The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-28

He IACChTu was HOi bDlG AO GOh-
clude its report of the argument of
the attorneys TO the jury in the trial
of w. T. Wells. charged with the nur-
der of Ollie Shirley, on the 9Th of last
March. in yesterdays paper. The fol-
lowing is substantially the concluding
end Of the arguments:
After the close of the talk to the
jury maie by Attorney Eldridge, of
the defense. he was followed by w.
w. Gatewood. senior member of the
attorneys for the defense.
Judge Gatewood started out by tell
ing of the gravity of the situation, it
being one ia which a man is placed
on trial for his life for murder.
Under the law the verdict to be rem
deresi by the jury may be murder in
the first degree. which carries the
death penalty. murder in the second
degree, which carries from twenty to
ninety-aine years Imprisonment or a
vedict for manslaughter which car
ries simply a verdict of from three to
ten years Imprisonment.
Continuing his preliminary remarks,
Judge Gatewood said that this case
was not of the ordinary type. II was
not merely the result of a brawl or a
general case. This case stands out
distinctly from such cases and has
created a great amount of interest in
the community. an intense interest,
as attested iby the crowded condition
of the cuIrt room. 1t has stirred the
community deeply and profoundly.
This is because of the fact that
not only was the life of man at
stake. but also was the Declaration
of Independence. or rather it's princi-
pies. was on trial. The right to life.
liberty and the pursuit of happiness"
inalienable to every man in this coun-
try of ours and under our starry flag.
was a stake and on trial. Should the
defense lose in this case the hands OF
the clock would be turned back two
hundred years.
On one side is anarchy. destruction
of government. desresard of law and
the red flag of anarchy; on the other
stands the Declaration of Independ-
ence. the American Flag. the right of
liSerty the right of property holding,
and the pursuit of happiness. Such is
this case. and for these reasons is Ii
no ordinary case.
Judge Gatewood stated that he ap-
pealed TO the heart of every free
born American citizen. whose right to
own a home. to control and protect his
property his property under our star
~ Flag" was at stake. When a blow
is struck at the home. at the rights of
pror srty. then 1t is blow at free gov
erment. May man not build on his
own one hundred feet of land. may he
nj i'm, dninO
it lawfully and legally? Such is the
point in this case.
The defendant was seeking TO build
two structures on these two lots of
his. one To fbe occupied by the Roswell
Seed Company, the other by the Unit
ed States. Land Office. These were le-
gal and honest efforts of the defend
ant
Wells was constructing these build
ings: there were trades-unions here.
He believed in unions so long as they
stay within the pale of the law. but
when they are used by politicians, by
agitators and walking delegates for
their own selfish interests. when they
transgress the laws. then we must. as
honest men, stand pat against them,
in order that We may be protected by
the law.
Everything was moving along nice
and kindly about the work on the
Wells buildings. But one man was en-
ployed Hobbie. He was a good. hon.
est man and a capable workman
Wells was asked to discharge him be-
cause he did not thelong to some ord
er. some lodge. the union in fact. ami
Wells as man of honesty stood pat; !;
sucf was his disposition of character.
Suppose that he. man who hired
stenographers. and had them in his
office. should be approached by some
walking delegate. some agitator who
told him he must discharge his stem
ographers because they did not be-
long to some union with which he had