Semi-weekly herald., 1913-03-20

Attorney Russell called to the wit
ness mind the fact that he had vis-
! tied him on March and introduced
himself as one who represented the
+, interest of the defendants in the case.
On this occasion he had requested him
to give him what information he pos
sessed regarding the case and he had
refused to do so. "Why," asked Mr..
Russell, 'did you refuse?" Because"
replied the witness, ~ was not giving
out information on either side" Mr..
Russell pointed out according to his
testimony he must have divulged his
knowledge or part Of it to the dis
trict attorney. To this Mr.. Hendricks
made response which was rather
non-committal. Regarding the tracks
which led from the rimrocks to Cot
tonwood canon, Mr.. Hendricks said
there were three horses, all shod. Re-
garding the tracks shown by the New
Mexico officers, the party of which Mr..
Hendricks was a member, he stated
that Mr.. Loveless was mistaken about
the tracks, as he thought that the
three horse tracks were only two
tracks, and he further intimated that
Mr.. Loveless' knowledge Of tracks
were not given much consideration by
his party any way, as one of them
had said with few qualifying ad-
jectives and an uncomplimentary term,
the marshal did not know a horse
| track from COW track.
John TRULY was the next to testify.
He stated that he was son of Mrs.
| Elizabeth TRULY and brother of the
late William and Sam TRULY. He
gave his age as past forty years. AS
boy he assisted in caring for stock.
Later he went to the mines where
he was employed for about eighteen
years. The past four or five years he
had been in the cattle business. He
was experienced in tracking stock, es-
pecially in caring for his own and felt
qualified to pass upon the rate of
speed horse was travelling.
Three days previous to the homi-
eide he and Paul Rowe camped in the
Al Hill cabin at the mouth of Cot
tonwood canon where they expected
to remain several days looking after
cattle owned by himself and his moth
err. On the morning Of the tenth
couple or more hours before midday
he and Paul Rowe went out to look
after cattle. They rode number of
miles, later going to Cottonwood
springs where they met Sam TRULY
and few minutes later were Joined
by Dave McCullom. After watering
the stock, the party passed some time
talking and joshing." Later Sam
and Dave McCullom started up Cot
tonwood but Paul Rowe and the wit
ness went down. Sam was armed with
25-35 Winchester which he was car
rying on his saddle in scabbard. Da-
vid McCullom had only the shovel
which he had used in cleaning out the
| spring. A few minutes later the wit
ness said the attention of himself and
his companion was attracted by a
noise which proved to be Dave and
Sam riding towards them. They had
met coming down the canon the de-
PENDANTS and on beholding TRULY and
McCullom had dismounted and aimed
their guns at them. Dave McCullom
and the witness went back and saw
the defendants standing guns in hand.
They supposed they were following
the Trubys and their employees. Some
where along there McCullom dropped
his shovel and John TRULY went back
and got it week or so afterwards.
AS no further trouble occurred Sam
TRULY and McCullom started home
ward and the witness and Paul Rowe
entered the gate and gathered the
cattle and watered them. The next
time Mr.. TRULY testified to seeing the
defendants was about in the after.
noon. They were on horseback and
were followed by couple of dogs
All were heavily armed.
At this point recess was taken
until 7:30 p. m.
Evening Session
4 When court convened at the hour
designated John TRULY WIS again call.
ed to the stand. On direct examina-
ton he told of the party examining
the hillside on Nov. II, finding shells
following tracks, nature of same, etc.
all of which corroborated the testi-
mony given by Messrs. George, Lane
and Hendricks earlier in the day. Or
cross-examination he told of following
on Nov. IL, the tracks made by Sam
TRULY and David McCullom made the
day of the homicide. He stated that
the night on Nov. 9 he spent in the
AL Hill cabin. The next morning in
company with Paul Rowe he went out
after cattle and later they journeyed
to the spring where they met Sam
TRULY and David McCullom. At this
point the attorney for the defense pro.
duced the affidavit signed by the wit
II ness which was introduced in the