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

CTutcher EuhankS. a negro, was call
ell TO the witness stand in the trial of
w. T. Wells in District court Thurs
day afternoon at -four O'Clock. but
was Withdrawn for the time being
while points in law We're under con-
sideration by the lawyers and court
Neil Brooks. a negro gardner, was
put on the stand. He remembered
the killing of Ollie Shirley by w. T..
Wells. He was near the Watson FIN
ley grocery at the time of the shoot
ing and also on the same morning
of the shooting. He said Shirley ap-
preached him that morning near the
Watson store and asked him II ne in
tended to go TO work on the Wells
building Brooks said NO" and ask
ed him why. Witness said Shirley
tofi him he was overseeing the Wells
job and keeping men from working
there. He said that Wells was on
the street that morning and that in
explaining who Wells was Shirley.
said ''yonder goes the -
now"
Here the prosecution moved 10
strike out the tel efsimony of the wit
ness ON the ground that ID was Inn
material to the point at issue. To
this the defense objected. saying the
testimony shows the state of mind of
Shirley al the time of the killing and
his feelings toward Wells.
The motion to strike out was over
ruled by the court.
On cross examination the witness
testified that he knew Shirley for n
year or two but had no business with
him except that day man by the
name of Montgomery was with Shir-
ley when he talked to witness near
the Watson-Finley store. Wells was
near the Roswell Seed store. Shirley
said that he was the boss of the job.
was to see to 1t and he was the
man what sees that nobody works on
IT," Shirley pointed out Wells and
cursed him. using an obscene expires
sion.
Later in the dav Shirley net him
again and brought UP the same con
versation. Here the witness tried to
describe the physical appearance Of
Shirley.
George Davisson was called to the
stand Mr.. Dayisson was living In
the Wells flats at the time of the kill
Ing. but was not there when the shot
was fired. being tiIen at the Grand
Central Hotel. He came out of the
hotel and was called TO by Mr. Mas
sic OF the Independent Hardware Co.
Also the running crowd attracted his
attention. The witness ran TO the
see g, of the killing. about $50 feet.
He saw Shirley on the sidewalk, and
he was not quite dead. There were
about ten or fifteen persons there.
Charley Gilbert was there.
As Mr.. Davisson was running to
the scene of the killing several times
who was going to the independent
Hardware store. and who was near
the north door. about fifty feet from
the body.
The witness had seen Shirley about
the scene o fthe killing several tine
before. He saw him there on Mon
day and also on Tuesday morning.
the day of the killing He saw Shir-
ley with an unknown man. There
were also some negroes and Mexicans
there.
There was no cross examination Of
this witness.
George w. Bivins a laboring man.
WAS placed on the stand. He knew
w. A. Freeland and heard OF the kill
ing. The witness had worked for Ir-
win on the Wells building some eight
or Ten days before the killing. but
was unable TO fix the time accurately.
Freeland had talked to him while he
worked there Sut this conversaton
was barred out by the court on ac-
count OF its remote date.
The witness testified that he had
passed the scene n few days before
the killing and saw Freeland ami pro-
badly q dozen others sitting on the
sidewalk across the street.
Witness was excused without Cross
examination.
r. L. Graves one of the attorneys
for the defense. took the witness
stand. His testimony showed that
about eight O'Clock he was tying his
horse TO a ring in the sidewalk about
100 feet south OF the immediate place
OF the killing He did not hear any
of the preliminary trouble or the con-
yersation but his attention was attract
ed by the nose OF the shot The on
ly person he recognized at the time
was defendant Shirley was down
on the sidewalk when he saw him.
There were two white men between