Semi-weekly herald., 1913-03-24
cox CASE GOES TO
THE JURY TONIGHT.
EXAMINATION OF WITNESSES AT END---ATTORNEYS
WILL NOT TAKE MORE THAN THREE HOURS EACH
TO MAKE THEIR FINAL PLEA TO THE JURY

| nc passed q couple In answer 10 uueS-
tions. The marshal was asked to ex-
plain telephone conversation which
he was said to have had with Mr..
| Cox or Mr.. Graves on the evening of
| Nov. 10 last in which they assured
him that neither of them had been
away from the farm all day. The
conversation having been repeated to
some one the evening it occurred. Be
fore the witness could answer Attor-
ney Reese objected to the question as
being improper and the judge sustain
ed the objection. Later on direct ex-
animation the witness was asked re-
garding conversation he had with
the TRULY boys down in the vicinity
of the Strater hotel Before the at
torney for the state could interpose
an objection Mr.. Loveless stated that
in that conversation he had told the
TRULY boys and Mrs. Leiper that he
had a warrant for their arrest issued
by the district court of San Juan coun-
ty, New Mexico, that the name of
the late Sam TRULY likewise appear
ed on the said warrant He had asked
them what they were going to do
about it. At this point District At
torney Lane made his object heard
and the court sustained it. The wit
ness was then excused.
Sheriff Dufur's testimony corrobo-
rutad thnt civ hr ,1
less. When asked if he was not pref
udiced in the matter he replied he was
not. He admitted that he had had of
fetal trouble with the Trubys, but not
personal ones.
Archie Mccoy, county assessor of
San Juan county, was also a men,
Der of the party who traced the Tru-
by-McCullom horse tracks on Nov. 49,
His testimony likewise corroborated
that given by the two previous wit
nesses.
Quincy Cornelius testimony covered
exactly the same points in the same
as did also Sheriff McCluer's.
Here the prosecution rested their
case and the rebuttal commenced.
Mrs. Elizabeth TRULY was called on
the stand to testify that the night
of Sept. 8, Sam Truby was at home
and not in Durango as supposed to
be stated in the affidavit made by
II. Southard. AS some misunderstand-
ing existed regarding the exact in
depreciation of the Southard affidavit
he was recalled to the stand and tes-
titled that he was not positive as to
the exact date, probably it was a
couple of days earlier or a couple of
days later.
Henry TRULY, Dave TRULY, Paul
Rowe, John TRULY and David McCul-
lom were called especially to refute
the testimony given regarding the 81
lencer carried on Sam Truby's gun.
Mr.. McCullom refuted the testimony
given by James Banta, and John Tru-
by regarding the statements made as
to his trouble with Allie Cox.
Morning Session
This morning David TRULY, John
TRULY, Paul Rowe, Ed Hendricks, Joe
Smith and E. George testified in the
rebuttal For the most part their
testimony was to refute the testimony
of the witness for the defense re-
garding the route followed by Sam
TRULY and Dave McCullom as indi-
Gated by their tracks.
The court took recess from IL to
1870 when the judges instructions
were read to the jury. The arguments
which are not to exceed six hours in
length commenced at 2 o'clock. These
will doubtless be completed before
$3.50 this evening.