The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-27

1 to uhe pickets in the language which
has been detailed to the jury Such
, language always calls for resentment.
Few of us would like to submit to 1T
| without attacking the offender. 1t Is
almost invariably the case when such
language is used that an attack fol
lows. Wells must have known this.
According to the testimony of the
defendant, Shirley reached out for
him and he lodged back and shot him.
He claims IL was done In self defense
If YOU provoke a person so that he at
! tacks VOW and then you kill the as
sailant. the law Will not permit him
TO be justified by the plea of self de-
fense.
One theory OF this case is that bit
terness and i'll feeling on the part OF
Wells existed. He made all efforts to
get the better of the union. He was
filed with anger and rage. He meets
Shirley and Freeland. Was il not his
, purpose to provoke Shirley so that he
could take his life. This is murder. He
throws language of the character that
was used at Shirley in order to pro-
woke him and then the shot came al
fr-t degree murder.
There Is another theory That the
defendant armed himself for the pur-
pose of self defense. He had no ilten-
tion then of doing the killing, but be-
coming irritated at the last no1nent
and enraged he killed Shirley. This
is murder in the second degree. In
such case there is no premeditation
Supposing the first theory to be the
correct one. Wells is a lawyer. He be-
gan to lay the foundation of self de-
fense. He would get Gill TO go for a
warrant but so late as not to give
him time to get back. AS soon as he
shoots Shirley. he Immediately says
various things to further the plea of
self defense
There are some very curious things
in this case. The testimony of the ne
groes. Three out of four of them ge-
the expressions of the defendant in
almost the same way. These negroes
il might be said. testified so as to
show that the killing was not pre-nei-
itated.
Then Wells said that Shirley reach
ed for him with one hand and was a
bout to cut him with the other and he
lodged back and shot. This could no;
be owing to the position of the bullet
wound in the body of Shirley, the
course of which was downward. Com
pare all this with the Testimony of
Vos. The latter testified in exact har-
mony with the position of the wound
and also with the Testimony of Ingles.
This is the only way to account for all
the varying circumstances of the case.
Shirley's hands probably flew up as
the bullet hit him. 1t was all done so
quickly the witness were deceived as
to the motions.
Wells language was such that al
most anyone would have resented it,
and the shot came almost with the
language. He was standing with the
gun in his pocket, his hand on the gun
hurls his insults and shoots. Did he
not have IL in his mind to do all of
this? 1t seems to be the only way to
account for II all
Another most extraordinary state
ment of Wells is that Shirley put the
open knife in his pocket in the pants.
He had on this sack coat and natural
| ly would have placed the knife in Ii,
| as Wells placed the gun in his over
coat pocket Is such statement to be
thought credible. Also defendant rep
| resented the knife to he a long one
with a blade from four and a half
inches to five inches long and a wide
blade at that. The speaker then pro-
duced a knife with a blade three and
half inches long, the largest pocket
knife. he found, he said. and tried to
prove 1t to be impossible to put a
knife such as described by defendant
| in the pocket of the trousers.
| Also. asserted Mr.. Clancy, 1t would
be reasonable to suppose that the de
fendant placed a negro at the tele
phone pole TO show that vos could not
have been there. Phillips says he saw
Vos there and the negroes themselves
say there were but four of them there
and their names have all been told and