The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-07-20
CASE OF THE
DEFENCE

The trial of w. T. Wells on the
charge of numbering ollie Shirley
reached the point where the prosecu-
ton rested at about the time The
Record went TO press yesterday after
noon. and following a half hours con-
sullalion. the attorneys for Mr.. Wells
began their side of the trial.
In opening the defense, w. w. Gate
wood. counsel for Mr.. Wells. made a
half hours statement of what he ex-
pected to prove. This brought ont
the first public statement of Mr..
Wells version Of the shooting. the
causes that he claims led up to IL
and the impulses that prompted him
To fire the fatal shot.
MIR. Gatewood. in substance. said
that he expected to prove that there
were unusual conditions preceding
the homicide referring TO the exis-
tence of labor unions. all united un-
der the American Federation of Labor
that the defendant. Mr.. Wells, is a
builder Of many buildings and has put
up many large structures in Roswell
and has employed much labor in the
past: that MIR. Wells has always felt
kindly toward union labor and has
dealt kindly with union laboring men
ami has always been their friend. and
believed in them where in their pro
per sphere.
He expected to prove. Mr.. Gatewood
further said. that MIR. Wells was un-
der contract co finish the building ov-
CT which the trouble arose within a
certain time: that there were three
different contracts for the different
branches of the job and that Mr..
Wells himself had charge of the lay
ing of the foundation and cemen;
floor; that Henry Rock had one con-
tract. w. J. Irwin had had the other;
and further that Mr.. Irwin had one
non-union man. :. II. HGrble, employ
ed along with six union men. further
that the job was going ahead nicely
when Mr.. Irwin got notice from the
Union men that he had one non-union
man and must fire him: that Mr.. IT.
win told Mr.. Wells of the trouble and
Mr.. Wells asked MIR. Irwin If Mr..
Holsbie was a good workman: that Mr.
Irwin said that he was: that MIR.
Wells said he would not fire him IL
he had to put him at digging and fill
ing holes; that MIR. Irwin suggested
transferring Hobbie to another job ana
that Mr.. Wells consented.
The defense expects 10 prove fur
ther. said MIR. Gatewood. that mean
while. or at about this time a strike
had been ordered on account of Mr..
Hobbie Being at work on the job. and
that all the union men quit work: that
there was a strike condition for a
week or ten days before the shooting;
that agiiators were at work. union
meetings were being held to consid-
CT the matter and that the union men
went so far as to send out a circular
to other towns advising union men
not to come to Roswell as there were
two men here for every job. as there
had been labor trouble. was then la
Dor trouble and would probably be
more.
Mr.. Gatewood said defense would
prove that even Will Freeland, who
was with Shirley on the fatal morn
ing. could not go to work whether he
wanted to or not; that the decision
had been made by the union men that
this would he made a union job or
Wells would die: that repeated threats
were made against Wells. that great
excitement prevailed: that from five
to fifteen union men hung around the
job all the time and that when other
men came seeking to go to work. they
were told not 10 go to work. or tnere
would be trouble.
Mr.. Wells had been warned on the
night before the shooting that his life
was in danger was another statement
made by Mr.. Gatewood as a point the
hot
Mr.. Wells had been repeatedly warn
ed in similar manner.
Defense further expected to prove,
said counsel. that Irwin told him to
go out and get more labocers: that
Freeland and Shirley were sent by