Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-12-11
HARRINGTON HELD AS
ACCESSORY IN DEATH
or EUGENE KEMPENlCH
Continued from Page one)

reasons that no evidence connecting
the defendant with any crime had
| been Produced; because 1t has not
been proved or shown to the court
that crime had been committed
and because no principal had been
produced with or to whom Har-
rington could be an accessory.
The motion was argued by both
sides, j. c. Espanosa closing the
argument for the defense. 1t was
then that the court Issued It's order
binding Harrington over to the
grand jury and fixing his bond.
After the pandemonium had slight
ly subsidized, the justice over-ruled
the motion. In expressing his sur
prise at the courts action, Felix
Baca stated that the defense had
several witnesses in court ready to
produce, but that the court order
having been declared. the defense
would rest and furnish the bond.
Harrington's Arrest.
Several weeks following the find
ing of the body OF Eugene Kem-
penich on the floor of bed room
at his Peralta home with a bullet
wound through the chest, Lucy
Harrington was arrested In the
mountains by Valencia County
Sheriff J. F. Tondre without a war
rant and taken to the Los Lunas
iail. The next day a warrant was
issued charging him with being an
a accessory after the fact In regard
to the death.
A motion made at the start OF the
trial by Felix Baca asking that the
case be dismissed on the grounds
that the complaint did not consul
tute an offense against the state
laws as no crime or. prlnclpai was
proved, was over-ruled.
The connection which the state
was trying to prove between Har-
rjngton and the Kempenich deatn
became partly apparent when the
first witness, Mrs. Jenny kem-
penich, mother of Eugene KEN
penich, took the stand.
Harrington Offers AID.
She testified that a few days az
ter the death, Lucy Harrington
had come to her home at Peralta
and told her that he knew the men
who had killed her son.
"He said he knew who had killed
Eugene and would tell II l Would
pay for the information, Mrs
Kempenich testified. II told him
would pay for such Information
but wanted to consult some
friends" she added. A meeting
was then arranged at the KEN
penich home at which several
friends, including Sheriff Tondre
took part. Mrs. Kempenich's mem
orv. she stated, was poor and she
did not testify as to what was said
at the meeting.
duplicates Two Men.
Sheriff Tondre stated that Har-
rington had asked If there was anv
reward offered for information and
that upon berg assured that he
would be reimbursed for any al
rect Information, Harrington stat
IL t.fat John Shubert and William
Mangum had killed Eugene KEN
penich.
According to the sheriff's testi-
mony, Harrington connected Shu-
bert with the crime by relating
story of an event which took place
some time ago when Mangum and
We're passing the Kempen-
ich store
"Mangum wanted to 60 into the
store" the sheriff stated Harring-
ton said, "but Shubert didn't want
to. Il owe Kempenich a bill and
he thinks I am dead. Shubert. is
quoted as saying. Let him think
I'm dead. I'd kill him rather than
pay the BILL
When asked why he did not ar
rest Mangum and Shubert, the
sheriff stated that sufficient de-
had not taken place
to warrant such an arrest, He ad
mitted that he arrested Harrington
a warrant.
IT arrested him because I be-
ieved he was Withholding impor-
ant testimony" the sheriff stated,
because 1 believed he told that |
story to shield Jack Carter and be-
cause his story of where he was
and other stories did not connect
WE'LL"
Jack Garter. who lives at He'll
Canyon, denied that he had stated