Semi-weekly herald., 1913-03-20


horses to Cottonwood canon. Regard
less of the rough country, the torn up
soil and various imprints of the horses
feet indicated the riders were going
Jat rapid rate of speed. Attorney
Russell objected to the answer on the
ground that the witness was not an
expert on speed. The objection was
overruled From point known as
Carmen's fence, Mr.. George followed
fresh horse tracks up to Cox canon.
A short distance past the divide he
| found the other track, which he be-
| lieved to be the ones first followed.
| Mr.. George testified that he later
pointed out the line of the tracks to
Engineer Goodman when he made his
survey of the country.
On cross-examination Mr.. George
| stated that he first heard definite news
of the homicide from Joe Smith on
Nov. 10, about 6 o'clock in the even
ing. Just previous to that time his
wife had informed him of a rumor
| of the shooting. A half hour later
| he left for the scene of the trouble in
company with his father. When he
arrived there several were already on
| the ground. Among the number be-
ing Joe Smith, Paul Rowe, and Dave
TRULY. Sam TRULY was where he fell
when he was injured. On being asked
if any person examined the hillside
| and the vicinity of the rimrock that
evening, the witness replied, not to
his knowledge. Regarding his ex-
animation of the country and condi-
tions the following day, he stated
there were several rocks on the hill
side, in fact the landscape was COW
cred with them. He gave the loca-
ton of the first three shells found
as being at the south end of the rock
about two feet apart. The remainder
were found a very few feet back up
toward the point where the horses
stood. He then reviewed the evidence
given in the direct examination re-
garding the mems tracks, the finding
of the shells by the other party, and
spoke of the impossibility of viewing
from the boulder the trail where Sam
TRULY lay. He said he had had con-
siderable experience in tracking. He
insisted that all indications pointed
to the riders who went toward Cotton
wood canon were going at rapid gait,
IN fact there seemed to be but one
place where the animals walked. The
attorney for the defense and the wit
ness spent some time discussing the
different foot tracks horses make
when going at different rates of speed.
In this they were not wholly agreed
Mr.. Russell pointed out to the witness
the way in which his knowledge (that
is the witnesses knowledge) of the
regarding a meeting between his party
and Sheriff Dufur and Marshal Love-
less, Mr.. George stated they met on
what is known as the west side of
the hog back, but did not go together
as the officers were riding and the
party was on foot, although Marshal
Loveless did follow along behind. In
response to the attorneys question re-
garding discussion of the number
of tracks, two of which lay in an
other direction, Mr.. George had only
an indistinct remembrance of the in
cident. Marshal Loveless, it seems,
was told by the party the tracks were
made by the horses of Sam TRULY and
| Dave McCullom. When the attorney
, asked the witness if the marshal had
not insisted the tracks of the two
men be followed, he had received an
unfavorable answer to his request, the
witness apparently did not recall that
erence to the survey made by Engi-
neer Goodman, Mr.. George stated that
he was not with him when he sur
veyed the boundaries. District Attor-
ney Lane asked the witness if he noted
any signs where rider had dismount-
ed, excepting the one who wore the
smallest shoe. He answered he had
not.
District Attorney Lane was the next
witness who took the stand. He gave
a detailed account of his trip to the
scene Of the homicide on Nov. IL. He
told of the finding of the shells and
the attendant circumstances which
was in substance what was given in
the testimony of the former witness.
He stated the shells, eleven in num-
ber, were now in his possession, the
same were entered as evidence and
numbered peoples exhibit No. 13.
Some hair found on rock in the vi
cinity was also entered as evidence
and is to be known as peoples exhibit
No. Ia.
Ed Hendricks followed the district
attorney on the witness stand. He
gave his residence as Riverside, his
age as So, and his occupation as farm
ing. He went to Cox canon on the
evening of Nov 10, while Sam TRULY
lay where he fell after being NOR