Tombstone epitaph., 1921-08-21

way for long time. The phrase that
 it had been cold blooded murder"
 was stricken out under the courts ruling
 Her husband was not armed and hadn't packed his gun for several
 weeks, although he had carried his rifle on several occasions. she said. on cross-examination. She rode the range ever day for three years with her husband. she said. because it was loo lonesome home and when Dick was out alone she was worried.
 Dicks gun was introduced by the state and il contained only two cart ridges. For this reason. he did not carry it for several weeks before the killing, she said
 l On c-oss-examination, she said she had forgotten 10 tell Dick 10 take his gun the day of the sheeting. She added she always wanted him to take his eln because Jim had threatened him before. She knew there was bad :, blood between the two, she said. al though her husband tried to like Jim and stayed away from him to avoid trouble
 Sheriff J. E. Hood told of Jim com. ing 10 his office at noon on the 23rd and giving himself up Hood said he told Jim he was surprised that he would shoot his brother, and Jim said that he was not sorry what he did for Dicks sake On cross-examination. the sheriff said he remembered Jim saying he hoped Dick would recover. and that he did not think the wound was bad one. as it didn't go deep enough. He went 10 Kelly's house and saw Dick. the sheriff said. and Dick told him T told you what would hap pen" This was ordered stricken out He told Hood of making the state ment, but did not tell how the shoot iIs happened.
 Attempt of the defnse to introduce evidence on cross-examination regard ing a conversation held last night be tween the sheriff and Jim Haver.y was not permitted by the court.
 Following a conference by the states attorneys Sheriff Hood was recalled and stated on direct examination that Jim told him that Dick did not have a gun.
 Al 3;55 the state rested and the de- fease asked until tomorrow morning 10 line up it's witnesss. expecting 10 conclude by tomorrow evening with it's side of the case.
 Court will convene al g o'clock, when the case will be resumed.
 This morning the court ordered the exclusion Of part of the trestimony made by Mrs. Frank Moson. witness for the state. made during her test moly before recess last evening. in which she said Richard Haverty told her. 'it was a cold blooded murder" The point was argued at length on the matter of law and the better part of an hour was taken up at the opening of court this morning Mrs Moson re. sumed the stand and concluded her tes- timoDy. She said on direct examina- tioD that the deceased had made the same statements 10 her that he did 10 her husband and others present, 1 in which he said that Jim Haverty had shot him when he had his hands up after Jim had invited him off his horse 10 fight like man" Dick also i told her, Mrs. Moson said, that one of |. Jim's boys told his father following the shooting that he was a d. fool. I Dick Haverty also told her, she said, i that Jim would have shot him again I had not R. Smith. the brother in-law, stopped him.
 Frank Moson fas the second wit ness this morning His testimony was a repetition in most part of that of Mrs. Moson. He said he arrived at the Kelly place about Il o'clock and { was met by Jim Kelly, taken into the house and saw Dick lying on the bed. . I'm glad to see you Frank, so I.can tell you good bye before 1t is too late. because the bullet has gone to deep, dxst .ho ;x