Tombstone epitaph., 1922-03-05

| tefeu, OsDOIne LOOK DOtle OI Wnls- key from his pocket and handed it to me and took a drink. Later I had to go to the stockyards. and put the bottle in my pocket as I went out. Henry Etz. Lester Schwab and my self killed the whiskey that was left in it on our way to and from the stockyards in Etz' automobile. did not say anything about knowing where there was some more whiskey to Etz or Schwab and I did not say. as Etz testified. anything about kill ing anybody to get more whiskey
 "Osborne's car needed a new spring. He said he was short of money. but finally told me to go ahead and have the car repaired. When the car was ready drove it to the rear of the garage and went in the room where Mrs. Hoover and Osborne were. Both were drunk. I told them to get, the car was ready and that. as they were both drunk. to get the hell out of there
 Red went out into the alley Then he returned and stood in the door with one hand on the casing of the door and the other on the doorknob. l was sitting on the bed He accused me of having taken his booze ! jumped up and told him to be reason able, that he knew l wouldn't steal his booze He insisted that had this He reached for his hip pocket with his right hand and l shot at his arm. He started toward me and I fired three more shots and killed him. shot only because I believed my life was in danger 1 had never seen Osborne as long as I'd known i him. without a revolver or rifle. And l thought then that he was armed"
 Mrs Hoover sat on the bed after the shooting. said Bennett. until he took her by the arm and led her to the Mansion Hotel She was still drunk. Bennett said.
 Bennett denied having asked M. O. Smith, w. C. Martinez or Lester Schwab to testify that they had wit messed the shooting.
 Why should l have needed to ask them to say that" he said.
 When Sheriff Hood. Coroner Ruck. CT and others searched the body. watched them" testified Bennett. II expected they'd find a gun on him: thought when shot that he had one. but they didn't find any. saw them take big knife out of his right pock- ct, though.
 ! Bennett said Osborne was a man about B years of age, six feet tall and weighing about 1S0 pounds Bennett said he, himself, was only five feet tall. 49 years of age and weighed about 1853 pounds.
 Bennett testified that he had been told many times by friends that Os- borne was a bad actor" when he was drinking.
 Bennett said that. during the day. he had not seen Osborne without a coat on and did not know that he was not carrying gun at the time of the shooting. He denied that he had of. fered a drink of ''moonshine" to Mrs. Hoover or Osborne. as Mrs. Hoover had testified.
 i Bennett's direct examination was completed shortly before the noon hour and cross examination conduct. ed by County Attorney J. F. Ross lasted the better part Of two hours, in which the state sought to shake the defendants story regarding the shooting, entering into details of the shooting. his testimony given at tho inquest, his actions toward several witnesses who testified at the inquest and why he had not said they had sworn to something he knew was false, and o.aer phases Of the case. The defendant entered a general de. nial to all qustions asked him by the states attorney and he reiterated many times that he shot Osborne to protect his own life.
 Following Bennett's cross-examina- tion being completed. the defense fol- ilo-al -xxh = Ao-.- .- -~.~ -sx-~-.~.