Semi-weekly herald., 1913-03-17

frequently found in the Cox canon
on the Truby cattle range. He said
they were there not in the open but
usually hiding. He spoke of an in
stance when they were seen with their
guns in threatening attitude.
On Sunday, Nov. 10, 1912, he stated
that Sam TRULY and David McCullom
left the TRULY ranch at Elco and
started over to Cox canon to look after
cattle and clean out some springs fire.
quented by the stock. TRULY was
armed with a Winchester which he
carried on his saddle while McCullom
carried a shovel, but with no other
weapon of defense more dangerous
than pocket knife. In order that
all details of the attack might be
made clear he gave an extensive de-
scription of the geography of the
country in and surrounding Cox canon.
He dwelt at length on the statement
that the errand of TRULY and Nc
Cullom was entirely of a peaceful ma
ture and of their efforts to avoid
trouble when they saw the defend
ants along their pathway. He then
gave review of evidence to prove
that the shooting was premeditated
murder. He told of the nature of
the wound and how the injured man
was hurled from his horse and how
he lay for hours face downward wait
ing the arrival of help, whom his
wounded companion, who was also
shot in the affray had gone to seek.
How he was found with his rifle under
him with not cartridge in the breech
of the gun. He told how he was rush
ed to the hospital and how at the
time he was found and later at the
hospital of the account of how he
had been murdered by the defendants.
The statements were made knowing
that he could not live, in fact death
occurred not more than fifteen min
utes after his testimony was given to
the district attorney, and the dying
man, Mr.. Lane claimed, knew full
well the end might not be further
away.
Mr.. Lane stated that experienced
cattlemen and trackers went over the
ground and found sufficient evidence
to substantiate the statements made
by Mr.. TRULY and his companion, Da-
r-tH an al In, y,
statements he said that the evidence
and the witnesses would prove the
charges as set forth in the informa-
tion that the defendants are guilty of
murder.
Speaking for the defense, Attorney
Ben Russell stated that it was his
right and duty to give brief out
line of the evidence that would prove
the innocence of the defendants While
he admitted that Ike Cox fired the
fatal shot which caused the death of
Sam TRULY, he said that evidence
would show that the shooting was
done in justifiable self defense.
Mr.. Russell stated that the defense
would prove two things, first that
there had been for six or eight years
conspiracy on the part of the Trubys
to kill Ike Cox. In this conspiracy,
he stated, the evidence would show
the Trubys were later joined by An
drew Ripple and possibly by Joe Smith,
ex-sheriff of La Plata county. Sec
ond, that Sam TRULY was killed by
Ike Cox in necessary self-defense.
His history of the affair commenced
back thirty-ive years ago when the
father of Ike Cox settled down in the
vicinity of Cox canon, which was
named in his honor, and recalled por-
tions of this land had remained in
the possession of the Cox family all
those years.
According to Mr.. Russell, in the
year 1904 Ike Cox sold his cattle in
tepests and went into the sheep bust
ness. The first trouble between Cox
and TRULY occurred one year later
when Bill Truby one day rushed into
the Cox camp riding over his sheep
and beating the owner over the head
with bridal rein and demanding that
he get out of the country with his
sheep. In fact this was Cox's first
introduction to the TRULY family. Next
day John and Sam TRULY came to
the Cox camp and admitted the con-
duct Of their brother had not been
proper and tried to fix up the trouble.
/. sceins the amicable adjustren. of
affairs was only of short duration as
a little while later the attorney stated
that one of the TRULY boys ordered
Cox and his sheep out of the country
or he would shoot them out. The old
controversy between the sheep and
cattlemen over range rights continued
until the Coxs and Trubys met and
made gentlemen's agreement as to
division Of range and Attorney Rus
sell claims that this agreement has
never been broken by Mr.. Cox. In
the years 1909 and 1910 no trouble
existed as Mr.. Cox ranged his sheep