Tombstone epitaph., 1921-08-21

water trough and windmill.
 Al the water hole" continued Haverty, we looked through the cat tie around the water. We did not find the bull. but saw him off on the flat and went and got him. We started home then. driving the bull across the flat 10 the road.
 This was about 10 o'clock in the morning. l was in my shirt sleeves and carried 45 six.shooter in scab bord with a belt"
 The gun, scabbard and belt were introduced in evidence.
 Tn driving the bull back to the road was on the left, and saw man on horseback coming over raise on the hill. IL was Dick Haverty, my brother. I saw we were going to meet him and turned the bull to the right in order 10 miss him.
 Dick turned and came 10 us. He approached in circle and dropped in behind. He said 10 Smith: Hold on T want to see you Smith stopped and I went on, but he said: Hold or there, Jim, by God l want to see you. too l turned back; Smith and Dick were talking. l couldn't hear all of the conversation, but Dick said he had 10 so and straighten up matter with Harry Smith said that was all right. Dick turned to me and said. Now, by God. Jim and l can't get along to- eether. You boys accused me of mak- ing that steer report
 He appeared to be mad. He said: You boys have got to stra;shten il up l told hin il looked like him; that he had been with those officers looking around holes and in houses. He said, By God Here is good place to settle il as any He iumpel from his horse and whirled his horse as he jumped.
 As he got off his horse heard him say: God damn you, I will kill you As he started off his horse l started off mine. When heard him say il I straishtened up on the horse and pull. ed my six-shooter.
 Up to the time he got off his horss hadn't seen his right side. He reigned his horse with his left hand. and his right arm behind him. [ thought he was after his gun when he said, God damn you. will kill you, ard I fired. My horse got scared and ran when the shot was fired. I was watching Dick and couldn't tell what happened to the other horses. told ! Smith to look and see if il was a wound Then made the remark, I like to have left my gun at home this morn ! ing Dick said, I did leave mine asked Dick if he wanted me to send his wife word and he said yes. but leave some. ndy with her. I told Smith to stay with him and do all he could.
 T rode over to see Belle tMrs. Jim Kelly. and went back to where Dick was. I left before Belle came l went into town 10 give myself up"
 Under further questioning by the counsel for the defense, Haverty said that Dicks land adioins his. but the two houses are about half mile apart. Both tracts adjoin the military EtscI cd4u luct uc s-6u liFSG there since the fall of 1905 and Dick since 1911.
 The witness testified concerning the relations of the brothers when they were boys and all living together in the Huachucas. He said that on one occasion, when they wer boys Dick threatened to shoot him. and that he prevented hiIn from shooting another boy with whom he had been scuffling at the Lowry troughs. On October 2s. 1918, he said that Dick Pete and himself had a conversation at the pasture gate and that Dick said it was a dirty trick for him to ge, Frank Moson to lease the reservation land.
 Frank Moson tried to lease that part of the reservation" the witness eaiA ..and Tick was helninR him.