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

Today was the day set aside by the
court for the argument of the attor
neys in the Wells case. The court room
was literally jammed, all the seats be
ing taken and standing room at a pre-
mium. even the doorway being full oi
those who were unable to gain admit
tance.
After few perliminaries. the case
of the prosecution was undertaken iby
Attorney General Clancy TO ibe eX
planned To the jury. Mr.. Clancy spoke
for about an hour, his delivery being
careful and he was accurate in the
-.4se of words To explain the points he
wished to set before the jury. As ii is
impossible TO give the addresses OF
the attorneys in full. the Record will
give a careful abstract of each talk
that of Attorney General Clancy being
as follows:
He first explained to the jury his
being in attendance upon this case. II
was at the direction of the governor,
as il was his duty. the governor ibe-
ing requested to send him here by
the district Judge the latter acting at
the request of District Attorney Her
vey. MIR. Clancy said he desired TO
state that ne was here merely to as
sist Mr.. Hervey. who had, however.
shown by his conduct of the case, that
he required no assistance, being per-
fectly capable himself.
The duty of the public prosecutor.
said Mr.. Clancy, was not to try and
convict the defendants or to win cas-
es. but to see that all cases are fairly
and imparstially tried. He would pro-
ceed to attempt to aid the jury i'm an
examination and consideration of the
evidence but not to dictate to or TO
attempt to influence the jury.
The question of the guilt or ilnoc-
ence of the defendant could be based
on his evidence alone and this he
would first proceed to do, reviewing
the evidence of the defendant as Civ
en- before the jury. A persistent effort
had been made in this case to trans
form IL from trial OF the defendant
for murder TO a trial of the labor un-
ion Ii the union could be proved to
be wrong. then the jury might be led
20 believe that Wells was right in
taking the life of Shirley.
The was union here. a strike. pick
cts had been put out. and even intim-
idation had been used, the methods of
unions under like circumstances. He
considered that unions had been of
great benefit. but at the same time the
methods had been genefally of the
most reprehensible character. Such
was the case here.
Perhaps there had been some intim
idation. but no threats had been dis
tinctly proved to have been made. ex-
cept on the testimony of witness Day.
the man who was sober and for a long
di.ne and also who was supported By
his family taking in washing. His tes-
timony told of the only distince threat
All of this has no bearing on the
question of the guilt or innocence OF
defendant. 1t would not justify him in
his actions, even though the truth OF
1t all be conceded. Even then he is
guilty in some degree.
Mr.. Wells had. said Mr.. Clancy, tes
titled that Shirley and Freeland were
on the scene of the killing, told of their
legged remarks but could not prove oi
a single one heard by himself. He had
heard Of threats against Hobbie bu;
not against himself. He was scared
and nervous, apprehensive of trouble
said Mr.. Clancy. referring to the de
fendant. but he did not look like q
man easily scared. He put the pisto
in his pocket He was especially afraid
of Shirley. Shirley was the man. Bui
Mr.. Wells did not seek to avoid this
trouble. He armed himself, net Shir
lev and then the much testified o.
conversation took place. Irwin tha
very morning had told Wells that {
settlement of the strike was in effec
about to be made. Irwin refused Il
work the negroes and Mexicans. Ye
Wells told Shirley he would work then
anyway. IL he had wanted to avoit
trouble he would have said. no. Bu
the defendant made reply TO Shirley
reply which must have added to tn
bitterness and which 1t Is inferred h
himself, must have felt. He referres