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

the union as pickets and to tell Wells
he could not finish the job unless he
made it a union joo; that the union
9ickets warned the negroes not to go
to work or Hell would be a popping, {"
that Wells heard this warning himself
on The morning OF the killing, just be-
fore he met Shirley and Freeland and
had the conversation that resulted Il
the shooting; that Wells, just before
the shooting, pointed out Shirley to
John B. Gill as the man who was caus-
ing The trouble and asked Mr.. Gill
TO go and get a warrant for his arrest
that Mr.. Gill was on his way to JUS
ice Welter's Office and got as far as
the post Office when the shot was fir
ed
Counsel then gave a detailed ac-
count of the meeting of Wells with
Shirley and Freeland and of their con-
versation which led up to the shoot
ing. as he expects to prove il. This
account was more detailed than any
yet given and as the conversation was
down i'm writing. as defense stated
they expected to prove al, the conver-
fore reported. although 1t gave no
new features. not differing materially
from the general idea that has prevail
ed throughout as to the nature of the
said conversation.
Defense expected to prove Mr. Gate
wood said, that upon question Mr..
Wells told Shirley and Freeland that
he did not propose TO put negroes 20
work on the job unless he had to-"
and that when pressed, he said Il
aSn going to finish this job according
10 my contract, unions or no unions"
The final scene. as Mr.. Gatewood
said he expected to prove it. was
dramatically Told. He said that as
the evidence would show Mr.. Shirley
drew up his left hand as If TO take
Mr.. Wells by the coat lapel and drew
his right hand up from behind as IL
to strike him with a weapon and,
coming forward with light in his
eye appeared as though he were
about to do Mr.. Wells some deadly
harm. 1t was then that Mr.. Wells
determined to shoot. thinking that he
was about to be assaulted by all the
union men with whom he was almost
his revolver and fired II was Mr..
Wells intention, said defense. to
shoot the others if the assault was
general as he supposed and that he
turned to F'reeland TO shoot him, but
Freeland was getting away. and even
turned to the third union man, who
was standing a little distance away,
but as the third union man made no
demonstration of attack. Mr.. Wells
did not shoot.
After a discussion among the law
yers as TO whether cea-tain other
things should he said at this time
relative to what defense expected to
prove, the court ruled out for the
time being the points under discus
sion. and the first witness for the de-
fense was called in the person OF jim
Irwin. cement worker. son of w. j.
Irwin. the contractor Tor the cement
part of the job. The opening part
of jim Irwin's testimony was in con-
firmation OF the troublesome condi-
tons at the Wells-Gill building. being
much the same as given by various
other witnesses. He testified that he
heard Shirley say to the negroes who
were about the building the fatal
morning that IL they went to work
there would be trouble: that the ne
groes answered. I'VE have to live the
same as you fellows. but we don't
want any trouble" He said that Free
land was nearby and that four or five
negroes and four or five Mexicans
were close. This, he said. was three
or four minutes before the shooting.
Jim Irwin said he heard Wells tell
Gill to get a warrant for Shirley. point
ing him out as he stood with Freeland
not calling his name but designating
him as the big fellow with the black
hat
Jim Irwin further testified that
Freeland and Shirley were at the cor
ner of the Old building first and that
he heard only part of the converse
tion between Wells and the two men
when Wells came up. He hearo them
quarreling as to the negroes going
to work on the new job and then went
on about his own work. The next
thing he heard was the report of the
revolver. Looking at the corner where
the men had been quarreling. he saw
Wells. Freeland and one other white
man. Shirley on his hands and knees
on the sidewalk and several Mexicans
and negroes nearby. He didn't know
the fourth white man but said he was
workman with a white hat, overall.
blue shirt, less than five feet and nine
inches tail and of stocky build. Irwin
said that he went up to where Shirley