Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-05-20
W|GGINS ON TRIAL
FOR KIDNAPPING
ROGERS BABE
CONFESSED ACC0MPLICE
TESTIFlES AGAINST HIM
viii Rogers Declares He Told
Virgins to Give Up Job After
First Failure but Latter In
sisted on Stealing Child.
IsneeIal DIspatch to The Morning Journall

Las Vegas. n. NJ, May 19.--Tomor-
row night is expected 20 witness the
closing chapter In the Rogers kidnap-
ing case. BY that time the trial of
Joe Virgins, eX-conyict and accomp-
lice of WIN Rogers IN the abduction
of little Waldo Rogers, II is expected.
viii be concluded and Virgins fate
Will rest with a jury of his peers.
Virgins trial was commenced here
this afternoon at O'Clock. The se-
lection of jury, contrary to expecta-
tions, occupied but little time and the
panel was completed In less than two
hours. Eight men were excused and
the regular venire had not been ex-
hausted when the necessary twelve
had been accepted by both the state
and the defense.
Contrary to expectations, Virgins
reaftirmed his plea of not guilty and
the trial began without delay. A de-
murrer To the indictment by defend
ants attorneys. Messrs. Veeder and
Burgan, was promptly overruled 10y
Judge Roberts and an exception to-
the courts ruling was taken hy The
defense.
Mounted Policeman A. A. Senn was
the first witness for the state. lie
testified at leugth concerning the in
vestigation which led up to the arrest
of Virgins and VIII Rogers for the
kidnapping of Baby Rogers. Sena told
his story clearly and 1t was not shak
en- on cross-examination.
Will Rogers, who has pleaded guilty
TO the indictment, was the second
witness. AS he was led into the
courtroom pale and detected, In the
custody of deputy, all eyes we're
riveted upon him. Rogers tcsti-.
mony was mainly relteration OF the
story told in his confession on the
night of his arrest, April II last.
There was one material contradiction,
however, in that Rogers today test-
fled that after Virgins had attempted
to kidnap the child one night when
the Rogers family was attending a
theater and had left the baby and a
nurse girl ut home and alone in the
house, and had failed because the key
he had would not fit the door, that
he (Rogorsl told Virgins on the follow
| ing day that the deal was all off and
for him 10 go home that night and 80
to bed. Instead of going home Wig
gins had gone TO the house and stole
the child.
on cross examination counsel for
the defense asked Rogers why 1t was
he gave Virgins a new key TO fit the
door II he had changed his mind
about kidnaping the child.
Rogers here contradioted himself
and was unable to offer q satisfac-
tory explanation.
on the witness stand Rogers spoke
In a low tone and buried his face In
his hands for most of the time. IL
was necessary to ask him second
time In order TO hear his answer. On
cross-examination he contradicted
himself very seldom and generally he
was u good witness for the territory.
The last witness Of the day was
Captain Fred Fornolf of the mounted
police who related at length his in
vestlgatlons OF the case and told of
the confession OF Virgins. Time and
again the court sustained objections
of the prosecution to questions asked
by counsel for the defense on cross
examination.
Quite a stir was caused when II was
rumored that Virgins in conversation
with Fornoff, declared that on the
night of the kidnapping he did not
Dlthk into the nouhe Hpf hih ilt tNtH
enter II, but that WIN Rogers opened
the door and gave him the child, Wig
gins is also said to have stated that
the note demanding the payment OF
the ransom and containing threats in
case the instructions were not COM
piled with was given him by Rogers
and that he never knew It's contents
simply leaving 1t as directed by
young Rogers. II Is conceded that
Virgins. if he told this story, did not
tell the truth.
AT Q O'Clock court adjourned until
o'clock tomorrow morning when the
mother of the kidnapped babe, Mrs. A.
Il. Rogers, .Ir., will take the stand and
relate the narrowing story when her
babe was forcibly taken from her by
Virgins.
Virgins Is likely to be the only wit
ness for the defense as apparently he
has no friends. His story Is eagerly
awaited. 1t vas learned today thar
the penalty under the indictment to
which Rogers pleaded guilty and Wig
gins Is being tried is three to twelve
years In the penltentlary.