The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-20

Il
| ing rapidly to the south, took hold o4
Shirley and turned him on his side to
let the blood run out of his mouth,
| and that in two minutes Shirley was
| dead. A crowd began 70 gather. he
| said and the doctors began arriving.
Mr.. Wells was cool, he said as was al
SO the fourth white man of the origi-
nal party.
The witness then stated that the
strike started March and that he
had employed other men after that
time on this particular job. A dis
cussion as TO the legality of admitting
certain evidence was then engaged in.
the jury being taken from the room.
After a long discussion as to the
admissibility of this evidence. 1t was
decided not TO pass upon 1t then but
to take up another line of evidence,
and accordingly the jury and witness
were recalled. In order to allow Harry
Hutchinson leave on the morning
train, the witness was temporarily ex-
cused and Hutchinson was called.
Mr. Hutchinson was asked II he had
been talked to by B. F. Rogers out at
Maggard's ranch in the presence of
Charley Jones and replied that he
had. The result of a variety of ques-
tions was that Rogers had said that
he would like to see Wells get stuck
and go TO the pen for twenty years or
for life Objection was made by the
prosecution to this line OF evidence
and the answer was stricken out by
the court.
Jim Irwin was recalled and upon
h.,
the negroes and Mexicans were at the
scene of the killing for the first time
on the 4th. His father had refused To
work them. He had talked with Free
land and Shirley the night before the
killing and they said they were will
ing 20 go back to work IL the union
would allow them to do so, provided
the non-union man was transferred TO
another job.
The witness stated that Wells and
Gill had had a conversation shortly
before the killing and that Gill had
gone north and that Shirley and Free
land had followed after him. Wells
had talked to his father and had then
gone to the sidewalk and started to
the north. Shirley and Freeland had
stopped him and talked to him. He
heard Shirley say. You are not going
to work these fellows" Wells said,
Red. you. have worked for me"
and the witness heard nothing more.
Court then adjourned until this NOR
ming.
Jim Irwin was again upon the wit
ness stand this morning. Upon direct
examination he said that Shirley had
had knife in his hand cutting some
thing. He held 1t in his right hand
just before the killing. Wells was ex-
cited Immediately after the killing.
He was pale when he spoke later and
somewhat excited.
Questioned by the prosecution. the
witness stated that Wells was cool
when he first spoke but excited imme-
diately after the shooting. He was cool
in half a minute.
A long argument then occurred as
to whether the testimony showing
what Wells said and how ne looked
During the argument the jury was ex-
cused from the room.
The objection was sustained ,by the
court.
Jim Irwin was recalled and upon
further cross examination said that
the pocket knife held by Shirley was
common knife and might have been
used for cutting tobacco or trimming
his finger nails. Irwin was then ex,
cused.
The next witness was the first OF
the negroes. one Tin Miles, who Is
cooking for ]. J. Hagerman. Accord
ing to the witness he was at the
Wells building the day of the killing.
There were three other negroes there
and six Mexicans. Shirley came up to
the negroes and said, you boys re-
member what / told you last night in
the saloon" and warned them not TO
go to work there. Shirley also told
them they would have trouble II they
went TO work and further said they
would have hell" Shirley told anoth-
er white man witness did not know to
go and get the rest of the boys and
I'VE will mob them" Shirley had
pocket knife in his hand and he was.
the witness thought. cutting tobacco
Wells talked to Gill and told him TO 20
to Judge Welter aEd get something.
the witness did not know what A fel
low told witness Wells had sent for an
officer. Shirley said he did not care IL
he had sent for an officer. and that
he would have to arrest more than
| him. Wells told the negroes, said the
witness. not TO raise any disturbances
now with those fellows. as he had
sent for a peace officer. Bill" one OF
| the negroes. said that Wells ought to
do something now as they had been
| threatened Shirley and Freeland
came up then and Shirley asked Wells
IL the negroes would be worked Wells
said they would, as he must get the