The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-21
MAKING PROGRESS
IN THE WELLS CASE

Late Yesterday afternoon Joe Gay, a
negro. went on the stand and testi-
fed in the Wells trial as to being at
the building on the fatal morning,
having gone to get work after hear
ing ukat there would be work there
that day He listed the negroes AMI
Mexicans and white men who were
there at that time. and told what
they were doing. The question of
going TO work was the topic of con-
versation. Joe Gay recounted in his
own language the conversation be-
tween Shirley and the party of ne
groe of which he was a part his story
differing only in the manner of ex-
preston, the meaning being virtu-
ally the same as that told by Bell. He
did not see anything in Shirley's hand
Bell had testified that Shirley took out
a knife and cut a chew of tobacco
with IL.
Joe Gay said that Shirley made the
remark that he expected TO be in Jail
before night: also that Wells told the
negroes TO stay around there. that
their time was going on and that he
would put them to work in a few min
utes.
Wells. Shirley and Freeland and re-
counted the wrangle preceding the
shooting His account differed from
the others given only, In the forma-
ton of sentences and not in the gen.
eral trend of the conversation. He
said. also. however, additional to
what : Sne had testified that Shirley
asked Wells if the union men had not
n l.zw l.. H. h. for ON "A N
not tried to reason with him. Wells.
said no. He testified also that Shir-
lev said there was not a man in town
who would let the negroes go to work
and that when Shirley and Freeland
sent another union man to town for
the other union men. Wells said "send
for your gang If you want to. / am
running this job
Witness Gay described the attitude
of Shirley as he delivered the intend
ed blow upon Wells a little different
ly from the other witnesses. He
showed how Shirley struck, drawing
his right fist up TO his shoulder and
giving a forward punch. rather than
a swing downward from above
Robert McFie. another negro of the
party who gathered to go to work the
y.
ness and he proved to be a hard one
to get any comprehensive testimony
out of. He told of the warning of
Shirley and Freeland to the negroes
not to 20 to work on that job and
spoke of the statements and replies
made by the negroes to the two white
men.
After Gill went for an officer. said
the witness, Shirley said that 'they
could arrest him il they wanted to.
as he expected to be in Jail or in hell
said the witness, telling Freeland Ito
go down town and get the rest of the
crowd and we will mob the whole damn
outfit"
On cross examination the witness
tetsifed that Shirley had his hands In
his pocket just before the killing. He
struck once and drew back to strike
again when Wells shot. The witness
did not hear Wells say anything. He
saw Wells turn around as though to
see who was behind him. Someone
said TO "go get a doctor" but this
was after Wells left the scene.
At this point in the trial. John
Woods. President; A. Wise, Secretary
and c. " Childers, Treasurer. of the
Roswell lodge No. 1918 of the Pro-
tective Laborers Union, came into
court in obedience to an order of the
court bringing with them the books
of the union
Upon being questioned these par
ties said they had no objection to an
examination of the books and docu-
ments of the union, in order that any
evidence regarding the trial might be
secured. the books. ETC.. to be examin-
ed In the presence of the attorneys
and of themselves.
Some time was then consumed in