Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-01-24
Az A ADULTERY TRIAL.


court estcrday afternoon by reuues
81 Asst tant United States Attorne,
E. L. NCdler Il was just before tn,
Avilln lottery case came up for pre-
Iiminary hearing.
Jud e w G. Heacock. attorney fol
Abe d. onsc. objected to Attorney
Mcdlers request. hut the court sus
tanned II
jude Heacock said in his objection
that u was for the secrecy of the con,
aucting Of the statehood investigation
by Senator Bevoridge and his sub,
committee. that had caused So much
comment recently. and that he saw no
reason why the Lahiic should be Sc
cluded from the court room.
Judge Whiting replied by saying
that only the witnesses, members OF
and three members Of the - OF r. T.,
were 10 remain in the court room
The Avilla adultery case. In which
AIonzo Avilla, alias James Forrest, n
passenger brakeman. II charged with
having betrayed Miss Ada N Petty, n
girl hardly 20 years of age. TO leave
her home In Alta. Iowa and come to
this city. where they were married in
mock ceremony he. at the time having
n wife aud family living at Winslow.
Ariz.
The case is probably the most sensa.
tional of the kind that has ever DC
CURED In the territory,
The complaint filed against tie de.
fondant is as follows;
Before me. II. w. Dobson, a notary
public in and for the county OF Berna-
lilo and Territory OF New Mexico, per
sonally appeared Ada NJ Petty. who.
being first duly sworn. deposes and
says that on and about the 25th day
of October. A. d., 1909. at Albuquerque.
In the county OF BernalIllo and in the
Second judicial district of the Terri
tory Of New Mexico. A. A. Avilla, alias
James Forrest, in violation of the act
of congress, March 4. 1887, amending
section $3.50 OF the revised statutes OF
the United States. did uniawfully com
init the crime Of adultery. tSigned)
"ADA NJ. PETTY"
The defense read the complaint and
the prosecuting witness was called.
Miss Petty appeared and took the
witness stand, She was dressed In
neat black tailor made sult OF heavy
material, with q yoke OF delicate blue
and collar OF the same material grid. !
ling her throat. Her head was decked
with white hat OF the sailor fashion. |
il was noticeable that she was ex-
fremeiy nervous. but she bore up
bravely under the examination. The
story she told was about the same as
that published In The Citizen of last |
Monday Afternoon. A number OF let !
ters written 10 Avllla by her, we're pro- |,
duced. which she identified. A few OF
them were read. They were most pas
sionate in trend and showed that the
girl, even after she had learned that
he. Avilla. had another wife. loved
him in a most violent manner.
The prosecution produced a tele.
gram sent by Avilia to Miss Petty,
when he. Avilla, was detained at Wins.
low on account OF his babys death.
The telegram read: BE consoled,
baby Ia dead"
Mrs. l.. Boiler was She next witness
To take the stand. MrSN Boiler keeps
roomins house at 204 North Arno
street, where Miss Petty and Avilla
had rooms She said that Avilla came
to her place In October and secured
rooms. Miss Petty came there and
Arilla represented her to he his sister
She said that the girl had sometimes
cried, but would say no more than that
Ayilla had hidden her not to talk. On
one occasion she told Mrs. Boiler that
she was in deep trouble.
Mrs. Avilla, the wife from Winslow.
was the next witness. Her evidence
was not very material TO the case. She
produced letters she had received from
the wronged girl In one OF the letters
Miss Petty wrote that she did not want
.Avilla, for II ''he was not true TO his
first wife, he would not he true to her"
A. A. Avllla, the defendant was
called. He Was esscd la black suit
and was very neat in his toilet. He
gave very little evidence. In fact he
answered very few questions during
the examination. He said that he had
met Miss Petty on the train between
Needles and Wlnslow about three
years ago lie said with a sneer that
ahe was q dirt like some OF these
womea." He refused to Identify let.
ter written 10 Miss Petty, enticlng her
from her home. He said. when she ar
rived here. he took har to the Majesty
rooming house. He meant the Males
tic rooming house. He said that he
formerly lived on or near Huning ave
nue.. lie said that Miss Petty came
here without money and she had been
10 him like sister and that he
wanted 10 be brother To her. That
lis why he introduced her as his sister.
lie didn't know anything about the
mock ceremony. lie also said that he
left his room an Arno street to get
uurav from Hap Mlaa D.t1,s IIa