Show A royal baking powder hot flot biscuit is the luxury of eating 7 MADE AT HOME A yes sit sir Q so that mr 0 it if morris would be to the front and the left of you A yes sit sir Q from your position you may state to the jury whether or not you could see the front of the store building without turning A no sit sir I 1 would have to turn my head Q now what was the occurrence occur ence it if anything which first called your attention to the arrival of mr cobia cobian A A remark made by mr cobia Q you over heard it as you stat ed A yes sir Q what was that remark A the remark was well I 1 am here you G d right iam I 1 am here Q what lid did you then do withdraw that last question you may tell li lio t i y what was abe tone ol oi voice in which that remark was made loud or soft or whatever it was A very tough rough and loud Q you may state whether or not it was in an all angry tone A it appeared to me to be in it an angry tone Q what did you then do A arose immediately Q and did what A and went to the front of the store Q where did you go A I 1 went to the window or the glass door Q which did you go to A the glass door that is the window of the door Q where did you go from that pillar A I 1 went from that pillar directly to this point to the glass door Q that is to the eastern one of those two doors in the middle of the front A yes sit sir Q what did you do here A I 1 looked through the door Q now after arriving at that glass door what did you do I 1 mean as to malting making any observations A after arriving at that door I 1 looked through the window of the door and saw what was going on outside Q now who did you see outside A I 1 saw my father and also mr cobia Q where was mr cobia ahe he was seated in his rig Q where was the rig A along in the front of the plat form orm Q near the steps or 0 r to one side or the other from those steps where was the rig located did you say A the rig was located in front of the platform Q now this platform extends the full length of the building A yes yea air Q now in front ot of what part of tho the platform was he A well I 1 believe as near as I 1 can remember along about in the middle of the platform or perhaps a little to this side that Is the hind wheels of the rig may have been about in the middle of those steps but I 1 11 am not sure Q at any rate the rig as you call it had not entirely passed the steps as you observed it A I 1 believe not Q so that it was in a direct line of vision ision where you were inside the store A yes sit sir Q what kind ot a rig was that A I 1 think the rig was commonly called a light wagon but SOMO some people call them white tops I 1 believe that is what people call the rig but it had no white top on Q you may state whether or not there was any top on h it at that time A no sir air there was not Q did you make any observations observation any time during the evening as to how many seats there were in the rig A I 1 did not Q what kind of animals if any did sir cabla then have attached to his hh rig A I 1 think he had a team of mules Q now that the jury may got get a better conception of the rig it is one of those very heavy carriages heaviest kind hind of a carriage sometimes called a light wagon A that was the kind he commonly drove but just what the rig was that night I 1 dont know only that it was a rig r I 1 g Q and that it was a rig of medium weight did you make that observation A yes sit sir Q where was sir mr cobia in that rig A ile he was in the front in the seat Q there was a seat up tip near the front was there A yes sir air Q did you see your father at the time you looked out A yes sir Q where was your father A he was at the back of tho the buggy Q on the platform or off the platform A off the platform Q what did you see mr air cabla doing at that time A I 1 saw him pointing the six shooter or revolver at my father Q you saw at that time mr dir cabla was in the front of the rig which way was the rig facing to the thelast east or to the aest nest A facing to the west Q and your father was you say aay off the platform and behind bel lind the ri A yes sir Q what was your father doing A at the time I 1 saw him he be was stooping down kinda as I 1 took it to shield himself by the buggy mr cooke I 1 move to strike that out as a conclusion the court it may go out tell the appearance he was wag in awell he was la in a stooping position mr thatcher that is to say he be was as crouched down behind the carriage A yes air Q now nicil way was mr M 1 cabla facing at the time IL A mr cobia at that time had turn tura ed as near us as I 1 can remember around with his chest towards the store but twisted in this condition or position indicating and pointing at my father at the back Q you are turned around as ag to directions are you not A no sir Q you are arc facing east A yes sir Q codias cobias rig mas a as then facing west A yes sit sir Q your father was east of cobia A yes sir Q so that it i mr fr cobia had been sitting in his wagon at that time the lower part of his body was turned away from your father A yes sir Q now you say that he was turn ed in what mannera manner now stand up hero here and tell us the direction what mr bit cobia would be in when he was driving the rig A lie ile would be turned in this manner Q that is he had turned around facing the store A yes sir Q