Albuquerque morning journal., 1922-12-29

ElllGl Patterson DTUhe uOWn ana
wept after the verdict was rem
dered. She had been brave
Throughout the case. Once she
had broken down momentarily in
describing certain alleged condi-
tlons. But otherwise she had been
quite braVe--not faltering even
under the severe grilling of Fran
els E. Wood, attorney for the de-
tense, though that grilling lasted
Two hours and 20 minutes.
Girl Breaks Down
But after Judge Holloman mad
made his statement to the jury, in
which he stated that parts of her
testimony had been dlsproved and
that he was satisfied in his own
mind that some one other than
Captain Guest was responsible for
her condition, and then ordered the
signing of the verdict OF not guilty,
the girl broke down.
AS Judge Holloman ordered the
Jury dismissed the girl rose from her
seat and passed into the adjoining
broom, with head bowed and weep
Hing bitterly. Inside the room she
stood behind the door weeping and
sobbing as though completely
broken In spirit.
Conrad Gallegos, the boy proved
lin the case to be her sweetheart.
.tried to assist her from the court
blouse. Others Offered to lend her
a helping hand but she thrust all
.away and, still weeping passed
hrom the building. Sobs wracked
sher and her action was that of a
girl whose spirit has been COM
'pletely broken and has just passed
from childhood to womanhood.
Judges Statement
In his statement to the jury,
Judge Holloman said in part:
"The defense moved that the
case be closed at the end of the
states case and that an instructed
verdict be rendered. / did not act
on that motion then but intend to
do so now. l did not act then be-
cause ] thought IL proper that the
testimony of the defense be sub
mitted. am now going to rule
on that motion.
"Tllere are certain rules re-
quired by law in all criminal cases.
One of these is that the defendant
shall always be considered inno-
cent until his guilt is established
beyond a reasonable doubt.
Another rule is that if any of
the testimony offered by material
witness is proven false; all Of the
testimony of that witness may be
disregarded unless corroborated by
other evidence.
1.-THE law also requires that in a |
case OF this nature there must be !
corroborating evidence offered by |
the state. This ruling has been |
made by our own supreme court, |
IN the case of the state against .tr- |
milo; case very similar TO this |
one.
What Are the Facts?
"Now what are the facts? In |
the first place the prosecuting wit |
ness ascertaired her condition and !
knew she must blame someone. |
She has admitted on the stand that |
admits that she loves this boy Con- !
rad and knew that her father |
would be very angry IL he knew |
Conrad was responsible and would |
probably do something to make
serious trouble for himself as well |
as to injure the boy.
"Then there were certain state
nlents made by the principal wit
ness for the prosecution which
were so far beyond reason rs to
east doubt on all of her testimony
For instance. she said 1t was so
dark at o'clock in the evening in
Roswell, in a room lighted with
windows on all sides, and this in
the month ofeJuly or August, that
II was necessary to have electric
light in the room
"Then we have the relations OF
the girl and the boy Conrad. Their
relations were as close as those of
husband and wife. So close that
they would discuss intimate sub
iects; would even discuss the book
when has been so much in discus
sion.
Testimony of Four Boys
1--WE have the testimony of -four
boys, at an age when they could
hardly falsify if they wanted to.
And these boys had no motive to
tell anything else than the truth.
"Taking the testimony OF the
state itself, The testimony not only