Semi-weekly herald., 1912-11-28
State of Colorado,

other FRANK GARCIA.
State of Colorado,
| County of La Plata, SIS.
Isaac Cox, being first duly sworn
according to law, on his oath deposes
and says;
That he is one of the defendants
named in that certain information
! FLED in the district court of the Sixth
Judicial district sitting within and for
tn county Of La Plata, in the state
OF Colorado, on the 18th day of No
yember, A. D. 1912, filed by the Peo-
pie of the State of Colorado against
Isaac Cox, John Graves and Jesse Car
mon as defendants
That affiant is married man and
is in excess of AZ years of age and
that he is the father of five children
ranging from to % years of age.
That he is not guilty of the crime
of having murdered the said Samuel
TRULY and is not guilty of the crime
charged and alleged against him in
said information, and is not guilty of
the crime, or any crime, set forth
or contained in said information, and
Ia not guilty Of the crime of murder
in said information contained, nor of
any crime of any lesser degree con-
templated by, or contained in, said
Information, nor is he guilty of any
crime whatever in connection with the
6ppth nf thn gaiI Co
That for many years last past affi-
ant has been acquainted with Eliza
beth TRULY, the mother of the said
Samuel TRULY, and with William Tru-
by, and John TRULY and David TRULY,
the brothers of the said Samuel Tru-
by, and with the said Samuel TRULY,
That on many occasions, beginning
with the year 1906, this affiant has
had troubles and difficulties of vary
ing naenitude and seriousness with
Ina Ina sdmAMSii III AMSiiafIAsuu fIAfsuuyyn yyniihs- 11avid Trl'hs
That in the month Of January, or
February, 1906, the said William Tru-
by, now deceased, a brother of the
said Samuel TRULY, now deceased,
made a vicious and unwarranted as
sault and attack on this affiant.
That some time in the fall, and
probably in the month of November,
1905, this affant accompanied by
John Graves, met the said David
TRULY, brother of the said Samuel
TRULY and William TRULY, in the Cox
canon country and on this occasion
the said David TRULY remarked to
affiant in substance and effect, if
not in exact words, well, yes. My
brother Bill told me to tell you that
if you didn't move out of over there
he was going to shoot you OUT" that
person in said remark referred to as
"My brother Bll' was the said Will
liam TRULY, and the country therein
referred to as being 'over there" was
what is known as the Cox canon coun-
try.
That some time during the spring
of the year 1908, and probably in
the month Of March of said year, affi-
ant met the said David TRULY in the
vicinity of the country known and
commonly referred to as the Cave
| Springs, and then and there had an
alteration with the said David TRULY
who remarked to affiant, in substance
and effect If not in exact words, "You
God d sheepherding S. o. b., if you'll
get down off Of your horse | will
whip you" and the said David Truby
shortly thereafter further remarked to
afiiant in substance and effect II not
| in exact words, "As you go past my
mothers house we will kill you; you're
nothing but sheep-herding :. o. b.
anyhow;" that shortly thereafter affi-
ant was, in the performance of his
lawful occupation, compelled to go in
the vicinity of the point referred to
in said conversation as my mothers
house and in so doing affiant met the
said William Truby and the said Da-
vid TRULY and the said Samuel TRULY,
who were then and there carrying
| Winchesters, and on which occasion
the said William TRULY cursed and
abused and villified affiant.
That on or about the 18th day of
April, 1911, affiant and one Calvin 7.
Burroughs met the said William Tru-
by, David TRULY and Samuel TRULY,
at point on the Florida river in
this county and state, at which time
the said William, David and Samuel
TRULY made vicious and unwarrant-
ed and unlawful assault on affiant and
, the said Burroughs and then and there
, threatened the life and person Of
affiant.
That on, to-wit, the 18th day of
April, A. d. 1911, in the city Of Du-
range, in said county and stste, the
said William Truby, as your affiant
|, is informed and verify believes, in the
! presence of one f. R. Durment threat
ened the life Of your petitioner and
said to the said F. r. Durment, in
substance and effect il not in exact
5 words. Eyes, and I'm going to kill