Semi-weekly herald., 1913-03-24


Cox suddenly noticed Sam TRULY and
Dave McCullom coming up the trail.
Mr.. Cox and Mr.. TRULY noted each
other about the same time. the lat
ter's attention being directed TO the
former by his horse suddenly raising
his head. At once Sam TRULY raised
his gun as though he was going to
fire and Mr.. Cox raised his and shot.
the first Of the two shots taking ef-
feet. At once Dave McCullom aimed
him gun and Cox shot at him several
times in succession. Graves and Car
men also shot Fearing that the other
two men were in hiding the men stay
ed behind the so-called shooting rock"
for several minutes and at last when
they did start for home followed q
rcught country over to Cottonwood
canon to avoid being taken un-
awares. They hurried but at no time
were in keen run. TRULY was shot
between noon and o'clock. They
reached home about 2 in the after
noon.
| Mr.. Cox testified that after Sam
TRULY and Dave McCullom hid in the
rocks the defendants had later seen
John TRULY and Paul Rowe riding out
of the rocks directly under them (the
defendants). This convinced them that
the whole party were laying in wait
for them.
The cross-examination begun early
during the evening session. Practi-
cally the entire ground gone over in
the direct examination was again COW
cred. Among the new points brought
out were that Mr.. Cox had not NC
lively used his range rights in the
Cox canon for about six years previous
to 1904 when he went into the sheep
business. Regarding the fight which
cost William TRULY his life, Mr.. Cox
admitted that he fired two shots at
Sam TRULY before Sam shot at him.
In the testimony given under cross
examination this morning there were
! apparently two slight conflictions
which were, upon explanations on the
part of the witness, made to appear as
not being conflictions at all, but a
different Interpretation of the state
ments made. Much time was spent
particularly upon the route followed
by the defendants Immediately before
and after the shooting of Sam TRULY,
especially as to reason of following
the same and the rate of speed. Re-
gardless of the testimony of track ex-
perts, or those who testified as being
such, to the contrary Cox insisted that
while they were hurrying across the
land they were neither running nor
going in a fast lope except in. two
places. He explained that the torn
up condition of the land was due to
the fact the horses found difficulty in
making the sharp turns and would
brace their feet accordingly.
John Graves was called to the wit
ness stand this afternoon. Mr.. Graves
is a nephew and brother-in-law Of
Isaac Cox and an uncle Of Jesse Car
men. AS to the meeting of Mr.. Graves
and Paul Rowe and Dave McCullom
on Oct 27, as testified by the latter,
the witness stated that on that date
he, in company with his nephew, Jesse
Carmen, was over in the Mesa noun
tains at the Finch brothers place. On
direct examination Mr.. Graves ac-
count of the encounter between him
self, Cox and Carmen on one hand
and Messrs. Rowe and Sam Truby
on the other, was exactly as that given
by Mr.. Cox. Except the shots fired
at him were three in number
| instead of two. The witness testi-
flied that through Dick Hendricks and
Henry Southard he, two days later
learned Sam TRULY had told Mr..
Southard he would give him the best
horse he had if he would tell him
| (Mr. Graves) that he (Sam Truby)
was going down in the Cedar Hill
country after two-bar cattle and II he
showed up he would get him. too. q
His recital Of the events immedi-
ately preceding and succeeding the
homicide was also exact as given By
Mr.. Cox, as well as the account Of
the shooting and the reason for the
same being necessary In seif-defense
that is to keep Sam TRULY from
shooting Isaac Cox.
Like the previous witnsss Mr..
Graves testified that the tracks found
and followed by the different parties
were theirs or their horses.
Regarding the conversation between
himself and Mr.. Cox just as Sam
TRULY pulled his gun the witness tes-
tilted that Mr.. Cox said, Look out,
they are after u.s." When asked II
he heard Mr.. Cox say after the shots
were fired, II got that little 9. o. b.
oil right" Mr.. Graves replied that he
did not.
On cross-examination John Graves
stated he was about SO years Of age.
On Oct. 90 he admitted that all men,
bers Of his party were armed. In fact
it was his custom to 60 armed with