The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-23

ROSWELL, NEW
objection of the defense 10 the adj
mission of this was sustained.
The jury was then brought in and
also the witness. Crutcher Enbanks.
who testified that Montgomery told
him on the occasion above stated.
that II Wells was trying to get HIN
to work on the building and witness
answered that ne was. Monfgomery
then told him there would he trouble
II he did. There was q strike On the
building and that those Mex1cans
and negroes could not work there.
Enbanks said he told Montgomery he
was looking for work and not tor
trouble. Montgomery then told him
there would be trouble there and that
there rnight be LEAD.
The witness was not present at the
killing. He told Wells some ave or
ten minutes after he talked TO Mont
gomery what he had been threaten
ed and tod Wells OF the threats. re-
! peafing to him the words used by
Montgomery
Upon cross examination the witness
testified that the Montgomery con-
versation took place after twelve o.
clock in the day. and the day before
the killing. Montgomery was descrSb-
ed by the witness. who asserted he
was testifying to what he knew to he
true and not what was told him.
Robert Bannernan was called and
' fr- nI hot hn Era q. ri nA IL
so Freeman. He saw them the even
ing beeore the killing near the Green
Front saloon. where there was 4 lot
of negroes and about two or three
white men. Shirley called him TO one
side and told him that Wells was go
ing to put negroes to work on the
building and also that he could not
do II. Shinley said he would go up to
that place the next day and not alloy
them to work. Banner=nan advised
him to stay away but Shirley repea.,
ed that he would see that ''niggers
| and scabs" would not work on the
Wells building.
Cross examination developed that
the witness had worked on the Wells
building after the killing for about
weeks.
George w. Bunting saw Shirley at
the Oriental saloon. SO he testified. ON
the Saturday before the killing. Shfr-
ley said that Wells said that if he.
Shirley did not stay away from the
Wells builtiing. that he won3d have
him arrested.
]. W. Day was called by the de-
tense and testified that he over
heard Shirley and Freeland talking
| on the sidewalk in front of Gronsky's s
on Main street. after supper the even
ing before the killing. Shirley said to
Freeland. Il hear that Wells Is going
| to put some men to work on the build
i ing tomorrow and we must unionize
that job. We must do up Wells first.
We must break his damned neck"
| F'reeland said yes to this and then the
witness went into the Elk saloon anu
phoned this conversation to Wells.
On cross examination the witness
denied that members of his family
supported him by taking in washing
Prosecutor Hervey asked him a mum
ber of questions tending to show that
that he was sober that night and that
sidered II his duty to do so.
Isaac Smith, a workman. who pass
ed the Wells building mt the time of
the trouble on his way to work every
morning, testified that on the morn
ing of the Friday before the kifiing
that as we was on his way to work
on the west side of the street, that
he saw Shirley and a bunch OF men
/ there. Shirley started to come over to
him and FIVE or six of the men start
ed after him, but Shirley waved them
| back and came alone. Shirley walked
| 1--WE or six blocks with him and talk
ed to the witness. who said he was
not a Union man. Shirley told HIM
that he was one of the commtt4ee
men to keep men from working on
the job there. He saw Shirley from 3
to times at the Wells building. Also
from four to eight men with him. AL
this was the week before the killing.
Shirley had a knife in his hands the
| time me was talking to witness. but
this last was ruled out by the court.
| Here ensued a discussion of xxame
length as to the admission OF certain
| evidence and witness was excused
w. T. Paylor. city clerk. was call
ed. He testified that he had had .
conversation over the phone with
Charley Gilbert Thursday or Friday
before the killing. Objection was
made to the admission OF this con.
versafion and the jury was excused.
Judge Gatewood. for the defense.
stated that they proposed to show
that Charley Gilbert wanted to use
rho <.ffv hall frsr N Iafrrrr rv,oaffu~ axurf
through some mistake the meeting
was held at the old council cl,ambes
In Stockards Hail. This meeting. he
stated was to raise a fund to provide
against any trouble that might -ensue
with Wells The theory OF the oase.
according to the defense. 1s that
Charley Gilbert stirred UP the froaznse.
He proposed 10 introduce q cuuvesuA,
ton OF Gilbert and PaylT % BhUw
this.
L