The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-26

the Territory for cross examination.
which was at 4:45 Saturday after
noon.
J The Cross Examination.
The Cross examination for the Ter
ritory was conducted by District AT
torney j. NJ. Hervey and lasted but q
short time.
The defendant in reply to questions
stated that he was "a years old and
had lived in New Mexico for about
ten years, all of the time in Roswell,
He had been in the lumber and hard
ware business, but also had num-
ber of side lines. He had built the In
dependent Hardware building and al
so a residence in the south end of the
city. He came to Roswell from Fort
Worth. Texas where he lived or rath-
er where his family lived, for, he, him
self, had his business in Ell Paso and
was there most of the time. He was
born in Texas and had lived in that
state all his life. with the exception
of occasional short trips from the
state. He had lived in Fort Worth
for six years, where he had practiced
law mostly taking up the line of land
litigation, although he handled other
lines. also. He had practicej before all
the courts of Texas, including the
supreme court.
About six years ago witness testi-
fed. he had built the residence above
referred TO. Answering a question OF
Mr.. Heryey's, he stated that he had
been convicted before this court of
an assault with a deadly weapon. or
as he phrased II, with a bludgeOn.
He had talked with John b. Gill
just before the killing. witness testi-
fed. this being about the time Free
land and Shirley ended their talk with
the negroes, and he had heard all Of
this talk. being about 30 or 35 feet a
way and not from so TO IS feet.
He had. said the witness. placed
the revolver in his overcoat pocket
about seven O'Clock. He had not ex-
pected trouble with Shirley. but with
some of the bunch. particularly with
Shirley, as he had heard of the
threats made by him.
Mr. Day phoned him that he had
heard Shirley and F'reeland say they
would break my damned neck"
He could not say how long he had
had his hands on the gun or on the
trigger, did not remember even III he
had had his hands in his overcoat
pockets when he talked with Shirley,
all the time.
The last time he saw the knife was
when Shirley. said Mr.. Wells. put the
knife in his pocket, it then being op-
en-.
The witness was then requested to
show Shirleyis motion as he put the
knife in his pocket and he did so. He
was fifteen or sixteen feet away at
the time. II the knife was closed it
had been done by Shirley while it was
in his pocket. He thought the knife
was open when Shirley had 1t in his
pocket and when he struck at him.
He did not. said the witness. know
the man behind him. 1t was not a ne
gro, and was not Ben Rogers.
Referring to the contract with Mr..
Irwin, Wells explained 1t thus: 1t
was not a written contract hut was a
verbal one. Irwin paid for the mater
ials and the labor on the part of the
work he was. doing and would thea
add enough to cover himself and his
son. Wells had all confidence in Ir-
win and paid the bills as presented
to him without question.
The witness said he had known j.
w. Day to speak to him for several
months before the warning Day ha1
phoned to him. and had known him
quite time before that by sight. Day
had never worked for him that he
knew of.
Mr.. Wells said he was facing To
the northwest, more to the west, at
the time the shot was fired. There
was only the wink of an eye between
Shirley's move TO catch him by the
collar and his move to cut him, but
| this latter part OF the answer was rul-
ed out He threw the safety off the
gun as he brought il from his pocket
said the witness. Here the cross ex.
animation ended and the witness was
excused.
a Wise, financial secretary OF the
union was recalled by the defense
and a paper showing the membership
and officers of the union was shown
him and after carefully examining il
and making a minor correction. he de
clared il to be correct. Then 1t was Of
fered in evidence by the defense. Il
was examined by the Territory and
objected to by Mr.. Clancy, who de
c,ared that an excerpt from the books
of the union which had been ruled ou
by the court had been ssnuggled intt
IL. The defense declared that this
was not done with intent and with
drew the paper as not being of grea