at his first opportunity, and that
such fears We're based upon good and
substantial grounds and reasons, and
were founded upon direct threats and
statements made by the said Samuel
TRULY to so kill the said petitioners
and which threats were conveyed and
frequently repeated to these petition
ers.
That on said 10th day of November,
A d. 1912, these petitioners left Ce-
dar Hill, and went into the Cox canon
| country, and were engaged in travel.
ing over the public domain on law
full mission, and in so doing were
compelled to and did travel through
| what is known as the Cave Springs
! hrarch of said Cox canon and in what
| is known as the Cottonwood branch of
Coz canon, and through a portion of
the main Cox canon; that said Cave
Springs branch of Cox canon runs
into the same from the west while the
{ ttonwood branch thereof likewise
runs into the same from the west
but lies to the north of the Cave
Springs branch.
That on said date, while following
such lawful occupation, these petition
ers went from Cedar Hill and over to
and up Cox canon to the mouth of
the Cave Springs branch thereof,
thence up said Cave Springs branch
20 the head thereof. and thence rrnss-
ed the divide to the head of the Cot
tonwood branch and were proceeding
thence down said Cottonwood branch
toward the main Cox canon, when they
were unexpectedly intercepted by the
said Samuel TRULY and one of his
companions; that Immediately prior to
uch interception these petitioners saw
two men, beyond the point of the To-
cation of the said Samuel TRULY and
his companion, riding horseback ahead
Of them and going down said Cot
tonwood branch, down which branch
these petitioners We're likewise trav-
cling, when they unexpectedly met
the said Samuel TRULY and his said
companion, both of whom thereupon,
| and Immediately, rode hurriedly into
and hid amongst the large rocks on
| the sides Of said canon, the said Sam
uel TRULY going to the north side
thereof and his companion going to
the south side, both riding rapidly
and carrying large guns, or rifles,
or Winchesters, in their hands; that
| at said point said canon is not in ex-
,ess of seventy-five to 100 yards in
| width.
That in order to reach their re-
spective homes, which was their then
destination, these petitioners were
compelled to either proceed down said
Cottonwood gulch, and thus pass i'm
mediately between the said Samuel
TRULY and his said companion, or, as
an alternative, to retrace their steps
over the divide to the Cave Springs
branch Of said Cox canon, and thence
down the same to the Cox canon.
That at the moment of such inter
ception these petitioners fully believ-
ed. and had good and sufficient rea-
son to believe, and do now believe
that it was the then intention of the
said Samuel TRULY and his said com
panion then and there to ambush
waylay and kill and murder these pc
| titioners.
( That at the point of such intercep-
ton said canon is walled on both sides
with high and impossible cliffs, but
on the right hand, or south, side there
of, and below the position then occu-
pied by these petitioners, and beyond
the then point of location of the com
panion of the said Samuel TRULY
there was an opening in said cliffs
through which the Cave Springs
\ branch of the Cox canon might be
reached, but these petitioners coult
not reach or avail themselves of sale
opening without passing between the
said Samuel TRULY and his companion
and that the companion of the sait
Samuel TRULY was then hid in thu
rocks in or near the mouth of sale
opening; that there was no opening OF
the north side of said Cottonwood
canon out of which these petitioner
could escape, unless they retracet
their steps to near the head of sai'
. canon, at which point they could g
either to the north or to the south
but had said petitioners SO retrace'
their steps and taken the trail to tn
| south from the head of said Cotton
wood canon they would, as they thel
verify believed, and do verify beliey
J now, have been intercepted by tn
, said Samuel Truby and his said cont