The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-17
WELLS CASE
TESTIMONY

As the Record went TO press yester-
day afternoon the court was still work
ing on the Testimony of J. w. Robin
son. His cross examination continued
for several hours, and while great
mass of Testimony was accumulated,
nothing OF startling importance was
developed except what was given In
the Record yesterday.
After Robinson Joe Vos, a laborer.
was placed on the stand. He claimed
to he an eye witness of the killing.
and his Testimony was practically as
follows:
He arrived on the scene about three
minutes before the fatal shot was
fred and attracted by the quarrel be-
tween the parties there. stopped and
listened. vos was within a few feet
OF Shirley and Wells. He saw Shirley
Wells and Freeland and some negroes.
Mexicans and also number of
white men unknown to him. He heard
Shirley and Wells quarrel and Shirley
said that the ''city would not let him
do It," referring to the working of
negroes on the buflding- Then. accord
ing to the witness, Wells called Shir-
ley a foul name. Shirley raised his
arm to strike Wells. and tried to do
so with an overland blow. Wells drew
back a step or two and Shirley's blow
missed. As Shirley was trying to land
another blow. Wells drew a revolver
from his overcoat pocket and fired at
Shirley. shirley fell to the sidewalk.
with his face to the south and died In
about one Cninute.
The defense began a long cross ex
a=nmation OF Vos. which was not end
ed until this morning. This consisted
OF hundreds of questions regarding the
places where Vos had been employed.
the number of days he worked for var
ious concerns. etc. The scenes at the
fatal scene were again gone over by
the defense and while many details
were brought out the testimony of the
witness apparently remained unshak
en-. The witness drew sketch OF the
scene Of the killing. showing the 90
sitfon of the parties there and proGnf
nenf characteristics of the place and
this was submitted by the prosecution
as an exhibit In the case.
B. F. Rogers. a we'll driller. was put
on the stand this morning. he being
ing to be such He stated that he knew
Shtrley. Freeland and also MIR. Wells.
the latter merely by sight. He arrived
on the scene and talked to Shirley
and Freeland. on the morning of the
killing. Shortly after Wells came up
and Shirley said: Mr.. Wells. they tell
me you are going TO put on all negroes
TO work this morning"
NJ
Then Shirley said. mo you won't,
for the city will not allow it,"
According to the witness. Wells
then cursed the deceased. using foul
Language, and said that he would kill
HIN II he monkeyed around here"
Rogers then stated that Wells struck
at Shirley with his left hand. Shirley
lodged back to avoid the blow and
struck back. Then Wells pulled a gun
from his pocket with his right hand
and shot Shirley.
Shirley never spoke after being shot.
according to the testimony of the wit
ness. and fell with his face TO the
southwest. Then Wells went into the
hardware store.
The cross examination of this wit
ness consumed quite a length Of time.
The early part Of 1t consisted largely
In denials by the witness that he had
expected trouble there rhat morning.
that he had been at n labor cneefing
The night before. that he was not In
with q bunch Of labor men. had never
killed . man In Texas and was not a
euEstive from justice. He also asserted
he had never told several parties that
there would be trouble at the Wells
building that morning
Tue witness was asked IL he had
not told several parties that Wells
Was Q rich man and he would help
md him up. This he denied. but the
qu1stion Mas objected to and the OBJ
tecfion sustained.
He saw a number OF persons at the