f "" A
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■ 11—
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[the daily independent
HAS DOUBLE THE CIRCULATION OF ANY
OTHER NEWPORT DAILY.
THE WEEKLY INDEPENDENT
CLAIMS ALREADY TO LEAD IN POINT OF CIRCULATION, AND
IS ENJOYING A RAPID GROWTH THAT WILL SOON MAKE ITS
POSITION INCONTESTIBLE. YOU GET RESULTS WHEN YOU
Advertise in Jackson County’s Best Mediums, ,
The Daily and Weekly Independent.
Henry ©wen
PHYSICIAN, SURGEON AN*
OCULIST.
»*VER BAILEY BROS*. DRY GOODS STORE
JACK JONES,
The Crack Barber, keeps a neat
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“Come on, ye stubby beards.”
MARDI GRAS AT NEW ORLEANS.
One fare plus $2.00 for the round
trip via the Iron Mountain route.
Tickets on sale February 17 to 19.
Good for return February 28. Tickets
can be extended to March 14 for re
turn.
T. H. Reamey, Agent.
TESTIMONY CONCLUDED.
Defendant takes stand to tell story of
Facts Leading up to and Relative
to Killing of James Cole—
Evidence In Rebuttal
By Witnesses of
State.
At 3:20 p. m. Tuesday, both state
and defense rested upon the presen
tation of testimony and offered their
respective instructions to the court.
It is expected the case will go to the
jury some time Wednesday morning.
Following is the condensed testimo
ny of witnesses heard Monday after
noon and night and that of Tuesday
will be given in tomorrow’s issue: —
WALTER MADDEN.
The first witness called upon Mon
day afternoon was Walter Madden, of
Cow Lake, who testified that Cole told
him on May 8 that he was going to kill
Rufus Johnson if he had to go under
his bed after him. This threat was
told Johnson by the witness, because
he thought Cole would make good his
threat. Cole wanted Madden to har
bor him a week if he killed Johnson,
whom he thought had money on his
person.
On cross examination, denied hav
ing told either Johnson or attorneys
of what he testified.
MRS. LULA HOSTLETON.
Mrs. LuJa Ilostleton, of Richwoods,
told of threats made by Cole against
Johnson one week before the killing.
On cross examination, stated that
she was intimately acquainted with
ivirs. \joie ana ivirs. xnomas.
FRANK SANDERS.
Frank Sanders testified that on May
10th, he with A. Thomas was hunting
horses and met Cole with a gun, and
Cole said he was going to kill Johnson
before the sun went down, because he
refused to supply him. Met Johnson
on the bayou and told him of the
threat.
On cross examination denied asso
ciation in business with Frank Carr.
JOHN HOWARD.
•
John Howard testified that Cole ate
dinner with him May 10th; latter had
said he was on his way to Manning’s
to pay off a fine and had his gun with
him. Witness saw Johnson 15 minutes
later with son Rufus, and told him
where Cole was going and Johnson re
ferred to meeting Cole in the road.
Witness stated that when Ball and
Cole left, the latter was carrying a
shot gun.
WILL MANNING.
Will Manning was recalled and tes
tified as to relative location of differ
ent points connected with killing on
map of Jackson county.
WILL m’klish.
Will McKlish, of Cow Lake, testified
on morning of May 10th, while hunt
ing cattle with Rufus Johnson and son,
they had met Cole with Ball in the
road about 10 o’clock a. m., when Cole
said to Johnson: “Give the road G—d
d—n you,” and pointed his gun at
r . i___ _i n _ 11 i. _ - _ k
uuuuowiif wuk/u uau uwvjiv iiway uuUi
him. They then passed by and noth
ing was said.
On cross examination, witness
stated that meeting place was 2 miles
from home, that they had gone home
in half hour and had dinner.
RUFUS JOHNSON, JR.
Rufus Johnson, Jr., son of the de
fendant, testified that with his father,
they had met Cole in the road with
Ball and the former had drawn the
gun on his father and said “Clear the
road, G—d d—n you.” Ball then
wrenched away the gun and refused
to deliver it to Cole.
MRS. PEARL THOMAS.
Mrs. Pearl Thomas, wife of Ben
Thomas, was sick in bed on May 10th,
testified that when Cole and Ball, the
latter walking ahead, went out the
gate which swung outward, Cole
reached back for the gun with his left
hand while Ball was closing the gate
with his left and held the gun in his
right. A second later, she heard the
shots fired. Her husband was not at
home when the shooting occurred.
On cross examination, witness stated
bed was in same place following week
as on the date of the shooting, but
had been moved when the pictures of
the scene were taken by W. D. Ross.
Witness recognized pictures of prem
ises. Did not know whether Floyd
Thomas was at the house at time of
shooting or not.
FLOYD THOMA8.
Floyd Thomas, of Poinsett county,
testified that he lived on Rufus John
son’s place last May, knew Jim Cole.
On day of killing witness was about 30
to 35 yards from house of Ben Thomas
when he saw Ball and Thomas going
out of gate. Latter reached for gun
and then Johnson shot. Witness
could see both. Johnson was 15 to 20
yards away from Cole in front of
house. Witness went hoihe after
shooting, without going to house of
Ben Thomas.
On cross examination, witness stat
ed he did not see Cole take hold of
gun. He was 30 to 35 yards away
from Cole with a ten rail fence be
tween.
ALBERT LASHLEY.
Albert Lashley, of Richwoods, one
of the coroner’s jury, testified that he
had examined effects on dead man’s
person. Found a spring knife, shot
gun and rifle cartridges.
DEFENDANT ON STAND.
Rufus Johnson, defendant, was
placed on trial at 3:37 p. m., testified
that he was born and raised in Rich
woods, knew Jim Cole since a boy.
Rented him land 12 years and had to
buy him out to get rid of him. He
had heard of Cole’s threats on every
hand, first about five weeks before
the 10th of May. In April defendant
stated he ordered him to get off his
land and Cole said he wouldn’t, but
Johnson had to support him or he
would kill him. Defendant recited
names ot numerous parties wno naa
warned him of Cole’s threats. Wit
ness affirmed that Cole was mad be
causehe bad refused to supply him.
Told story of meeting Cole and Ball in
the road substantially as given by
other witnesses. Defendant told of
going to Thomas’ home and how he
was passing, when Cole and Ball
came from the gate, the former see
ing him attempted to grab the gun,
compelling him to shoot in self-de
fense. He gave the positions occu
pied by Ball and Cole, as they came
up from the gate. He told of the
alarm he had felt for weeks and the
precautions that were taken.
On cross examination, witness de
nied that he had a conversation with
Dr. M. M. Erwin ten or twelve days
prior to the killing, in which he had
acknowledged intimacy with Cole’s
wife. Stated that he had borrowed
gun about ten days prior to the kill
ing, took a box of cartridges from the
house the day in question. Said he
made statement before Maggie Fife
that he didn’t knowj when he would
be back, acknowledged throwing coat
down in thicket and stopped there a
minute or two to think what to do.
Was not in thicket when Ball and
Cole entered gate. Denied making
statment before Esquire Manning’s
inquest that he watched for a chance
to shoot Cole without Ball. Ac
knowledged that in this inquest, he
testified that he took deliberate aim
and shot to kill. Witness stated Cole
after first shot did not run at right
angles, but straight towaid him.
Witness stated that he did not know
whether first shot was effective, which
was a contradiction of his testimony
before Esquire Manning. Stated
that he had been before Thomas’
house a minute or two, whereas in
hearing of application for bail, he
had stated he remained in the brush
six or eight minutes. Denied repeat
(continued on fourth page.)
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