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

parties hanging around the Wells
building, would ibe permitted.
The jury was brought into court and
defense re-opened its case by placing
Pat H. Boone ON the stand. Mr.. Boone
testified that he had been in Roswell
for 26 years and was a member of the
coroner's jury in the case of Ollie
Shirley. The examination of the re-
mains and of the clothing had been
made at the Ullery undertaking
rooms. The body had been examined
and also the clothes. in the presence
of the jury. The witness saw some but
tons. some tobacco and a small memo.
book. but was not clear as to the ex-
act articles. He was positive there
VAS no knife found on the body.
On cross examination the witness
stated that the undertaken had eX-
l-nined the body and the clothes.
The next witness was r. l.. Malone,
$50 a member of the coroners jury.
The inquest was held AT Ullerys, and
the body and clothing had been exam
ined. small book. tobacco and per
haps some papers had been found. The
witness was quite sure no knife had
been found on the body. The under
taker had examined the body in the
the pockets out.
Nothing new was developed by the
cross examination.
Ed S. Seay testified that he had
been in Roswell for fifteen years and
had been a inember of the coroner's
jury. The inquest had been held in
the court room but the body had been
viewed at Ulierys. The body and the
clothes had been examined by Judge
Welter and the jury. They found to-
SaccO. a union button and a memo.
book. The witness was here shown
some articles but could not positively
identify them as being found on the
body. He was quite certain that no
knife had been found on the body.
Upon cross examination he was ask
ed if the body was in the basket when
examined but could not remember.
A. ID. Garrett, member of the cor
oner's jury and who has lived in Ros-
we'll for fourteen years. testified tina
he viewed the body at Ullerys 1t had
piece of tobacco, some buttons Or
button. He could not identify the to-
bacco or the book and button shown
him. He was positive that no knife
was found on the body.
On cross examination he testified
that the Ullery undertaken and Judge
Weher took the things from the cloth
ing on the body in the presence of the
jury. He was burt two or three feet "a
away at the time. He thought that the
undertaken handed the things to Wei
ter
w. J. Irwin was recalled and referr-
ing to the knives he had seen in the
hands of the parties around the Wells
building. he testified that he had told
Wells about these knives.
At 10: 35 the defense rested its case
and rebuttal was begun lby the prose
cution.
E. F. Denton was the first witness
called and he testified that he was in
charge of the grounds of the Country
Club. Joe Gay, a negro, had worked
for him there in June. Coming into
town, Gay said to him that MIR. Wells
didn't have any right to kill the man"
Defense moved to strike out this con-
versation as a mere opinion. The court
ruled that it be stricken out.
Gay also said, said the witness, that
Shirley didn't have any weapons"
Also witness repeated that Gay said,
wells called Shirley and
Shirley took a step forward as though
TO hit him and Wells had his hands In
his overcoat pocket and pulled out the
gun and shot him" Objection was a
gain made by the defense and object-
ion sustained but the question was Ge-
peated to the witness in another form
and he stated that Gay had said this
Under cross examination the wit
ness said that this conversation TOOK
place in the middle of June between
Roswell and the Country Club. c. p
Heldon was also present. There had
been other conversation with HeldoI
| by Gay that he did not hear. 'but whal
he had testified to, he did hear. He
had never told this before to any hu
man soul; had talked to no one sabou'
| IT, Further questioned he said he had
talked to Mr. Hervey about il but diC
not mean him when he answered be
fore He was a good friend of Charley
Gilbert and had spoken TO him yester
day for the only tine since the mid
die of June. Witness then repeated thu
Things Gay had said.
! c. p Heldon. the next witness. haC
worked at the Country Club and hat
| known Joe Gay. Talked with him a
bout the killing of Shirley by Wells
He then testified in substance tbs
! same as the previous witness and tn
| coirt as before ruled out the portion