Albuquerque morning journal., 1922-12-28
TRIAL Of GUEST
BEGINS HERE IN
DISTRICT COURT
Is Accused of AsSaulting a
15- Year. Old Girl; De-
fenSe Gains an Important
Break, Is Belief

It was generally considered
ebout the courthouse yesterday
that the defense had gained It's
first important break in the case
OF the state versus Richard
Guest. The break came just be-
fore the close of the session for
the day, when Judge Reed Hollo-
man, Judge of the First judicial
court, who is presiding in the
case, decided that the testimony
of Charles Murphy, be taken at
his bedside in the hospital. Muir
ply has been called as witness for
The defense. Guest is being tried
on a charge of having committed
serious crime against Ethel
Patterson, a 15-year-old girl.
Francis j.. Wood, chief attorney
for the defense, informed the
court that Murphy is one of the
most important witnesses for the
defense. He said that the wit
ness is confined TO st. Joseph's
sanatorium, suffering with tuber-
culosis, and that it would serious
ly affect his condition to be
moved. He asked that the court,
the district attorney and the de-
fense visit the hospital and take
the testimony and submit 1t to
the jury later.
Garcia objects
Ernest b. Garcia, district at
torney, objected on the grounds
that II would be unfair to the
state. He said he had no wish
TO affect the mans condition but
would prefer to have the witness
brought before the court so that
he might be cross examined be-
fore the jury if it were possible.
Judge Holloman ruled that
there are provisions to cover such
case. He decided that he, the
district attorney, the defense at
torney, the accused and the prin-
Cipal witness for the state, Ethel
Patterson, would so to st. Jo-
seph's sanatorium, at 8 O'Clock
last night. The testimony was
taken by Claude Hutto, court re-
porter, and will be submitted TO
the jury some time today.
Jury Is Selected
It required the entire morning
yesterday to select the jury in the
case. Alvin Blank, mechanic for
the Quickel Auto company, was
the final juror accepted. He was
the thirty-first Juror examined.
The other jurors selected are:
J.. A. Nohl. Santa Fe conductor:
c. II. Hayden, manager of the
Guarantee Clothing company; c.
Il. Miller, restaurant proprietor;
j.. w, Hamm, Of the Continenal
oil company; Luiz Candaleria.
mechanic at the Santa Fe shops;
w. l.. Hawkins, of the Hawkins
Grocery company; George p.
Learnard, music dealer; Fred
Garfield, insurance and real
estate agent; w. L. Morrow, Jr.,
proprietor of the Morrow Auto
company; II. Schweizer, manager
of the Harvey news and curio
stand; f. G. Read, insurance and
real estate agent.
Judge Holloman queried the
attorneys for the state and the de-
fense before opening the after
noon session, as to whether or
not they thought 1t would be
necessary to hold night session.
Both sides stated they believed
the case could be concluded by
this afternoon without a night
session. Judge Holloman then
ruled that the night session would
be dispensed with for last night
at least.
Witnesses Excluded
Before the afternoon session
was opened the court asked the
attorneys il they wished 20 have
the witness rule AZ Died. Both
Gtq .,vs-
We're ordered removed TO a room
where they could not overhear the
proceedings.
( The testimony and cross eXaml-I
nation of Ethel Patterson, the 15-
year old girl whom Guest is ac-I
.cused of assaulting and the prin-
cipal witness for the state. occu-
pied the court for exactly three
and one-half hours yesterday af-
ternoon. She took the stand att
1880 and, except for short recess,
did not leave it until o'clock. Attor-
ney Wood alone devoted more than
two hours and 20 minutes toI
cross examination.
Tcrse in Her Replies
Much Of the girls testimony was
simply repetition of her testimony
offered at the preliminary hearing,
held before George Roddy, Decem-
ber Is. For the most part she
was very terse in her replies toI
questions, excepting when she ap-
Oeared TO resent questions or the
manner in which they were asked.
She broke down only once dur
ing the hearing. That was when
she described an episode she de-
clared occurred when she accom-
panied Guest in an automobile. III