Semi-weekly herald., 1913-03-17
AFFIDAVIT AND
EVIDENCE CONFLICT
TAKING OF EVIDENCE IN COX TRIAL CONTINUES
TODAY'S Developments REPORTED IN
fULL---COURT ROOM CROWDED

| springs are located. After cleaning
the springs, they were joined shortly
by Paul Rowe and John TRULY.
After spending something like an
hour together at this point, John Tru-
by and Paul Rowe started down the
canon, while McCullom and Sam TRULY
went up the canon on their way to
| clean out another water hole After
| travelling only a short distance they
espied Cox, Graves and Carmen riding
| toward them, and at that time some
| 300 or 400 yards in the distance. On
| beholding the member of the TRULY
family and his employe, Cox, Graves
and Carmen dismounted and grasped
their guns and pointed them at TRULY
and himself. McCullom said: Sam
and / turned our horses in the oppo-
site direction and rode until we caught
up with Paul Rowe and John Truby
| defendants at or near the same point
and still off their horses. We then
went back and joined the other. boys
! and went down Cottonwood about a
half mile. Sam and I cut across
over to Cox canon on our way home.
l left my shovel, but Sam had his
gun out of the scabbard and was car
rying it on the front of his saddle.
Sam was in the lead about three or
four feet.
Suddenly two shots in quick success
cession followed my attention and Sam
fell off his horse. AS he fell heard
Ike Cox say, 81 got that little s. o. b.
this time" looked up and saw Cox
and Graves on the rimrock behind a
large boulder. l rode around Sam
and rode as hard as / could. AS l
reached the arroyo my horse stumbled
and fell and threw me off. got up
and started on foot. Just as started
up the other side of the arroyo five
shots were fired, three struck the dirt
in front of me. One took effect in
my leg. fell and laid there nearly
half hour, too frightened to get up.
Just before the last shots were fired
1 looked up and also saw Jesse Car
men who likewise engaged in shoot
ing. After time Sans horse came
along where / was laying and l man
aged to crawl on him and go for help.
He told how he spent the night at
the TRULY ranch at Elco and the next
evening of being brought to Durango
and placed in Mercy hospital. Since
recovering sufficiently to be released
he has made his home with the Tru-
bys. Since that time he has not been
able to work
On being questioned as to the affi-
davit he made over the habeas corpus
proceedings he stated that he had
since read the affidavit.
AS the above testimony was taken
direct Attorney Russell for the defense
objected to it's being again taken
direct in the rebuttal.
On being cross-examined by Mr..
Russell, McCullom stated that Sam
1ruby carried his gun in the scabbard
all the time. He took the gun out
because the others did. At no time
did he fire the gun. At the time the
shooting took place he was carrying
the gun on the front of his saddle,
holding it in his left hand. He was
right handed man.
At this point Mr.. Russell called for
the papers in the habeas corpus pro-
ceedings, especially desiring Mr.. Nc
Cullom's affidavit.
AS the part of McCullom's testi-
mony that differs from his affidavit
is of special interest, we have given to-
gether the differences which were
brought out both this morning and last
evening. According to the affidavit
McCullom lived in Santa Fe until eight
years ago. According to the testi-
mony he left there when he was 8
years of age. When asked by the at
torney to explain the different state
ments, McCullom stated that he was
in great bodily pain at the time that
Attorney johnson took his testimony,
but he later admitted that in this re-
spect it was the affidavit, not the tes-
timony, was correct.
Regarding the circumstances at
tending upon and surrounding the
shooting Mr.. McCullom stated in the
affidavit that two weeks before the
shooting occurred he was riding on
the range in the state Of New Mexico
hunting cattle with Paul Rowe. About
two miles and a half from the point
Of the killing they came upon Johr
Graves and some other person hidder