The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-12-11

The defense brought out that while
Harrington had been accused OF be-
ing an accessory after the facts. no
facts had been established. and no
crime proven. They argued that It
was still matter OF opinion as tn
whether Eugene kempenich com
mltted suicide or WAS murdered.
\ dramatic moment in yesterdays =
hearing came whom Sheriff Tondre
produced IN court as cvidcncH. A
piece OF roofing cut from the roof
Of tho Kemponich store-home at
Peralta. showing plainly several foot
prints. probably made by COWBOYS
boots.
In explanation MIR. Williams, the
detective. stated that on the morn'as
of October 10 when he began his
investigation Of the case, he had
found those footprints on the rtnf.
n was evident from tho nature e AZ"
prints that II had rained "a hurt
while hcfurc the person who made
those prints had been on the roof
Ho then stated that his invcsuKn- i
lions hnd shown that the only night
on which Il had rained In the few
DAYS before his investigation when
the footprints must have been made
was the night ~ October 8. II" then
showed the court what be ma read
in the footprints, He said thut th'y
were far apart. and that tie man
who made them had been Walking
stealthily so as not TO he h'nrl
The man who made them, he stat
ed. had climbed y ladder to the roof
of the adobe annex ~ the main part
Of the building. and on stepping on
tho damp adobe roof some OF tho
adobe had ching to his boots. lie
ihcu said that the mans tracks
showed that he had crossed the roof
to tho part directly over the window
Of the sleeping room In which the
body Of Kempenich was found. Tho
man, according To Williams, stood
over the window in such position
that he could watch the light In the
room below for some time. Then
he must have gone down stairs which
/ led from the roof Ia the placim OF
/ the house. according to Williams
This evidence was thought weighty
enough by the defense. to smash any
| theory of suicide No definite evi-
dence was brought however. to show
/ that q murder had becn committed.
| ono by one the thirteen witnesses
~ the prosecution took tho stand.
| For while the case ~ the proseru-
| ton lnoked strong. hut Il suddenly
| Hceutod "a break down. NJ later wit
! ncsscs testified There was hope
| less taugle of conflicting evidence on
| every point at issue
Mangum. Garter and shuhcrt each
! took the stand for only u few mo-
mcnts Bon Williams was ~ the wit
moss chair for two hours telling IN
detail the whole trend uf his inves-
/ tigntiun uf the affair Ito was forced
to admit, however. that most Of his
! testimony was hear say and there
fore Of no great value.
sheriff Tondrc Jared ill In the wit.
ness stand lie was forced to admit
| that he had arrested Harrington
| probably IN another county. ant
without warrant. The defense gave
him a miserable half hour
Justice Opens Case.
The defense opened the case will
motion to have the ease dismissed
at once. This motion was nVcrrules
and q number af other motions mad'
soon after by the defense were alEs
overruled. Finally tho Justice an
nounoed that the lid was OF and tina
both sides would have the wides
possible range In searching out th'
facts
J. O. Espinosa, who was associated
with Felix BaCa In the defense sum
med up their view Of the case In hi
rebuttal on the final motion to dis
miss the case.
The prosecuting attorney has sai'
that there N something funny ahpu
this case" ne said II seems to M
also that there iE something funn!
about A. II seems funny 10 mo tina
this man should be brought here Of
the charge OF being an accessory aft
| er the fact merely because his Ftor
| los disagreed, and that those who mr.
Continued on page se'onl