with his arm extending down towards your father behind the buggy A yes sir air as near as I 1 remember Q now you say you observed the six shooter or pistol in his hand A yes sit sir Q in what direction was the pistol pointed A it was pointed toward and at my father Q I 1 want you ou to tell the jury whether or not the light outside of the store at that time was sufficient to anabe you to recognize your father from anybody else that may have been out there A I 1 observe whether it was the light from the outside or light from the inside but I 1 do know I 1 could recognize my father I 1 could recognize mr cobia and also I 1 saw the six shooter Q what did you then do A I 1 saw my father take a step Q in which direction A towards the south that is crouching down Q what did you then doa do A I 1 ran immediately to the back of the store Q indicate on althe ahe diagram to the jury approximately the direction you took that Is running to the back ot of the store A I 1 took as near as I 1 can tell the direction marked out by this red mark and ran to that point indicating Q now when you reached this point which is the end of the red line at the north east corner of the room what did you then do A grabbed two ax handles Q where were these ax handles at the time you reached the corner of the room r A they were in front of the crate standing in the corner of the building in the crate Q you may state whether the crate was lying down or leaning up against the wall A the crate nas as leaning up against the wall standing end ways was standing on its is end Q state to the court with respect to its being open or closed A lt it was open Q you may state slate whether or not there was anything which hindered your taking the ax handles out of the crate A nothing at all Q how many ax handles did you secure A I 1 secured two Q in one hand or one in each hand A one in ill each hand Q what did you then do A I 1 run to the front ot the store Q which course did you then follow A As near as I 1 know the way I 1 1 went took the shortest course to get there Q during the time that you were going from the front of the store back to where you secured the ax handles and returning you may state whether or not you heard anything from the hont h ont ot of the store or from in front of the store A I 1 dont recall hearing anything Q As you were going back for the ax did you hear anthina nn an thing A no sir air Q As you came forward up to the time you came approximately to abel the door you may state stale whether or not you observed anything or heard anything A I 1 did not Q when did you first hear bear anything from the front of the store A I 1 think after I 1 had reached the door or just as I 1 was going through the door I 1 cannot tell just how just where I 1 was but it was through the door I 1 saw and heard the pistol discharged or the revolver discharged Q at the time you heard that shot then you were in a position I 1 understand you to say I 1 A yes sit sir Q so that you wele able to see out of the store A yes sir Q now I 1 will ask ou whether or not at the time the shot was fired bred that pistol was in the hands of mr cobia i ait was Q you may state uli whether ether or not I 1 mr cobia was vas still in the carriage A lie he Q at the time the pistol vaa aas v aa fired as you have stated du do ion oil recall whether or not you had out upon the cement platform or still within the recess A the only way I 1 could tell where here I 1 was is that I 1 had a clear view of the situation but I 1 dont know just Q As you ou saw that shot tired fired could you also see sec your father A yes sir Q did you see him at that time A I 1 did Q where was he A at that time ho he was on the south side of the buggy had passed around the back between the front and the back wheels 0 the buggy Q you may state whether or not he was some distance away from it or close up to the buggy I 1 A the first I 1 saw him lie was close to the buggy Q which way was mr cabla fac ing ng at that time A lie he appeared to have ibave been changing positions Q tell what aliat you saw A ile ife was turned clean around more the other way and facing the south and instead of 0 his chest chesi being towards the store he be was facing this way continued on page six GOBIA TRIAL NEARS END continued from page three Q at the time the snot was fired I 1 understand you to say mr cobia was facing ina in a southerly direction A yes sir air Q and your father was on the ground A yes sir Q in trout front of him A yes sir Q did you or did you not see the flash bash of the giffi i as it was fired A I 1 did I 1 saw the flash Q in which direction was the gun eua pointed at the instant it was fired A at the instant it was fired it was pointed to the south Q with respect to whether it was pointed straight out or up or down you rou may state to the jury what you observed A it was pointed as near as ag I 1 could see just about straight out I 1 Q now with respect to whether mr coata was then standing upright crouching or sitting what did you observe A mr air cobia was crouching sit ting ng in this direction that is in a crouching position Q by that direction you mean fa facing toward the south A yes sir Q when the shot was fired did you make any observations as to what your father did A yes I 1 did Q what did he do A lie ile said at least