Semi-weekly herald., 1913-03-24

story regarding the shooting Of Nov.
10, when Sam Truby was killed, was
substantially the same in all details
as that given in the direct examina-
ton. He denied that he had a spy
glass on this occasion, although he
possessed one. He admitted that while
on their way home the defendants
4, saw At the Al Hill cabin about five
hundred yards from their path two
persons whom they were reasonably
certain were John TRULY and Paul
Rowe but they did not tell them that
they had shot Sam TRULY.
The witness stated that as near as
he could remember his attorney was
the first person he told of the shoot
ing. When questioned regarding the
report that in response to telephone
message from an official in Durango
Mr.. Graves had denied to the officer
being away from the ranch on the
day of the shooting Mr.. Graves ex-
planned that either Sheriff McCluer
or Marshal Loveless called his wife
over the phone and asked if her son
\ was at home. She replied "Yes" to
his second question, that he had been
there all day. At that time Mrs.
Graves did not know Of the shooting
| nor did she understand who the speak
ar was.
Jesse Carmen, the third defendant
| was called to the witness stand late
in the afternoon. He gave his age
as ~, his residence as Cedar Hill and
stated that he was nephew of the
other two defendants. His testimony
! regarding the affray of Oct 23 and
the shooting of Sam TRULY on Nov.
10 was exactly in the essential parts
as given by the previous witnesses.
On cross-examination the witness sta
ted that he had never had any per-
sonal trouble with the Trubys, but he
was afraid Of them because of the
threats they had made against Cox
and Graves. He admitted that he shot
at Dave McCullom and did not stop
until he heard Cox call out, Don't
shoot any more; he has stopped fight
| ing now"
The prosecuting attorney, Mr.. Pull
liam, dwelt at length upon the degree
Of the witness fright during the
shooting. When asked why he took
part in the shooting when he knew
that they vera not firing at him, Mr.
Carmen replied that he did not want
to stand by and see his friends shot
Some of the little details of the af-
fair had escaped Mr.. Garments mem
Dry, but for the most part his an
swers were perfectly clear, made with
out hesitancy. He admitted that the
horses tina. the party rode that day
we're all shod and all the shoes were
removed on the evening of the 10th of
November, at the suggestion of Isaac
Cox. The defendants decided that
they might have to stay In Jail sew
eral months and If so, the animals
could not be used any way, because,
rs he afterwards said on direct ex-
animation, they were the only men at
the ranch and with their going the
women would be isft, alone.
r. s. Ridenour was called to testify
as to Carmen's reputation in the COM
munity. Their acquaintance was of
long standing and the witness stated
that Mr.. Carmen was known as a
peaceful and law abiding citizen.
James Banta, who assisted in car
ing for David McCullom, the night
following his injury, testified that Mr..
Cullom had said to him that although
he did not see them he WAS sure he
had been shot by some of the Cox
outfit. He and McCullom was in the
room alone when the statement was
made. On cross-examination the wit
ness stated that he had never conveyed
this information to anyone until about
ten days ago when he had told At
torney Russell about 1t.
Alfred burnett told Of the threats
made by William TRULY against Ike
Cox and John Graves, in which Mr.
Truby said he would kill them.
Calvin Burroughs related the va
rious incidents Of the trouble be-
tween Cox and Truby which occurred
a week prior to the shooting Of Will
liam TRULY. His testimony corrobo-
rated the evidence given by Isaac Cox
regarding the affair.
Robin Frazier testified to hearing
the threats made by Sam TRULY at
the time William Truby was shot and
Isaac Cox was trying to get to the
train TO give himself up to the off
cials. He told how TRULY insisted that
any efforts on the part Of the people
to protect Cox would not be successful
Mr.. Fraser was member of the party
which surveyed the route followed by
the Cox and Truby factions on Nov
10. According To his testimony Nj
Cox and the other defendants Travelled
much greater distance than the
TRULY party did to reach the point in
Cox canon where the shooting occur.
red-after the first meeting Of the
two parties in Cottonwood canon. Or