Semi-weekly herald., 1913-03-24
nation the witness testified that tn.

the man moving the gun I'd place q
package where it had been tied on his
saddle.
Dr. Schumacher and Frank Kohl
were called to the witness stand bu,
, both were absent from the court room
An adjournment was taken until $3.50
this morning.
Morning Session
More than twenty witnesses testi-
fled for the defense before the noon
recess today.
A. ID. Mcintosh, who resides down
in the vicinity of Cave Springs, q
point that has been his home for eigh-
teen years, testified that during his
entire residence there sheep had
ranged in that section.
Charlie Wood, nephew of Cox and
Graves was present at meeting in
1908 when William TRULY and Cox
had trouble over the Cox sheep herds
Wood had testified as to the affair at
previous trial. The exact nature OF
the testimony caused considerable dis
cussion between the attorneys for the
state and the prosecution. Attorney
Russell demanded that the prosecu-
ton produce the testimony they had
stated that the witness had given at
the previous trial.
John Frazier stated that he had first
learned of the shooting of Sam TRULY
from his mother on the afternoon of
Nov. 10 about 2 o'clock. The witness
testified that he saw but was not a
part of the armed mob who met Ike
Cox at Bondad switch near the holiday
season of 1906. He said part of
the company carried guns in their
scabbards and others carried them on
their shoulders. A few were not arm
ed On cross-examination Mr.. Frazier
said he was not unfriendly with the
Trubys but might possibly feel bit
unkindly toward them on account of
the trouble existing between his broth
er and the family.
DR.. William Schumacher related
how William TRULY had stated to him
while discussing range trouble that
he would kill Cox before he got
through with him.
Roy Cox, the 23-year-old son of Ike
Cox, told of troubles over sheep that
he had had with the Trubys.
Alfred Cox, the 19-year-old son of
Defendant Cox. told how John TRULY
had said to him on one occasion that
If they did not get out with the sheep
he would shoot them out, or words
something to that effect. On the
same occasion John TRULY had said
to him that he had good notion to
poison the springs over in Cox canon
and get the whole id outfit.
N. Bilpando verified this testimony.
Firman Hamor related the details
of the meeting between armed citi-
zens of the Elco section and Cox in
1906 which ended in an amicable set
tlement as to the route Cox should
take in getting his sheep out of there
| Hamor testified that J. o. Smith had
| said to Cox, that when 1t comes to
shooting, that he had had some expert
ence in that himself.
Quincy Cornelius testified that the
Cox canon country had been used
for sheep grazing prior to 1908 and
enumerated those who had so used the
grounds.
Frank Kohl and George Blancett
both testified as to the presence OF
Graves and Carmen in the Mesa noun
tains on Oct. 27 and %.
H. Craig stated on the witness stand
that he thought he had seen a silencer
on Sam Truby's gun but it might pos.
sibly have been something else.
P. A. Nelson, the second hand man
testified that after the killing of Will
liam Truby, and just previous to the
shooting of Isaac Cox, Sam Truby had
been in his store to purchase silencer
for his gun, stating that he had lost
his. He did not succeed in making
the purchase as Mr.. Nelson did not
carry them in stock.
Tim McCluer, x-sheriff of La Plats
county, testified that he learned that
Sam TRULY was carrying a silencei
on his gun and notified Ike Cox t.
this effect.
| W. r. Mason told of a conversation
he had with Sam Truby regarding Co,
in which TRULY said he could not lei
their trouble drop.
Elmer Fleisher of Florida mesa tolt
Of advising Sam TRULY about five day
previous to the shooting to keep out o.
Cox canon. TRULY replied that h,
would be id If he would. And tina
he would go there if he had to xii
every devil of them (referring to tn,
Cox faction).
On this same date William Bon,
likewise advised Truby to keep out O
Cox canon to avoid trouble Trub,
had asked him to see Graves and Coz
and see If they would not leave tn
TRULY employees alone. This witnes
testified that Immediately after tn
trial of Cox for killing William TRULY
Sam Truby had said to him in sub
stance and effect am get Ike Co,