lie he grabbed his chest Q just a moment mr cook we object to the district attorney interrupting the witness the court the objection Is overruled mr cook exception SECOND WITNESS FOR STATE STAT E albrrt ALBERT JEFFS A witness produced in behalf of tho the plaintiff being first duly sworn testified ps ats follows DIRECT examination mr 11 r thatcher what is your name A adelbert jeffs Q where do you now reside A rosette box bos elder county Q in this state A yes sir Q how long have you resided there A since last october Q october of 1912 A 1912 Q were you on the day of january 1913 in the afternoon of that day A at the rosette store Q what time did you arrive at that store A about 4 SO 0 Q Is that the same store which has been testified to as being the store occupied by mr tr james N morris A yes sir Q you may state whether you came there alone or accompanied by any person A I 1 was accompanied by 0 if fr morris Q you may state what your employment was in rosette at that time A chopping cedar posts Q by that do you mean in the afternoon of that day A yes sir Q when you arrived at the store that afternoon you may inay state who was present at that time A mr air james N morris Q anybody else A no sir Q how long did you remain in the store after having gone there at the time you testified to A I 1 remained the ret of the afternoon if ter noon Q you may state whether or not you remained there any part of the evening or early night A yes sir Q during the time that you remained there aou ou may state whether or not anybody else came to the store A yes sir Q who did A william morris and his wife and mr kunzler iq do you recall whether anybody else came in while you were there A yes sir Q who A three little girls Q do 3 on recall wild who they were A no sir Q you may state whether or not during that evening aou ou saw the defendant fen dant mr air cabla A yes sir sin Q with respect to whether it was before or after it became dark when did you see sec him A why st it was after dark Q that Is after night fall A yes sir mr Q what were ere you doing and where wore ere you immediately before the time that you saw mr fr coata that night A sitting inside a the rosette store Q referring you to this diagram which Is marked plaintiffs exhibit V I 1 will ask you whether or not that is tills this is a diagram of the store you referred to you understand that this Is a diagram of the store do you not A yes air Q referring you to this circle some distance back from and to the left of the door I 1 win will ask you whether or not that is about where the stove was located in a general way A yes sir Q now where were you with respect to that stove A I 1 was sitting just behind it Q that Is you were seated north of the stove A north of it Q who else was present at that time A mr william morris and mr J N morris mrs william morris and three little girls Q you may state what you were doing it if anything as you sat there at that time behind the stove A nothing at all Q why had you come to the store that day A for groceries and mail Q at the time to which you just referred may state whether or not the mail had arrived A nor sir Q where N was as it that you first saw mr air cobia the defendant at that time A in front of the store Q you may state what was the first thing you observed that evening which called your our attention to mr air cobia having baying arrived at the front of tile the store A mr air james N morris came from the outside and said here comes will Q what did you then do A why I 1 got up and went outside Q qi you may state whether or not anybody else went out at the time you went out A yes sir Q who A mr kunzler kunzier and mr air morris Q which mr morris hl orris do you refer to A james N Q what did you first see withdraw that quest question lon when with respect to your going mitat out at thil alia time did you first see mr air cobia A ile he was seated in his wagon Q when was that you mean as you came out of the tha door A no sir I 1 was outside of the door Q you may state whether or cr not mr cobia had arrived at the time that is had driven up tip and stopped at the time you first saw him A jie ile aas was just driving up in front of the store Q you may state whether or not you were nere upon the platform or still in the store at the time you saw him just driving up A I 1 was just coming out of the store Q upon the platform A yes sir Q what did you then see you may state whether or not at at that time you heard any remarks or statements made by mr air cobia A yes sir Q state whether or not nat mr cobia at that time had brought his team to a stop A no sir Q do you know what he said A no sir I 1 dont I 1 cant remember exactly what it was Q what is your best recollection as to what he then stated A whoa Q then what did he say it if anything A G d ou I 1 am here you s of a b I 1 am prepared for you and I 1 am going to got get you Q what did you then do when you heard that remark made A did nothing Q what did you then observe or see A I 1 saw mr cobia throwing the gun on oil mr morris Q that is james N morris A yes sir Q at that time where was mr morris A behind the back of the wagon Q state whether or not he was off of the platform at that time I 1 A ile he was ot off the platform Q what did mr air morris then do A ile he went around the back of the wagon |