Semi-weekly herald., 1913-03-24

attorneys commenced their argumen
this afternoon at o'clock. Both side;
agreed not to prolong their respec
tive pleas to exceed three hours.
Yesterday afternoon Archie Mccoy
county assessor of San Juan county
and Richard Hendricks were callec
to the witness stand to testify tc
the splendid reputation as a peaceful
and law abiding citizen borne by Jesse
Carmen. John Waters, Tim McCluei
and G. W. Mcintosh, George Blan-
cett, B. w. Sease and Monroe Fields
testified to the same excellent reputa-
ton that John Graves bears. Mr.
Fields reserved his testimony to ap-
ply to the time previous to the Cox
TRULY trouble which assumed its first
serious proportion in April, 1911, when
Isaac Cox shot William TRULY. Robin
Frazier, Tim McCluer, j. NJ. Cornelius
and w. NJ. Mason testified that the
late Sam TRULY did not bear good
reputation.
Shortly after o'clock yesterday
afternoon the court took a recess until
s awaiting the arrival of Sheriff Du.
fur of San Juan county. When court
reconvened the defense opened new
line of testimony. In this Marshal
Loveless of the mounted police of New
Mexico was the first witness. On
Nov. 10, the day Sam TRULY was
shot, Marshal Loveless was in Du-
range. The following day he went
via the d. G. R. G. to the Graves homo
at Cedar Hill, where in company with
the three defendants, Sheriff Dufur,
and Attorney Russell, he started on
horseback to go over the ground
where the shooting occurred. The
defendants did not cross the New
Mexico line. The two officers and At
torney Russell went to the spot where
Mr.. TRULY lay after being injured and
here they noted that several had pre-
ceded them as number of saddled
horses were hitched near. The party
then retraced their path down Cox
canon to the mouth of Cottonwood
where Mr.. Russell left them. Riding
up the ridge which separates Cotton
wood from Cox canon, they encoun-
tered two tracks which they learned
later from the members of District
Attorney Lanes party were made by
the horses ridden by Sam TRULY and
notya MeCntlon, I thatr oil
crossed the three horse tracks which
were identified as those made by the
ponies ridden, by Messrs. Cox, Graves
and Carmen. Marshal LoveIess point
ed out the two tracks to Mr.. Lanes
party and asked they too be followed
to determine where they had gone.
Mr.. Lane stated that he knew whose
those were and didn't care anything
about them. On first viewing the
tracks made by the Cox party horses
the marshal was mistaken in thinking
there were only two, but later he
stood corrected on this error. The
officers did not remain long with the
Lane party but soon left for the New
Mexico side. On the following We'd
nesday, the 18th, Marshal Loveless,
Sheriff Dufur, Sheriff McCluer, Quin-
cy Cornelius, Cox, Graves and Car
men and Attorney Russell went to this
point between Cottonwood and Cox
canon to the spot where the two tracks
had been found. They traced them
for distance of about fifty yards
and found where the horses had been
tied. The riders had evidently dis
mounted and gone to the top of the
rimrock which overlooks Cox canon
a point three or four hundred yards
distant. From that spot they had 9
view of Cox canon for about mile
and half. The men had apparently
been in wait there for some time, as
a spot behind a rock and under &
pinon tree showed where they hat
been seated. The mems tracks lee
back to the horses and after the rider!
had remounted their paths lay along
down the mountain to the Cox canor
where they had turned north into th'
main trail.
Evening Session
On cross-examination Marshal Love
less was asked if he did not have con
siderable prejudice in the matter. HI
said that he did not, that he hat
never met any of the parties con
c"rned until after the shooting. HI
stated that he had offered the DIS
trict attorney all possible assistanc
in the matter and had been assui e
that there was nothing he could dc
Mr.. Lane accused him of trying t
give evidence previous to the tria t
mislead the prosecution. This tn
marshal emphatically denied. Attcr
ney Lane asked if it was not true tina
he had passed various notes TO At
torney Russell during the court pro
ceedings in order to assist him wit