Show Murder Trial Enters 3rd Day In Monticello Court Session The trial of James W W. Rogers 47 Moab on a charge of first degree de de' degree degree gree murder entered Its third day today at the San Juan county courthouse In n Monticello with the defense Introducing testimony to substantiate a dual plea of not guilty and not guilty by reas reason n of insanity The trial began Tuesday before Seventh Judicial District Judge the honorable Fred W W. Keller The entire first day was used in a jury of twelve men I and one woman Little difficulty was encountered In selecting the trial jury from Ironi a list of 35 jurors chosen from court lists The prosecution headed by District Attorney Boyd nell Bunnell Wednesday presented eight witnesses wit witnesses nesses three of whom testified that they were present at the Continental Materials R Rat Rattle Rattlesnake a t t tie I e snake mine June 19 19 1957 and saw the defendant fire the 38 calibre automatic that fatally wounded WOUl Charles of Moab The weapon was entered as evidence Wednesday after testImony testImony testImony test test- by San Juan Deputy Ray McCallister that he had received the gun as one taken from Rog Rogers Rogers Rog Rogers ers following his apprehension in Cortez Colorado following the shooting McCallister related a statement by Rogers that the gun was the same weapon used in jn inthe the shooting Testifying Wednesday were Dr Paul Mayberry Moab surgeon who performed the autopsy Deputy Deputy Deputy Dep Dep- uty Chaun Chauncey ey Black Blanding chief investigator at the scene of the shooting Don Robinson Moab photographer on photographs photograph taken at the scene Dee Gardner Moab eyewitness Ben Goodnight Goodnight Good Good- Goodnight night Moab eyewitness Dennis Ingram Moab eyewitness and the person working with Rogers immediately prior to the shooting Harold Pickens Moab who saw Rogers take the gun from his personal truck at the company offices on that day and Deputy McAllister Monticello the offic er who ho returned R Rogers gers from Colorado and took his statements on the incident The prosecution is contending that Rogers was sane at the time he fired six shots into Merrifield as the latter stood in the doorway door door- doorway doorway way of a power shovel he was operating in the base of the open pit mine The charge of first degree degree degree de de- gree murder carries a maximum penalty of the death death- sentence unless the jury recommends life imprisonment Three eyewitnesses testified on the actual shooting Dennis Ingram Ingram In In- gram Moab told the court about working with Rogers just prior to the shooting when he and Rogers Rogers Rogers Rog Rog- ers were loading shot holes in the pit Ingram said that Rogers left lef I him for a moment then thea returnee returned and asked If Ingram Ingrain had heard I what Merrifield then working In the opposite side of the pit had said about him Rogers Rogers said Merrifield had made reference to the two men sitting In the shade He said according to Ingram Im Fm going to have to kill that so and so Rogers said Ingram said he was going to get my gun and left the pit The testimony continued that Rogers returned to the pit In the company pickup and walked to the area of the shovel with the gun in his belt helt After waiting for the shovel to complete loading a dumpster Ingram continued and lighting a cigarette Rogers fired once into the ground and motioned for Merrifield to step down The witness said that Merrifield looked around d set the brakes on the shovel throttled down and stood up raising the seat In the cab Rogers said the witness then crouched and fired While he te watched Ingram Ingrain said saidi that Merrifield clutched his chest chestand chestand chestand and fell Essentially Ingrams Ingram's testimony was the same as that given by Dee Gardner and Thomas Thompson Thomp Thomp- son who watched the shooting from other vantage points within within with with- in the pit Cross examination indicated indicated in in- that Merrifield had bad made derogatory remarks about boss Jim and had tad on occasion Indicated indicated Indi indi- a dislike for Rogers The defense established from testimony testimony test test- mony that fellow workers regarded regard regard- ed ad Rogers as having a high tem temper per Aside from the actual events surrounding the shooting very little was testified regarding any motive for the shooting Cross examination established that Bogers Rogers Rogers Rog Bog ers had argued with several workers during the time he ho was wasl employed at the mine and that I he was the subject of some ribbing ribbing ribbing rib rib- bing with and without his knowledge know know- ledge lodge Attorneys expect the case to togo togo togo go to the jury by Friday if progress pro pro- grass gress continues at the rate it has been during the first two days The defense d which is being conducted conducted con con- ducted by court appointed A. A Reed Reynolds and Robert H. H of Moab did not Introduce Intro Intro- Introduce Introduce duce any witnesses Wednesday I but expected to do so today Rogers Roger's Rog Rogers Rogers ers er's statement concerning the shooting as related by Deputy y McCallister Indicated that self self- defense will be a portion of 01 the defense Rogers maintains that Merrifield Merrl thrust a wrench at him while he stood by the power shovel Psychiatric examination of the defendant should be revealed today to today today day if the trial progressed as expected Medical testimony and the testimony of San Juan Sher Sher- SherIff Sherif if trI Iff Seth Wright Is also expected The widow of Charles Merrifield will wilt be present for the remainder of the trial according to District Attorney Bunnell Aside from the trial some background on the defendant has been brought to light Although it has not been revealed by testimony testimony test test- testImony the defendant James Rog Rog- rs is finding the courts nothing ne new Rogers ha has a background of convictions and arrests dating back to before 1926 when he spent eleven months in the Booneville Missouri State Re Re- Reformatory A year after his re release release re-I re re- re lease he was back in confinement for the same offense first degree i robbery For the robbery he was sentenced to 25 years In the Missouri Mis Mis' Miss Missour s sour uri State Penitentiary He lie served served served ed twelve and one half years being be beIng being ing released In 1941 In May of 1912 1942 he shot a man in a Kansas City Missouri cafe during a dis dis' disturbance Rogers fled In panic although the shooting was apparently apparently apparently ap ap- ap- ap In self For the shooting he was sentenced to six months in the county jail In In 1916 1946 San Diego California police arrested Rogers for carryIng carrying carry carry- I ing a concealed weapon and for first degree robbery He lie was sentenced sentenced sentenced sen sen- to San Quentin prison for five years to life being paroled par par- paroled paroled oled In August of 1950 From that time until the present charge he has no record of or conviction I |