means.
MR. GOUDY : You would not have made such a move yourself?
MR. COGBURN : If it was me and Potter with the drop I would have done what I was told.
MR. GOUDY : Yes, exactly, you and Potter. We can agree that the Whartons were in peril of their lives. All right. Let us go back to yet an earlier scene, at the Spotted-Gourd home, around the wagon. Who was in charge of that wagon?
MR. COGBURN : Deputy Marshal Schmidt.
MR. GOUDY : He did not want you to go to the Wharton place, did he?
MR. COGBURN : We talked about it some and he agreed Potter and me should go.
MR. GOUDY : But at first he did not want you to go, did he, knowing there was bad blood between you and the Whartons?
MR. COGBURN : He must have wanted me to go or he would not have sent me.
MR. GOUDY : You had to persuade him, did you not?
MR. COGBURN : I knowed the Whartons and I was afraid somebody would get killed going up against them.
MR. GOUDY : As it turned out, how many were killed?
MR. COGBURN : Three. But the Whartons did not get away. It could have been worse.
MR. GOUDY : Yes, you might have been killed yourself.
MR. COGBURN : You mistake my meaning. Three murdering thieves might have got loose and gone to kill somebody else. But you are right that I might have been killed myself. It was mighty close at that and it is no light matter to me.
MR. GOUDY : Nor to me. You are truly one of nature's survivors, Mr. Cogburn, and I do not make light of your gift. I believe you testified that you backed away from Aaron Wharton.
MR. COGBURN : That is right.
MR. GOUDY : You were backing away?
MR. COGBURN : Yes sir. He had that ax raised.
MR. GOUDY : Which direction were you going?
MR. COGBURN : I always go backwards when I am backing up.
MR. GOUDY : I appreciate the humor of that remark. Aaron Wharton was standing by the wash pot when you arrived?
MR. COGBURN : It was more like squatting. He was stoking up the fire under the pot.
MR. GOUDY : And where was the ax?
MR. COGBURN : Right there at his hand.
MR. GOUDY : Now you say you had a cocked revolver clearly visible in your hand and yet he picked up that ax and advanced upon you, somewhat in the manner of Dub Wharton with that nail or rolled-up paper or whatever it was in his hand?
MR. COGBURN : Yes sir. Commenced to cussing and laying about with threats.
MR. GOUDY : And you were backing away? You were moving away from the direction of the wash pot?
MR. COGBURN : Yes sir.
MR. GOUDY : How far did you back up before the shooting started?
MR. COGBURN : About seven or eight steps.
MR. GOUDY : Meaning Aaron Wharton advanced on you about the same distance, some seven or eight steps?
MR. COGBURN : Something like that.
MR. GOUDY : What would that be? About sixteen feet?
MR. COGBURN : Something like that.
MR. GOUDY : Will you explain to the jury why his body was found immediately by the wash pot with one arm in the fire, his sleeve and hand smoldering?
MR. COGBURN : I don't think that is where he was.
MR. GOUDY : Did you move the body after you had shot him?
MR. COGBURN : No sir.
MR. GOUDY : You did not drag his body back to the fire?
MR. COGBURN : No sir. I don't think that is where he was.
MR. GOUDY : Two witnesses who arrived on the scene moments after the shooting will testify to the location of the body. You don't remember moving the body?
MR. COGBURN : If that is where he was I might have moved him. I don't remember it.
MR. GOUDY : Why did you place the upper part of his body in the fire?
MR. COGBURN : Well, I didn't do it.
MR. GOUDY : Then you did not move him and he was not advancing upon you at all. Or you did move him and throw his body in the flames. Which? Make up your mind.
MR. COGBURN : Them hogs that was rooting around there might have moved him.
MR. GOUDY : Hogs indeed.
JUDGE PARKER : Mr. Goudy, darkness is upon us. Do you think you can finish with this witness in the next few minutes?
MR. GOUDY : I will need more time, your honor.
JUDGE PARKER : Very well. You may resume at eight-thirty o'clock tomorrow morning.