Hugoton 'posse' under Robinson. The latter had left the trail, which came down from the northeast, and were close upon us. They had evidently been watching us during the evening with field-glasses, as they seemed to know where we had stopped, and had completely surrounded us before we knew of their being near us.

"The first I heard was Cross exclaiming, 'They have got us!' At that time there was shooting, and Robinson called out, 'Boys, close in!' He called out to Cross, 'Surrender, and hold up your hands!' Our arms were mostly against the haystacks. Not one of us fired a shot, or could have done so at that moment.

"Sheriff Cross, Hubbard, and myself got up and stood together. We held up our hands. They did not seem to notice Wilcox and Eaton, who were lying in the wagon. Robinson called out to Cross, 'Give up your arms!'

"'I have no arms,' replied Cross. He explained that his Winchester was on his saddle and that he had no revolver.

"'I know better than that,' said Robinson. 'Search him!' Some one of the Hugoton party then went over Cross after weapons, and told Robinson that he had no arms.

"'I know better,' reiterated Robinson. The

others stood free at that moment, and Robinson exclaimed, 'Sheriff Cross, you are my first man.' He raised his Winchester and fired at Cross, a distance of a few feet, and I saw Cross fall dead at my side. It was all a sort of trance or dream to me. I did not seem to realize what was going on, but knew that I could make no resistance. My gun was not within reach. I knew that I, too, would be shot down.

THE McSWEEN STORE AND BANK; PROMINENT IN THE LINCOLN COUNTY WAR

"Hubbard had now been disarmed, if indeed he had on any weapon. Robinson remarked to him, 'I want you, too!' and as he spoke he raised his Winchester and shot him dead, Hubbard also falling close to where I stood, his murderer being but a few feet from him.