The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-26
WELLS STORY OF
SHOOTING SHIRLEY

Wells told him that he had the right
TO work whom he pleased if he paid
them for it.
At that. Wells said, Shirley raised
his left hand and making a gesture
for emphasis. pointed TO Wells and
in tone more intense than loud said
You won't"
Wells testified that from the heat
ed appearance of Shirley and from
the drift of the conversation that he
thought they were near trouble. He
feared an attack. he said. and ad-
dressed Shirley Thus: Let us reason
about this trouble. You haven't worked
on this job
Before that" said the witness, 81
had said that / had to put the job
through with union men or not"
Il said. let us he fair about this
thing testified Wells. and Shirley
answered that they We're being fair.
Wells asked him the following ques-
ton:
DO you thing il fair to have a lot
Of - - sitting around all day
keeping men away who want 60
work."
To this question Shirley made an
swer. but Wells did not understand
il. he said. Shirley hesitated just
minute, his eyes and face indicating
great anger and then raised his left
hand as if to grab Wells by the col
lar and almost the same instant jerk
ed his right from it's pocket and rails
ed it to strike. Wells. according to
&c hn knifa
then. but supposed that Shirley was
about to cut him. stab him and kill
him; and lodged back and to the
right, drew his revolver from his
right overcoat pocket and shot Shir-
ley He escaped the touch of Shirley
by his quick movement and swung
around to shoot the others If the at
tack was general. Freeland was NOV
ing rapidly TO the south and the 9th
er union man who had been at his
back was drawing back in a manner
to indicate that he meant no harm.
Then Wells looked back at Shirley
and saw him on the sidewalk, on his
knees and one elbow. To him Wells
said:
Red, old man. I hope you are not
BADLY hurt" and going around to his
head, said. II hated to hurt you, Red,
hut you made me do it
Then Wells turned to the other
men present and said: "Wry don't
some of you fellows come and help
this man? Let's do what we can for
him" One fellow picked up his head.
Wells then went into the hardware
store. but prosecution objected to his
telling what he did and said in there
and the objection was sustained.
Wells described his revolver as
deadly weapon, a .32 automatic. He
had il in his pocket about an hour
before the shooting. he said. He got
il out of the dresser drawer in his
room. he said.
Wells was then told by his lawyer
to describe his mental condition lead
ing up to the shooting. He said that
the gathering crowd of worknen. the
threats he had heard and the aspect
of the men made him afraid. That
was the reason he armed himself, he
said He was afraid Shirley was go
ing to cut him with the knife. and.
under close questioning, said he was
afraid he would be cut TO pieces and
killed. He said he would not have
SnOt Snlrley III ne nad not tnOugnt MS
own life in immediate danger.
Then in answer to what other wit
nesses had said, Wells testified that
| witness Vos was not at the telegraph
post at the time of the shooting. that
there was a negro standing there,
but that he was sure Vos was moi
there. He said that witness Rogers
was not at the scene of the shooting.
that he (Wells) did not see or hear
| him and would have seen him IL he
had been there: and that witness
Robinson was not at the shooting.
Witness then said that he had been
indicted at the present term of court
When asked il he had asked for a
change of venue. prosecution object
ed and objection was sustained. De
fense then turned over witness to