Semi-weekly herald., 1913-03-17

the witness stated that he was hard
of hearing, even experiencing diff
Guilty in following Attorney Russell.
But few minutes later he said that
when he met Mr.. Graves he was sew
enty-five yards away and that the per-
son concealed in the rocks was 1926
yards beyond him, but he could still
hear sounds of the conversation being
carried on-a total distance of about
425 yards.
On the morning the shooting oc-
Cured Mr.. McCullom's testimony re-
garding the happenings Tailed with
his affidavit used in the habeas corpus
proceedings to the point where on the
morning of Nov. 10 in leaving the
TRULY ranch. In the testimony he
stated he and Sam TRULY did not meet
Paul Rowe and John Truby until after
\ they reached the water hole over in
Cottonwood canon. In the affidavit he
swore that they met John Truby and
Paul Rowe at point about two miles
west of Mrs. Truby's place and to-
gether they proceeded to the Cotton
wood gulch.
According to the affidavit when
they met the defendants they imme-
diately got off their horses and kneel-
ing down aimed their guns at them.
In the testimony McCullom did not
remember whether they were kneeling
down or standing up.
In the affidavit he states that he
and Sam TRULY went their way home
ward later without apprehending trou-
BILE. In the testimony this morning
he stated that he supposed Sam TRULY
had his gun out of the scabbard be-
cause he did apprehend trouble.
Attorney Russell said last night that
in conducting the cross-examination
he had no desire to tire the court or
to mislead the witness, but he did
desire to learn the truth from the
witness and determine what he knew.
The court said at that time he had no
criticism to offer.
This morning Roy Goodman was
again placed on the stand and answer
ed various questions in regard to dis
tances, etc.
David McCullom was again called
to the stand, the line of examination
was very much the same as last night
The witness was not as free with his
answers as on the previous day and
was frequently heard to say, 81 do not
know" 81 do not remember" 81 am
unable to give an estimate" or 81 can
not answer according to my best judg-
ment." In more than one instance the
testimony conflicted with portions of
the affidavit read.
After Attorney Russell had finished
his cross-examination District Attor-
ney Lane asked the witness il he had
ever been on the stand before and he
replied he had not. II the witness was
confused Mr.. Russell seemed to be
trying to make all due allowances.
Once in answering why his testimony
differed from the affidavit Mr.. Nc
Cullom laid the blame at the door
of the attorney who prepared it. Mr..
Russell then asked, "Did you not read
the affidavit?" He replied, "Yes, but
l did not pay much attention to it."
The last witness called before noon
was Engineer Goodman again. He
was asked to explain in detail maps
offered for evidence. The tracks,
trails, wagon roads, abandoned and
now in use. The district attorney ask
ed various questions for the sake Of
locating objects upon the map, es-
pecially the map of Cox canon. In
previous testimony Mr.. Goodman sta
ted that at the time the principal part
of the data was gathered, there was
some snow on the ground, in places
it was dry and in others from one
half to an inch in depth.
A recess was taken until 1:3O. When
court convened County Surveyor Good
man was again called to the stand and
the matter of the location of objects
in the vicinity of the shooting was
continued. On being cross examined
by Attorney Russell the witness again
said that in making the survey he
made two trips to the vicinity of the
shooting. On Dec. s, 8, and he made
the second trip and completed the sur
vey.
Witness, when questioned by the
attorney as to the number of tracks
he discovered, said he could not tell
when those tracks were made or by
what horse. When asked If he did
not get his information regarding OBJ
jects and distances from others, he
insisted that he actually made obser-
vations and measurements. He ad-
mitted that it was possible that the
tracks discovered could have been
made by others who might have gone
over the same course afterward.
Considerable discussion took place
concerning the accuracy of witness
statement on direct examination that