"A. Well, it was Monte and I who got into it at first. We had words and he said that I should go to Lawton with him and I told him no I wasn't and Sammy didn't do no more than agree on that part. It was the fight because Sammy wasn't much in conversation until after we got to the fight, and then we were just screaming and cursing at each other then, he slapped me and oh, I was down and I was so frightened; well, I was so scared I just didn't know much of what was happening except it was running through my mind that I was going to be killed like the girl that was killed and buried before and that was all that could go through my mind. And I don't know, it's all so vague to me now because it's been in November. I can remember the incident and being hurt because I was the feminine gender on the part and naturally a man's going to be stronger and he did slap me and he had a board and as to whether or not he hit me with the board is beyond me because I know there was a blow struck then, but as to whether or not it was with a board I don't know, because I shut my eyes and just rolled over.

"Q. Now, where was this Becky, was this inside? A. This was in the back.

"Q. Was this inside the building part, or outside? A. No, this was in the back an, sir, they didn't drag me out to the back, Monte said he wanted to talk to me out at the back so I stepped out there and we had words out there and Sammy, I suppose, came out to see what it was allabout, and then we had words and he slapped me and the next thing I knew, the law was called and the woman was screaming out the window.

"Q. Do you recall what the woman said Rebekah, that screamed out the window? A. Yes, I believe I do, She said, "you better stop that or I'm going to call the police," and so it wasn't very long then before the fighting had stopped and we were back inside and I went into the restroom and washed my face so I would feel better and clean up, I was pretty excited and I was frightened.

"Q. Just a minute, Rebekah, did either one of the boys tell you to go in the bathroom and wash your face? A. Yes, Monty did, Monte Trussell did.

"Q. Now, out in the back there you are speaking of, who all was out there besides you and Sammy and Monty? A. Sammy, Monty and I and then there was this Jimmy Andros, I didn't know him before that night and haven't seen him since, he was standing at the door and he was the one that was egging it on and standing there cursing and everything and he was the one, Sammy said, "She's had enough," and "Don't bother her any more", and Jimmy Andros said, "No, she's still breathing," so I was slapped again and it knocked me down and the board involved was the board — I know there was a blow struck but I don't want to stand and say — I could identify the board in a minute that was in his hand because I saw it and it was frightening to me, to the utmost, but I shut my eyes to it then and as to whether or not I was struck with the board, I don't know. (Whereupon a certain instrument was marked State's Exhibit Number 1 for identification.)

"Q. (By Mr. Whelan): I hand you this, Rebekah, can you identify that? A. Yes, that is the board, it was a piece of furniture, that's the board.

"Q. While you were out there, did Sammy Bayless strike you with his hand? A. Yes, he did.

"Q. Did he strike you with that board? A. Sir, I want to be sure in my question, I want to be positively sure, I know the board was in the hand but as to whether or not he hit me with it, I don't know.

"Q. Were you down on the ground, were you standing up fighting or were you down on the ground, had you been knocked down? A. At that time I had been knocked down.

"Q. Were you kicked while you were down, Becky?

"Mr. Samara: Now, if your Honor please, those are leading and suggestive.

"A. Yes, sir, I was kicked.

"Q. Did either one of those two boys or anyone else grab ahold of you while you were inside? A. Yes, Monte grabbed ahold of me and threw me around up against the wall.

"Q. Was there anything else that was used on you or threatened to be used on you inside? A. There was a brick, yes, sir, but it wasn't, he did not hit me with the brick.

"Q. Who had the brick? A. Sammy had the brick, but he did not hit me with the brick.

"A. Yes, I ran out and I was jerked around and slapped around still.

"Q. By these same two fellows? A. Yes, the same two fellows.

"Q. In your mind, did you think they were still just having fun with you? A. No, not right then I didn't, I was so frightened that I was — I was reading about Kay Buchanan being killed, I was scared to death.

"Q. Did either one of these boys make the statement that they were going to kill you? A. Yes, Monte made the statement he was going to bury me out of threat.

"Q. (By Mr. Whelan): Did Sammy make a statement? A. No, he didn't make that statement, he laughed, he laughed when he had the brick in his hand and he said, `Oh, well, let's just kill her now,' but anyone — it seems if he was going to, now it seems if he was going to he could have, but then I was so frightened I didn't know what — everything was flashing through my mind.

