Semi-weekly herald., 1913-03-20

tNesdi uinS 70 iue lTOuDleS over range
rights, personal quarrels and of
later amicable settlement of the di-
vision of the range, the witness was
examined at length. While he ad-
mitted being present when numerous
disagreements had occurred, he denied
that the account of many of the in
dignities which were recited by at
torney for the defense as having been
heaped upon Mr.. Cox had not occurred.
He admitted that he was a member
of the armed mob which met Mr.. Cox
in 1907 and attempted to define his
range privileges to him.
The court ruled that such portion
of Sam Truby's dying statement as
was based on facts could be entered as
evidence and such portion as based Oil
conclusions could not be. At this point
the prosecution changed its line OF
testimony and based evidence on GER
tain alleged dying statements. Joe
Smith, was recalled. Mr.. Smith testi
fed that when he reached the scene of
the homicide Sam TRULY was lying
in the trail with his head pointing
downward. Under his left arm was
Winchester. A gun was produced in
court, Mr.. Smith stated that it was
the one which he found in Mr.. Truby's
possession on that date and to his
knowledge it was in the same condi
ton as on that date. Upon request
of the attorneys he emptied the cham
ber in which was four loaded shells.
On cross-examination Mr.. Smith tes
tilted that the threads on the end of
the barrel was for a silencer.
,Dave .Truby was the next witness
recalled to the stand. Regarding the
gun he SAID it was formerly che prop
erty of smother brother who traded
for it n an old trapper up in the
Pine river section. The silencer was
on the gun at the time. According
to his best knowledge the said 81
lencer was now in the hands of the
district attorney. He, too, w;s ques-
t.orod regarding the finding Of his
brother on the day he was jured.
Like the other witnesses he told how
he vas paralyzed but able to speak.
He made frequent mention CT his
knowing that his injury was of such
q nature he could not live. On one
occa sion the injured man said, ~ l
have got to die, will die game"
Evening Session
When Dr. Lingenfelter was again
called to the stand he told of being
called by phone to attend Sam TRULY
on the afternoon of Nov. 10 about A
o'clock. He left for the scene of the
shooting in Buffers auto and arrived
about 7 in the evening. The injured
man said he was not suffering great
ly then but had been before. The
witness learned that Mr.. George had
given him something to quiet his pain.
He then knew he could not live. Ga
account of the condition of the coun-
try Immediately surrounding the place
where the injured man lay it was
necessary to move him portion OF
the way in wagon. As soon as pos
sible he was placed in the auto, TO
be conveyed to Mercy hospital. David
TRULY and Paul Rowe were also mem
bers of the party. At the Truby resi-
dence they tarried just long enough
for the doctor to dress McCullom )
leg. Like several other witnesses Dr..
Lingenfelter testified that the injured
nan had stated that Ike Cox had
fired the fatal shot He was certain
of this as he had heard his voice in
the rocks. Cox was speaking IN a
loud tone and said, 81 have got that
little S. o. b., all right this time"
The witness stated that he told the pa
tient that he could not live. He ad-
vised him if he had any statement TO
| make to the district attorney to make
| it at once as it was only matter
of very short time. In addition
to the physician, nurses, David Truby
Paul Rowe and the district attorney
Rod Day was present when tine dydr
statement was made. 1t was made
and verified by paragraph.
The dying statement entere as tes-
timony follows:
I, Samuel TRULY, being badly
wounded, and knowing that can livt
but short time, make the following
statement of how | came by my
wound:
Dave McCullom and l, on Sunday
November 10th, 1912. We rode "
Cox canon, riding on fast trot, fo1
home.
"When we got about mise abov'
the mouth of Cottonwood, va
wounded and fell off my horse.
was unconscious for time. Before
became unconscious l heard Cox say
4 i've got the little 5. o. b. al