Semi-weekly herald., 1913-03-20

his voice. | did not lose consciousness
very badly. l looked for him but
could not see him. didn't hear any
shot. Cox's voice came from up in
the rocks. on the west side of the
canon. l could not see any one where
Cox's voice came from. | am certain
that the voice heard was that of
Cox. l am well acquainted with his
voice. He was talking in loud tone
of voice, and l judge that he was
fifty yards from me when he spoke.
At the time was shot had a rifle
in my hand, but I hadn't fired it.
Il repeat, this statement is made by
me knowing that l am about to die
and 1t is true account of how came
by my wound"
Upon cross-examination the witness
was asked by Attorney Russell if he
had heard Sam TRULY make the fol-
lowing remark at the TRULY home:
Don't cry, mother, am not going To
die" The witness replied that he did
not hear it.
Regarding the dying statement,
manner of taking same, etc., Rod Day
and Paul Rowe were called to the wit
ness stand and corroborated the tes-
timony given by DIR. Lingenfelter
E. H. George, Ed Hendricks and
George Melville were recalled and tes-
tilted to condition Mr.. TRULY was in
when found and also as to the injured
man stating that he heard Cox say,
IL got that little S. o. b. this time"
Henry Hunt testified to substantial
ly the same things and also that
TRULY further said: 81 heard them
shooting at the kid and as he did not
come back thought they had got him
too On account of the witness max
ing the latter statement he was re-
called to the witness stand again this
morning. While he admitted he had
not told the district attorney the last
remark, it was nevertheless true. Mr..
Hunt further stated that TRULY mis-
took Willis Young for some one whom
he addressed as Ed.
Clark Bonds testified that TRULY
said in his presents, God, fellows, II
hate to die, but if l must, will die
game" or words to that effect.
Morning Session
When court opened this morning
Henry Hunt was recalled to the stand.
Following him Willis Young testified
to having visited the spot in Cox
canon while Sam TRULY was yet lay
ing there. He heard the injured man
say at least three times that he was
going to die.
Mrs. James Craig was called to the
,staDd -te, Testify, raRatdipg "A csnxsra
sation she had with Mr.. Cox in the
court room in Silverton while the last
Cox-Truby trial was in progress. Mr..
Cox had said that he had hoped that
Sam TRULY would be convicted as he
wanted to go back to his old home
and go in business but the country
was not big enough for them both.
He further said if he could get Sam
TRULY he would be satisfied.
Mrs. Amanda Pieper, who was
party to the conversation, testified
that while Mrs. Craig's testimony
was in substance what was said, she
had interpreted it to mean that If he
could get Sam Truby out Of the coun-
try he could go back to his old home
and go in business, but did not in
terpret it to mean that Cox meant
that he would be satisfied If he could
kill TRULY.
Miss Maggie Pieper gave testimony
which substantiated her mothers in
depreciation of Mr.. Cox's remarks.
Her testimony was based on con-
versations held with Mr.. Cox follow
ing the trial at Silverton.
d. C. White, Henry Truby and Da-
vid TRULY were called to the stand
to explain peoples exhibits 1 to 8,
inclusive, which are photographs in
the vicinity of the homicide.
Here the state rested the case and
the defense commenced shortly before
IL to examine witnesses on their side.
County Surveyor Wilhoite of San
Juan county, New Mexico, was the
first called to the stand. After CIV
ing an account of his eleven years
experience as a civil engineer he pro-
duced map drafted by himself Of
the Cox canon country and explained
how it was prepared. The same was
entered as evidence as defendants ex-
hibit "a"
Isaax Cox Testifies in His Own Behalf
Isaac Cox was called to the wit
ness stand shortly after IL o'clock.
He was born in Texas 43 years ago.
He moved to the Cedar Hill section
with his family thirty-fve years ago.
His father was one Of the pioneer
cattlemen of the southwest. At one
time his herds numbered between
900 and 10000 head and they
ranged from the Cedar Hill section
to Bluff, Utah. The witness stated
that his knowledge Of cattle herding
dates from the time he was 8 years
old and he continued to acquire ex-