Semi-weekly herald., 1913-03-20
cox ON STAND TELLS
HIS SIDE OF STORY
COURT ROOM CROWDED TO THE LIMIT, STANDING
ROOM AT A PREMIUM, AUDIENCE PAYS CLOSE
ATTENTION TO EVIDENCE OF THE DEFENDANT

When Joseph o. Smith was called
he gave under direct examination, cor
roborated the testimony given by pre-
vious witnesses, the nature and num-
ber of the horse tracks, the location
of the same determined by following
the path they Travelled for con-
siderable distance, the size and num-
ber of the mems tracks, finding of
shells, etc. On crosse examination Mr..
Smith explained the nature of the
ground through which the three rid
ers passed, dwelling especially upon
the number of trees and rocks that
covered it. With reference to the vi
cinity from where the shots We're
said to have been fred he stated that
il was almost impossible to go above
the shelfrock without passing almost
constantly behind boulders- As to the
distance from the point where the
shots were fired to the place in tie
trail where Sam TRULY fell tie wit
ness gave it according to tic engi-
lcer's figures as 212 Ia feet. He
based his conclusion that horses had
been tied near the place wiier, the
shots had been fired both by TIE ar
fearance of the trees and the ground.
Rc,ative to his personal RELATIONS with
the TRULY family Mr. Smith testified
thai the family had been his neigh
lors for number of years and their
relations had always been friendly
When asked if he had NOT scrong
personal feeling in the matter which
is now before the court, he replied
done. Mr.. Smith admitted that he
had been b memberlof IN ar'-s7d mob
who met Mr.. Cox alone several years
ago and some heated words regarding
passed between them. On this occa
sion Mr.. Cox was quoted as saying
in substance that ''If you fellows in
terfere with my sheep, will see what
can be done to your cattle" To this
Mr.. Smith says he replied, in sub
stance, "Mr. Cox, ! have had some
experience i'll that line myself, you
would better not do it." Mr.. Smith
denied saying anything which might
be construed to mean that Mr. Cox
had been advised by him not TO do
any shooting as he had had some ex
periencc in that line himself. In pre-
vious Cox-Truby trials Mr.. Smith
stated that he mad been witness
Dave McCullom was again called
to the stand. On cross-examination
he testified that on the day of the
shooting Sam TRULY wore big-hee!ed
Cowboy boots. Jim Banta, who it is
stated, passed the night with Ne
Cullom after he was shot, was asked
to stand up in the court room. Nc
Cullom did not remember as ever
having seen him before, and could not
recall who stayed with him on that
oco aston.
John TRULY was again placed on the
stand for cross-examination. The at
toIney for the defense asked numer.
Gus questions regarding troubles that
had occurred between the witness and
the members of the Cox family. Some
of these Mr.. TRULY denied as ever
having occurred, others he did not re-
call and some he admitted.
E. H. George was again called 20
testify. Under cross-examination he
told of the route followed on .Sov.
II where the three horse tracks mark
ed the way. In their examination a
discrepancy Of twenty-five feet was
not explained.
Dave TRULY was recalled to the
witness stand. Under direct exams-
ration Mr.. TRULY stated that he was
a SON of Mrs. Elizabeth TRULY, and a
brother of the late William and Sam
TRULY. He is a married man, whose
family numbers five children. He
gave his age as near 27. About nine
years ago he was convicted Of hose
stealing in the courts of La Plat1
county. Relative to the scene Of the
homicide, he visited the place on Nov
10. arriving there several hours befo'f
his brother was moved. The next daj
he was member of the genera
party who examined the vicinity an'
followed tracks for some conslders
BILE distance. His report of the find
ing of the shells, the imprints of men,
feet, the horse tracks and the rout'
along which they lay as well as de
scriptions of the same, Tailed per
fectly with the testimony of the for
mer witnesses. On cross-examinatiol
Mr.. TRULY told of Fastening to tn
scene of the trouble of Nov. 10 il
company with Johnnie Rhodes a
soon as he learned his brother ha
been injured. When they neared hin
they thought he was dead. Short,
after arriving John Truby and Pau
Rowe Joined them. All were on horse