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

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behind him and the other to one side,
both being close. Wells. the witness
| said. appeared scared and excited.
Another argument then ensued as to
whether what Wells said and how he
appeared should be admitted. The
court decided that 1t should.
The witness. Miles. then said that
Wells said. why don't some of you
boys go for a doctor" Then he ad
dressed Shirley. who lay on the side
walk and said. Red, old boy. hope
you are not badly hurt" The witness
said Shirley had been directly In the
front of Wells. Freeland directly be
hind Wells and another white man to
Wells left.
The witness was then questioned by
Mr.. Hervey for the Territory. He was
asked II he had not testified before
the grand jury that Wells did not say
anything and that Shirley had called
out something when shot He answer
ed, yes.
Witness was then shown and read
a copy of his answers before the grano
jury and asked to explain why he had
asid that Wells did not say anything.
when he testified before the grand
jury and why he now replied that
Wells had said several things and
even knew what he said. The witness
identified the testimony before the
grand jury and said that he had for
gotten it then. but remembered II
now. In reply to another question he
said he did not hear any foul or OBJ
scene language used between Wells
and Shirley.
The court then excused the witness
afternoon
Tuesday Afternoon Session.
William Courtney Bell a negro Ia
borer, was the first witness Tuesday
afternoon. He knew none of the prin-
cipals in the ls-Sh1rleyFreeland af
fair until the morning of the shooting
He went to the building to get work
that morning because he had heard
that he could get a job by going there
He said that Shirley and Freeland
came up 10 him and the bunch of ne
groes with whom he was standing and
warned them not to go to work Oh
that building or there would be
He'll to pay" Witness said further
that Shirley looked at him so straight
that he made answer that he was not
looking for trouble nut was merely
looking for work He said that he
(Ben. the witness) had a wife to pro
vide for and had to have work. Shir-
ley answered that IL he was looking
for trouble to go to work an that job:
il not. he had better clear out.
Witness Bell. then described the
meeting of Wells with Shirley and
Freeland. explaining where he and lhe
other negroes were standing, which
was about twenty feet from the place
where the three white men met. He
recounted the conversation between
Wells and Freeland and Shirley with
no material change from the accounts
previously given by various Witnesses
He described the position of Wells at
the time of the shooting, showed how
Shirley raised his arm to strike, sank
to the sidewalk on hands and knees;
then how Wells walked about, first a
few feet to the right and then to the
left as IL looking for some one and
then said to Shirley. 81 hope l have
not hurt you much, Red" and after
giving directions for the calling of a
physician, went into the Independent
Hardware Co.
Witness Bell further testified as to
the remarks of Shirley and Freeland
before the shooting, saying that Shir-
ley suggested to Freeland that they
send after the rest of the boys and
then We can kill all the damn ne
groes."
Bell further testified concerning the
conversation between Shirley and
Freeland. stating that they cosidered
the advisability of leaving the place
and going to town after the lest of
the boys" Freeland advised staying
there as long as they could before
Wells ordered them away saying tha,
Wells had sent a man to have them
arrested. Shirley said he did not care
for being arrested. Bell testified. that
If he was. the Jail wousd De full be
fore night"
In the cross-exacninatiOn of Bell he
indicated that Shiriey's right arm was
still in the motion of striking at
Wells and that Wells was In a crouch
ing attitude, dodging said intended
blow, when the shot YVES fired. Bell
admitted under question that he had
been convicted of felony at Carlsbad
when eighteen years old and had paid
two fines in police court since coming
TO Roswell last August IL.
Paul c. Wilson, book-keeper for the
Roswell Lumber Co.. was then called
and testified as to being at the Wells
building before the time of the homo
eide. He repeated a conversation be
tween Shirley and the negro laborers
| in which Shirley made The threat that
In fhov tho nAprooS Uonr IN