Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1909-05-13
CHARGED WITH TAKING GUNS.
ALLEGED THAT NEW SPRING
FIELD RIFLES WERE FOUND
IN THEIR POSSESSION
0BTAINEDFROH TROOP TRAIN
THREE WITNESSES BROUGHT
FROM PHILIPPINES TO TEs-
T.FY TODAY.
The trial Of Joseph W. Wernz, Guy

The trial OF Joseph w. Wernz, Guy
A. Messick and John McNamarah
charged With larceny of three
Springfield rifles from soldiers en-
route to the Philippine islands on
February i. 1908, progressed quite rap.
idly In the United States side of the
district court yesterday afternoon.
The following jury was selected and
sworn to try the case. after the de-
Tense had exhausted eight challenges
and the United states its three chaI
lenges:
Pablo Ortiz, Mafias Maesfas, Apo
Ionic sandogaE. Iasus TrujiIIo. Petro-
limo Armiio. samuel 9. Rains. Line
Sanchez. Juan Pedro Garcia. Pante-
leon Montana. Thomas Tipton, Igna-
cio Lobato, Victor Gonzales.
In his opening aatement to the
Jufy. d ass Atlorrsy D6Tid = ]. Es3hy
outlined the case Of the government
as follows;
Statement Of Case.
Gentlemen Of the jury In order
that you may understand the relevan-
cy of the testimony in the case
which you are to try, Il viii now
state to you briefly what the govern
ment expects to prove. AS stated to-
You this morning this is case
brought by the government Of the
United States, by Indictment, against
the three defendants, wherein they
are charged both with the larceny of
government rifles and also with pur-
chasing these rifles from persons in
the employ of the military service OF
the United States. We expect to
show you by competent evidence, that
on the first day Of February 1908,
the defendant, Joseph Wernz, was
conductor in charge of the second
section of train No of the Atchison,
Topeka & Santa Fe Railway COM
pany; that he left Trinidad on that
train sometime before noon on Febru-
ary l, 1908, and that at that time the
other two defendants, Messick and
McNamarah were brakemen on that
train, with Conductor Wernz: that
one of the cars in that train was a
Pullman tourist sleeping car; that
there was company Of soldiers rid,
ing in that car, regular soldiers Of
company K. 2srd Infantry en- route
from Fort Ontario in the state of
New York, TO San Francisco, and
thence to the Philippine islands. That
there were three rifles belonging to
three of these soldiers hanging up in
the vestibule or washroom of the
sleeping car; that these rifles were
hanging in that car at the time the
train left Trinidad. Colo; that after
the train arrived on this side of the
tunnel, and in the territory of New
Mexico. the three rifles were mis-
sing. The government will show you
that there we're no lights in the car
as 1t came through the tunnel. and
on the car emerging from the tunnel,
the rifles were missing. The govern.
ment expects to show to you that the
defendant. John McNamarah. instead
of riding down to Ration with that
train, as it was his duty TO do az
brakeman, was seen at the station Of
Lynn, which is just this side of the
tunnel. with the three rifles in ques'
ton, and that he had his. overooa'
or some coat wrapped around them
We expect to show further that Nc
Namarah with the three rifles. went
into the station at Lynn. and spoke to