"Q. Did they still have ahold of you when you were outside, Becky? A. Yes sir, they were slapping me around and jerking me, but that was it.

"Q. Did you later pull loose from them and get away from them? A. Yes, sir, I did.

"Q. Where did you go then? A. I went through the front door, out the back door and over the fence to the lady's front door.

"Q. When you go upstairs, what kind of condition were you in, were you bleeding anywhere, blood coming from your body any place? A. No, sir, not that I recall, not then."

"As to Sammy Bayless he never did get in on the fight until after it had started and at the most he only slapped me with his hands several times. He never did have any weapon of any kind whatsoever in his hand to threaten me with. Never threatened me with any weapon, and never reached for one. He did however, slap me several times. He and I both had been drinking and by reason of this fact I do not want to prosecute him any further in this matter."

"As to Monte Trussell I cannot say definitely that he is the one who struck me with the board. All I know is that I was struck with one and that my eyes were on Sam Bayless after he got into the argument and that is why I know definitely he just slapped me and had nothing to do with a weapon. Some one had tried to tell me it was Sam but I really knew different. * * *."

"Monte Trussell told me again he was going to bury me and Sammy Bayless picked up a huge big board with a nail in it and started beating me. Monte Trussell started kicking me."

"I had gone to Lawton with Sammy Bayless before for prostitution and he had taken my money there. When I was talking to Monte Trussell in Jeep O'Neal's he asked me why I didn't have any money and I told him I hadn't been working. Before this, I voluntarily went to Central State Griffin Memorial Hospital at Norman, Oklahoma, to see if I was sick. I wanted to get out of prostitution. I was declared non-psychotic and released in my own custody. I was eighteen when I worked for Sammy Bayless. It was just a few months ago. He was pimping for me then at Lawton. I have known of him all of my life."

"Q. (Reading) `And Sammy Bayless picked up a huge big board with a nail in it and started beating me', do you recall making that statement? A. Yes, sir, I recall making a statement as to that, he was writing it down as he saw fit.

"Q. Now, just a minute, young lady; did you make that statement at that time, just answer me yes or no. A. Well, I don't believe it was exactly that statement, in exactly that form.

"Q. Was the crux of it the same? A. Yes, I stated he had the board and that I was beaten.

"Q. With the board?

"Mr. Hyde: She didn't say that.

"Q. (By Mr. Myers) I am asking that. A. I didn't say with the board, sir. I stated before I didn't know if I had been hit with the board or not. Surely if I had been hit with a big, huge board — now, that I have thought it over after my fright is gone and my nerves are calm, after this time, and being thought over, I would have had some broken bones or fractures or something or the other and there is nothing fractured or broken, because that's a big board and surely if the boy meant to hurt me bad, he could strike a pretty hard blow if he wanted to.

"A. I saw Sammy with the board but then he — I don't know if he was throwing the board out of my way, I don't know what he was doing with the board, it's only logical to assume had the board struck me I would have been hurt worse than I would have been. There would have been a broken bone or the flesh would have been torn or something fractured in which there were not because x-rays were made.

"Q. Are you afraid of Sam Bayless at this time? A. No, I'm not."

"A man was hitting a woman and he had her backed up against the building and he was hitting her, the best I could tell, in the stomach with his fist and then when she would fall down, he would jerk her back up and hit her again: so in a little bit — well, no, in the meantime, I hollered down and told them if they didn't stop it I was going to call the police so they went inside the building. I laid back down and then later I heard the screaming again so I called the police and they came out. While I was calling the police this woman was at our front door."

"There was 3 men out there, one was standing up against the door and then there was one that was kicking her and one had a board and was hitting her, and she was begging them to stop and one of them quit for a few minutes and she got up and the other one knocked her down and the one that had quit first grabbed her purse and opened it up and began searching it and said "She doesn't have any money in here," and threw the purse down again, so she got up to her feet again and he knocked her down again and one of them was kicking her with his heels and the other one was standing off to the side but every time she would get up they would knock her down * * *."

"She was crawling up the steps, she couldn't walk. We got her on up the steps and laid her on the divan and she had quite a few marks on her that I could see at the time."

