Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-05-17
ENGINEER BEING
PROSECUTED ON
SERIOUS CHARGE
Defendant Said to Have Struck
Fireman With Intent to KILL
Self defense Is Plea of De-
Tense.


10y hoH|ihS JOURNAL SPECIAL LtbstD WlRtl
East Las Vegas. Y. NJ, May lG.--
The first case called for trial at the
opening OF the May term Of the dis
trict court for San Miguel county
Monday was that Of Joseph r. CleY-
enger, charged with assault upon with
intent TO kill Frank Jones. Clevenger
Is a Santa Fe engineer and Jones is
a fireman. The two met in the round
house here several months ago, and
Clevenger, ii is said struck Jones
over the head with a heavy pickhan-
die rendering his unconscious. For
a time the fireman's life was despair
ed Of, but he recovered following an
operation Clevenger claimed self
defense from the time of his arrest.
He took the stand in his own behalf
and testified that Jones had used vile
language in addressing him and had
twtted him about family matters. He
said Jones reached for his pocket,
and, fearing he was about to be at
tackled with a pistol, he struck the
fireman over the head with pick
handle which he had picked up out
eide the office.
Say Loud Talk Was Heard.
]. II. Noyes. clerk at the round
1
and O. L. Evans, fireman. testified
that they heard the men talking in
4 loud tone of voice. Jones apparent
ly reproaching Cleyenger for having
him dismissed from the Santa Fe's
employ. Jones was declared also to
have told Clevenger that he was re-
sponsible for the tragedy in the Clev-
enger home in which Mrs. Clevenger
shot and killed her two children and
then attempted suicide, later succeed
cd in taking her own life while a pa
tient at the state hospital for the in
sane. The testimony tended To show
that Jones language was of "A nature
to arouse the temper of even the best
natured of men. on the other hand,
no evidence was introduced TO show
that Jones was armed or that he made
the slightest effort to attack eleven
ger
Charles A. spiess is attorney for
Clevenger, while the state Is repre-
scented in the prosecution by District
Attorney Charles w. G.. Ward. lndi-
cations were that the case would be
prolonged into the second day of the
term.
other Cases,
other cases set are
state against Clemente Lucero, lar
ceny of cattle: state against John II
Janzen, fence cutting; state against
Juan Buian, seduction; state against
Eduardo Ribera, ct al, assault with
q deadly weapon
Following are the names of the
grand aud petit jury yenires:
Grand Jury.
Juan c. Baca. foreman; Emiterio
Sanchez, Antonio Gallegos Jose Do
lores Vigil. Elias l-ucero, Guillermo
ortiz. Juan Herrera, p. f. Nolan Sa-
hino Barcla, Desiderio Gonzales, Bril-
sido Gallegos. Pedro Griego, Gus
Lehman. Bcnito T. Iaca, Abran
Suazo, Enrique Perea, Rosario Alley
Ia. Apolonio Padilla. Juan de Jesus
Duran, Juan Jose Maestas, Jr, Rob
ert J. Taupert
Petit Jury.
Jose a Gallegos, Pablo Armijo, An
astacio Manzanares, Pedro Ortiz, Jose
Y. Lopez, Luciano Martinez, Pablo
Duran. Baymuldo Angel, Apolonio
Archuleta, Candida Padilla. Gabriel
Montoya, Pablo Lucero. Tomas Jara-
milo. Slpio Salas. Gumecindo ORTIZ y
ortiz, Felix Garcia, +. A. Macs, Man
uel Montana, Pedro Duran, Guada-
lupe ortiz. Pelagio Gallegos, Pablo
Samora, Telesfor Archuleta, Hipolito
Palermino