Semi-weekly herald., 1913-03-17
cox, GRAVES AND
CARMEN NOW ON TRIAL
Jury Hearing Evidence of Witnesses
in Long Drawn out Controversy
Over Range Rights
(From Fridays Daily

every available seat in the room was
taken. At the table reserved for the
prosecution were seated District At
torney Lane, his assistant, Attorney
Pulliam, and Henry TRULY, brother
of the late Sam TRULY. At the table
with the defendants were their at
torneys, Messrs. Russell and Reese.
Mrs. Elizabeth TRULY was the first
witness called by the prosecution. She
gave her age as 66, her residence as
Elco and her business as cattle rails
ing. In her business activities she
had been principally assisted by her
son Sam. Since his death the cattle,
she said, had little care. The district
attorney stated that by way of pre-
liminary he was asking her various
question regarding the geography of
the Elco country where she has made
her home for about thirteen years.
Directly bearing on the case Mrs. Tru-
by stated that on the morning of Nov.
10 her son Sam and David McCullom,
who was employed there, left the
ranch for Cox canon to look after
cattle and clean some springs where
the stock watered.
Dr. E. E. Hobby was the next wit
ness. After answering number of
questions regarding his professional
training and experience, he testified
that he assisted in the autopsy on
the body of Sam TRULY on the night
of Nov. II, 1912. The other physicians
were Drs. H. A. Lingenfelter and Nc
Even. At the request of the district
attorney DIR. Hobby read the notes,
giving complete account of the au-
topsy, which bore on the nature of
the wounds, courses and causes OF
same. A complete discussion of the
notes followed, especial stress on the
course of the bullet which entered
from behind the ear. was laid by the
attorney for defense in his examina-
tion of the witness.
DIR. McEwen testified to the accur-
acy of the notes presented by DR..
Hobby and also gave brief account
of the autopsy.
DR.. Lingenfelter, who attended Sam
TRULY after he was wounded and la
ter directed the autopsy, was the next
witness called. His testimony was
wholly of a professional nature and
confined principally to the autopsy
D. C. White, the photographer, was
asked to identify pictures known as
peoples exhibit 1-S inclusive, which
show points which have part in the
scene of the shooting. These places
were designated to the photographer
by David TRULY and others.
David TRULY was called to the stand
and substantiated Mr. Whites state
ments regarding assistance given In
selecting points to be photographed.
These points were designated to Mr..
TRULY by David McCullom, who was
later examined, testifying that he
pointed out places as stated by Mr.
rruby.
A recess was taken from IL to 1:3O
this afternoon.
D. C. White, the photographer, was
recalled to show points, distances and
angles of pictures taken.
As we go to press County Surveyor
poy Goodman is on the witness stand.
More than two hundred people as
,embled in the court room late yes
terday afternoon and listened to the
attorneys for both the prosecution and
'efense outline their evidence.
District Attorney Lane for the state
,pent one hour giving synopsis OF
the evidence the state will introduce
to prove the charges preferred against
Isaac Cox, John Graves and Jesse
.'armen-that they did on Nov. TO-
e12. feloniously, with malice afore-
thought, murder Sam Truby. He sta
ted that the law provided steps for IN
vestiqation of death met in an un-
certain way and recited how these
stseps in this case had been taken. de
gave a detailed account of the action
of the states representatives in ar
irving at the conclusion that they
could produce the evidence to substan-
tiate the alleged information against
the defendants.
Mr.. Lane said that he had been
advised that the trouble heretofore
existing between the so-called Iruby
faction and the Cox faction was not
material in the case, but he would
nevertheless review it. He admitted
i'll will existed on both sides, that
both had been parts to a controversy
of long standing, something like eight
wears in duration. He reviewed brief
ly the trouble which resulted in the
killing of William TRULY and also
spoke of the assault committed on the
person of Isaac Cox some two months
after the killing occurred He stated
that Mr.. Cox firmly believed that Sam
TRULY was implicated in the assault
Mr.. Lane then gave detailed ac-
count of some of the transactions