"I found that her right eye was practically closed, it was swollen and blue; it had been traumitized and the side of her head had been hit or bruised with something and her arm and shoulder and her back, across her back, were blue and bruised places, subcutaneous hematoma would cause a black eye we speak of, the same type of thing under the skin. She was complaining of her eye particularly; we had x-rays made of her eye and her ribs and across her back, and her legs and thighs were bruised up pretty severely. It looked as though she had been severely beaten with something or traumatized severely, probably with — I believe it would have had to been with some kind of a blunt instrument. She wasn't cut, she was bruised but not severely, the skin wasn't broken in other words, it was just a severe beating. We got the x-rays and there were no fractures, no bones broken in her orbital ridge or the area about her face or her nose, no fractures there or in her ribs. She was just painfully sore and there was no treatment indicated except go to bed. We didn't put her in the hospital or anything like that, it wasn't necessary for that, and just let it wear off and told her to put some cold packs to it if it was bad and hurt her a great deal, but it had been several hours since this had happened, probably ten or twelve hours."

"A. I believe I have. I think this type of trauma had to be done with something, I don't believe you could have done it with the hand, I think it would have bruised the hand severely as it would have bruised the body, that is about all I have to add to it. It was something that had to be a hard blow or a heavy blow or some blunt or heavy instrument like a black-jack of a piece of heavy leather or wood or something like that, I don't know exactly.

"Q. Would a heavy board have done it, Doctor? A. It would have."

"Q. Do you know who was involved in the fight primarily, who it started between? A. It started between me and Rebekah.

"Q. Now, had you been drinking any that night? A. Yes, sir, I had been drinking quite a little bit.

"Q. You had. Did you go outside and have a fight with Rebekah? A. Yes, sir.

"Q. Now, was Sam with you when this fight started? A. No, sir, he wasn't there when it started.

"Q. Sir? A. He wasn't there when it started.

"Q. Was there any weapons or anything used at all in that particular occasion? A. Yes, sir.

"Q. What was used? A. A board.

"Q. Who had the board? A. I did.

"Q. Did you ever strike Becky with this board? A. I think I hit her, I might have hit her once or twice with it.

"Q. Did Sam ever hit her with the board? A. No, he jerked the board away from me.

"Q. I beg your pardon? A. He jerked the board away from me and slung it back over on the ground there and told me not to hit her with it.

"Q. Sam did? A. Yes.

"Q. Well, did Sam ever have hold of the board then? A. Yeah, he grabbed it out of my hand to keep me from hitting her.

"Q. What was Sam's part in the fight? A. He didn't have any part in it.

"Q. Did he ever strike Becky? A. He slapped her once or twice, she kept egging him on after me and her were already through, she kept egging it on.

"Q. Did he ever strike her with the board? A. No, sir.

"Q. Did he make any effort to control the fight? A. Yes, sir.

"Q. What did he say or do? A. He tried to stop me from whipping her, he said she had enough."

"While it is well settled that this court will not reverse a conviction for insufficiency of the evidence, if there is any substantial evidence, although circumstantial, from which a reasonable and logical inference of guilt arises, the converse rule is also well settled that, it is not only the province but the duty of the court to set aside such a verdict when it is contrary to law and the evidence, or where there is no evidence to support it, or there is a failure to prove some essential matter to establish the offense charged, or where it appears that the verdict was rendered as a result of passion or prejudice. The performance of this duty on the part of the court is the exercise of legal discretion and judgment as to the sufficiency of the evidence to overcome the legal presumption of innocence to which everyone is entitled who is put on trial for an offense."

"* * * did then and there, willfully, unlawfully, feloniously, wrongfully and intentionally while acting together and in concert each with the other, commit an assault and battery with intent to kill upon the person of another, to-wit: Rebekah Haywood, by then and there beating and striking the said Rebekah Haywood with their fists and by kicking the said Rebekah Haywood and by striking and hitting with a heavy board approximately one yard long and one and one-half inches thick from which there was a nail protruding and by the use of a brick directed at the head of the said Rebekah Haywood, which board and brick were held in the hands of the said defendants and which weapons were deadly weapons and used with such force and violence as was likely to produce death to the said Rebekah Haywood * * *".

"All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals."

"All persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are `principals.'"