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

scene of the killing. but stated that he
did not recognize a number Of per-
sons. whose names were given him. as
being there.
Rogers denied seeing Mr.. Gill go down
the street and denied seeing Shirley
and Freeland follow him.
He asserted that he did not hear
Shirley say, Go get the balance of
the boys and we will mob the whole
place" He did not hear Shirley say.
The people will not let you"
The testimony of this witness diff
cred in the manner of Shirley at
tempting to strike Wells He also stat
ed that he was not prejudiced against
Wells and denied having conversation
with Harry Hutchinson at which Ger
tain things were said by him.
Al the opening of the afternoon ses-
sion of the court. preliminary mat
ters occupied the attention of Judge
Wen. III. Pope for the space OF a half
hour. Harry Davee, who had pleaded
guilty to stealing liquor and a gun at
Kenna, was brought before the court
and sentenced TO six nonths in Jail
and to pay the costs in the case, which
amount to about SIS. The Jail SEN
tence was suspended during good be-
havior. and in as much as the defense
had offered that the defense was COM
mirted while Davee was Intoxicated,
Judge Pope notified the young man
that the taking of drink would be
considered a violation of his good be
havior parole. Judgement was given
the American Type Foundry Company
against J. E. Winberley for $14I.45.
II was 2:30 when the Wells case
was resumed. Ben Rogers. who had
been on the stand about two hours in
the morning was returned to the wit
ness stand and the cross-examination
by defense was resumed. He denied
having told Harry Hutchinson that he
was going to testify all he could to
''saick" Wells and denied that his ev-
idence was all cooked up" for the oc-
casion. He drew a map of the side
walk where the killing took place ami
marked the position of the principals
and the other men who were in the
vicinity. and the direction they NOV
ed. The establishment of MIR. Rogers
idea of the exact surroundings and the
location of the different men at the
time of rhe shooting occupied a half
hour. when he was dismissed. w. J.
Irwin. the contractor. who was the
first witness yesterday. was then re-
called.
Mr. Irwin told of a conversation he
and Mr.. Wells had had just few min
utes before Ghe shooting. Mr. Irwin
was the contractor ON the part of the
work ON the building. He related that
he told MIR. Wells that he would not
need the concrete workmen that day as
the carpenters were trussing up the
forms and that perhaps the labor trou-
BILE would be settled in the meantime.
Mr.. Wells answered. witness testified.
that he hoped such would he the case
but that he had other worknen ready
to go on the job II they Were needed.
Mr.. Irwin was called upon also no
make a plat or map of the Wells build
ing and the vicinity of the shooting.
On this plat Mr. Irwin located the po-
sition of the knots OF negroes and Mex
leans who had gathered about the
building. stating that there were three
or four negroes in a knot and four or
FIVE Mexicans in another knot.
Mr. Irwin explained his converse
ton with Mr.. Wells. saying that he
told Mr. Wells that the union work
men had asked one more day in which
to settle the difference so they could
go to work He told MIR. Wells that
the one non-union workman could be
transferred to another job and that
this job could then be made union
Job again. In the conversation Mr.
Wells consented to wait one more
day. witness saiti although he thought
the union men were only seeking to
delay the work. Witness testified that
AFR. Wells said he would work him
self, IL necessary. to get a settle
.nent of the trouble. Mr.. Wells said
he further testified that he would
like to have the union men return to
work. rather than have the negroes
go to work. but that he would put the
non-union man. who was a good work
man. 10 digging and filing holes rath.
eur than not give him work. Mr.. lr-
win admitted that he had told Mr..
Wells to go out and get new work
men previous to this morning, and
that the negroes and Mexicans were
at the job 10 go to work chat morn
ing
Mr.. Irwin was dismissed and Mr.
Freeland called as the next witness
Court then took a ten minutes recess
Il Jack McMarray has arrived from
South McAlester. Okla
| o
II MIR. and Mrs. VIM. z Heitmann o.
II Dexf<r were here shuuUfng and look