Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1911-05-19
COURT OVERRULES DEMURRER
ATTORNEYS SOUGHT TO QUASH
INDICTMENT, CHARGING
BURGLARY
WILL ROGERS TO TESTIFY
HE is SAID TO HAVE ASSERTED
DESIRE TO APPEAR AGAINST
AccoMPLiCE

Firmly determined to combat the
charges filed against him in the in
dictment under which he was arraign-
ed yesterday afternoon, Joseph Wig
gins, accomplice of Will Rogers in
the kidnapping of little Waldo Rogers,
today reaffirmed his plea of not gull
ty. His trial was begun this afternoon
shortly after 2 o'clock. The task of
empaneling the jury did not consume
the time that it was anticipated it
would and shortly before O'Clock
the jury panel was completed and the
twelve men who will decide the fate
of Virgins were duly sworn and took
their places in the jury box. The first
witness for the territory was Mounted
Policeman A. A. Sena.
This morning John D. w. Veeder
and Fred L.. Burgan filed demurrer |
10 the luulCluSHts WASh Sh~A SSo
breaking into the home of A. T. Rog-
ers. Jr., with the intention of threat
ening murder and assaulting Mrs. |
Rogers with pistol. Virgins it is
understood is willing to admit
his participation in the kidnapping. He
objects, however, to pleading guilty
to burglary. Messrs. Veeder and Bur
gan announced they did not care to
argue on the demurrer. At the opening
of court this afternoon the court an
nounced he would overrule the de-
murrer, stating technical reasons for
SO doing. Mr.. Veeder asked that an
exception be recorded. Mr.. Veeder
then moved that the territory be re-
ouired to state upon which of the
specific charges in the indictment it
would make it's prosecution. This
also was overruled and Mr.. Veeder
took an exception. Mr.. Veeder then
announced that Virgins was ready to
enter a formal plea of not guilty and
begin the trial.
While the jurymen were being ex'
amined Virgins sat in chair just In
side the railing. He nervously clasped
and unclasped his hands, but showed
no strong traces Of emotion or ex-
citement. He scrutinized each juror
carefully as he took his seat in the
box. following the calling of his
name.
One of the principal witnesses
against Virgins will be Will Rogers.
The young man is said to have assur-
ed the officers of his willingness to
tell the whole story on the witness
stand. Mrs. A. T. Rogers, Jr., Cap
tain Fred Fornoff, Timtohy O'Leary,
the Santa Fe detective, Apolonio a.
Sena of the mounted police force and
several others likely will be called
upon to take. the stand. The testi-
mony of Will Rogers, it is expected,
will bring forth every detail of the
kidnapping upon which he can be ques-
toned under the Indictment on which
Virgins is being tried.
Rogers is confined on the second
floor of the county Jail, where he is
visited frequently by members of the
Rogers family. His meetings with his
father and brothers are touching in
the extreme, all being in tears fre-
quently. Having maintained a superb
nerve until his return to Las Vegas,
Will Rogers appears to have succumb-
ed to his emotions and is giving them
full vent in floods of tears.
According to the law the penalty for
crimes such as are charged against
Virgins and Rogers is Imprisonment
in the penitentiary for from three to
twelve years.
1t is the general impression at the
court house that sentence will not be
passed upon Rogers until after the