Semi-weekly herald., 1913-03-24
THURSDAYS TESTIMONY
IN COX-TRUBY CASE

Mr.. Cox stated that he went out of
the sheep business because SO much
trouble resulted from it. Later h,
went over near Pagosa Springs wher,
he was so seriously injured by a hors,
falling on him that he was "knocket
out" all summer. He was with Wasl
Graves during his illness and death
and also accompanied the remains t.
Cedar Hill for interment. After Mr.
Graves funeral, Mr.. Cox went bach
To the Springs and thence up the fork.
of the Rio Grande. Shortly after La
bor day which he spent in Silverton
he returned to the Springs. Here tn,
peculiar actions of one Ben Nelson
who was witness in the trial Al
Silverton, attracted his attention. HI
was soon informed that the man hae
been hired by the Trubys to make
way with him. By one of his inform.
anti he was told that when the deet
was accomplished the assassin was tc
receive the sum of $500. 1t was ther
that Mr.. Cox resolved that if he hat
to be killed he would be killed among
his own people, and accordingly, early
in October of 1912, he returned to
| Cedar Hill. Here he assisted his rel.
atives, the Graves, on the ranch and in
the care of their stock. After his
return home he first saw a member
of the Truby family on October 23
when he noted in the distance John
Iruby driving on what is known as
the Mcintosh road, but not until la
ter did he learn who the man was
On this occasion Messrs. Cox, Graves
and Carmen were riding through the
Cox canon country hunting cattle and
horses, all were on the New Mexico
side of the state line. Mr.. Carmen
left the party to go to his homestead
Near the mouth of the Cave Springs
branch Mr.. Cox and Graves met Sam
TRULY and Paul Rowe. The lattsr two
men turned to the right of the trail
| while the first two named kept in
the trail. On the meeting Mr.. TRULY
hastened by and hurried to a point of
rocks on hillside. Here he dismount-
cd, drew his gun and fled to the
rocks. Cox and Graves had turned
their horses facing him and imme-
diately upon seeing him draw his gun
Graves dismounted and drew his. Mr..
Cox asked Mr.. Graves to let him go,
stating that "if he does not bother us
we will not bother him." Beside the
arroyo only scrubby sagebrush lay be-
tween the two men and Mr.. TRULY. In
the meantime they saw TRULY wave
his gun and heard him shout some
thing to his companion. Immediately
Rowe had ridden rapidly over the hill
To protect themselves the men rode
down in the canon. As they did not
know how many members of the Tru.
by faction were present they feared
they might be surrounded and com
menced Immediately to determine or
route to get out. At last Graves
left the canon and made for Cedar
Hill to get Sheriff Dufur. Mean
while Carmen rode from a distance
and seeing him exposed to the enemy
Mr.. Cox called him in the canon with
him. AS they rode out of the canon
Sam Truby shot twice at them. In
return Mr. Cox shot twice. Later
other shots were fired by Sam TRULY
hnf tnnI affant
spent locating points in photograph
of the section where the trouble oc.
Cured and which was entered as tes.
timony by the defendants.
At this point the witness was asked
regarding a silencer which he had
been told that Sam TRULY carried or
his gun and an advertisement of one
was entered as defense's exhibit &C.
On the night previous to the shoot.
ing Cox spent at the Graves ranch a,
Cedar Hill. On the morning of the
10th, the defendants had started ou,
to hunt milch cows and horses. They
were followed by two dogs. Mr.. Coz
gave their travels. They went ur
Cottonwood Springs canon up to the
Wash Graves claim. When coming
back down the canon they saw two
horses and riders ahead in the canon
Presently they met Sam Truby and 4
man whom they later learned was
Dave McCullom. Both were armed
Both pulled their guns. Then Cos
and Graves pulled theirs. One of the
men they met went to one side Of tht
canon and the other to the other
With their guns in hand they hid ir
the rocks.
AS this cut off their means of get
ting out of the canon, they stopped
and discussed the proposition they hat
To face and decided their best chanr..
lay in cutting across he country T.
Cox canon. They cut ACROSS the hil..
over rocks through trees and were OF
| various occasions walled in with cliff
and had to work their way out. The,
made the greatest haste possible con
sidering the country through which
they were travelling. Immetliatel,
upon seeing Sam TRULY pull his gus
Jesse Carmen rode away on horsnhacs