Semi-weekly herald., 1913-03-20


about two weeks previous to Nov. 10
he testified that he was following the
route which led to the Maggie Pieper
cabin. He related how when he saw
Jesse Carmen hurrying across the
+; mesa, he apprehended trouble for his
brother and how he unhitched his
horses and hastened after. He ar
rived in time to see the trouble and
heard several shots fred, possibly five
or six. The witness before leaving
the stand told Of how he assisted En-
gineer Goodman in making his sur
veys, by pointing out places, etc. AS
to having seen tracks on the route
other than those made by the defend
ants, Mr.. TRULY claimed they were
not to be found.
Paul Rowe was the next witness.
He gave his residence as Elco and
stated that he was in the employe
of Mrs. Elizabeth TRULY and had been
for the past year. Relative to the
trouble that occurred. On Oct. 90
Mr.. Rowe testified, that he and Sam
TRULY were driving some cattle over
what is known as the Bushelbereer
mesa and then up canon. Suddenly
they saw Cox and Graves coming in
their direction. Cox and Graves kept
the trail, Sam TRULY turned out.
Fearing there would be trouble the
witness stated that he tried to keep
between TRULY and Messrs. Cox ard
Graves. When they had passed Sam
TRULY told him to hasten for his
brother John. While he was making
his way across where Mr.. TRULY was
he saw Sam Truby dismount and take
his gun and start to flee to the rocks
for protection. Cox and Graves got
off their horses about the same time.
While reckoning for John TRULY he
saw Jesse Carmen in kneeling po-
sition with gun across his lap. Sud-
denly he heard two shots and few
moments later three or four in sue
cession. He was certain Sam TRULY
did not fire any of the shots as he was
Oh the run, seeking place of safety.
Directly relating to the scene of the
homicide on Nov. 10, he corroborated a
greater portion of the testimony given
by the several witnesses Immediately
preceding him. The witness did not
up to this point go into any of the de-
tails of his movements on Nov. TO-
An adjournment was taken until
Monday morning at 9 o'clock.
Morning Session
When court opened this morning
Paul Rowe was again called to the
stand. He stated that he spent the
night of Nov. in the AL Hill cabin
in Cox canon, in company with John
TRULY. He described their movements
on the following day substantially as
John TRULY did in his testimony. Com
mencing with the time of leaving the
cabin, brief account of the meeting
at the spring, the ride down the canon
and its being stopped by the call from
Sam Truby who told them of meeting
the defendants and later after de-
Gliding that no further trouble would
occur he and John TRULY went to
gather more cattle. Later in the aft
ernoon he saw the defendants wend-
ing their way in the direction of Ce-
dar Hill. He looked to see if they
were armed but from his position
could not see any gun. The witness
testified as to the general condition
of the land in the section. He also
gave a short account of the finding
of the shells, tracing the tracks, etc.
/ which corroborated the testimony Civ.
en- by witnesses.
On cross-examination Mr.. Rowe
testified that he had examined the
place surrounding the rock where the
| fatal shots were said to have beer
fired, and found no tracks there. Or
being questioned on the conditions re
garding the surrounding of the roci
replied that there was sandstone
and little dirt which had either beer
washed or blown there. In this par
ticular his testimony differed from
the testimony Of Ed Hendricks. Rela
tive to his personal history he stated
that he was born in Des Moines, Iowa
About three years later he had moved
to Oklahoma with his parents. A
portion Of his life was spent in Ne
braska. Before coming to this sec.
ton he passed about year in thu
vicinity of Cuba, N. M. For nearly
two years he has been resident oi
La Plata county, being employed frs
by the Pioneer Construction company
later by Charles Carter and the last
year in the employ Of Mrs. Elizabeth
Truby. Regarding the meeting Of
Sam TRULY and himself with the de
PENDANTS on Oct. 20 he stated that Co,
and Graves were going down tht
canon and he and Mr.. TRULY were
going up the canon. When they
passed Cox and Graves kept to the
trail and he and Sam TRULY went q
little to the right. He rode slow ant
l kent between the defendants and Mr.