The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-19

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| morning at 8 O'Clock.
Court met at nine O'Clock this NOR
/ ming with Freeand sdll on the wit
ness stand. The cross examination
was continued and witness said there
were over one hundred members of
the protective union. He had been sell
ected TO go to the Wells building and
was paid by the union for it.
Objection was made by the prose
cution to questions involving the
dodger before described, and thds led
20 quite a long argument over the
matter, during which the jury and the
witness were excused from the court
room.
Mr.. Gatewood, for the defense, said
he was trying to establish and would
establish by witnesses, the existence
of a conspiracy against Wells. That
the new building had been picketed
i5y the union, that threats had been
made against Wells and his work
men and that intimidation had been
l.,
and he proceeded to quote copiously
from various authorities TO prove that
this dodger should be admitted to
help prove the existence of a conspir-
acy.
Mr.. Clancy for the prosecution assert
ed that the defense was trying to place
the labor union on trial instead of the
defendant Wells. He said that the con-
duct of the labor union, even though
il may have been unlawful. was no
excuse for the conduct of the defend
ant and would not justify him In
shooting Shirley, unless such threats
and intiGnidations had reached the de
fendant directly.
Mr.. Gatewood continued with his ar
gunent and said that his questions in
regard to the dodger had shown that
IL was connected with the case and Il
was intended to prove by 1t and by
this and other Witnesses mat a con-
spiracy existed. the purpose of which
had been to make a union job of the
construction work on the Wells build
ing or to kill Wells. The union. he as
serted had committed unlawful acts
and had violated an injunction. All
this they intended TO prove by wit
nesses.
The court ruled admitting the ques-
tions concerning the dodger as bear
ing on the credkbihty of the witness
Also THAT questions as to the preju-
dices of the witness. the actions of
the union and as to the dodger itself
are relevant 20 the case and should be
permitted
Freeland then admitted that the un-
ion had had the dodgers printed. and
that this was done shortly before the
killing. Questioned as to the reasons
for having this dodger printed. he as
serted that IL was because there We're
so many men here for the jobs to he
had. Ii was not on account of the
troubles with Wells. anu that the dod-
ger did not refer to the Wells strike
This the witness afterwards qualified
by saying that he cneant that the trou-
bic was with Mr. IRWIN. the contract
or. He then was shown the dotiger a.
gain and admitted that there had been
labor troubles here at the time. Shir-
ley. the witness said. was never en-
ployed on the Wells job
Frequently the witness repeated his
statement that the dodger was sent
cut by the union. not because of uhc
Wells case. but because of the over
supply of workmen In Roswell Later
he admitted that it did refer to the
Wells building and that the only trou-
Ole was with MIR. Irwin, who was one
of the contractors on the Wells build
ing. The witness asserted that the
trouble. however. was not with Wells
but with Irwin. Shirley had worked
for Irwin on anoGher job.
Freeland admitted that he did state
at the inquest that the strike was be-
cause of the employment of non union
labor.
idence but was objected to iby the
Territory. but the court permitted its
Introduction as evidence.
The witness was asked IL he had
not on the street on the evening of
the Sth of March in the presence Of
c. III. Hale and ]. w. Day heard Shir-
ley utter threats against Wells. The
question was ruled OUT
Witness said he had taken on oath
at the time of his admission to the
union not TO tell what took place in
the meetings of the union. He was
| then asked questions as to the organ
ization of the union and was compell-
ed to answer them.
He was asked IL the union had ord
cred him to quit work at the Wells
building said no. they just quit and re-
ported TO the union. He was then read
answer and asked II he had not re
1 HoI