El Paso herald. (El Paso, Tex.) 1901-1931, 1915-11-30
SWEARSM ACKEY
KILLED s. VANCE
Mrs. Mackey Testifies to
Shooting of Conductor
in Gem Restaurant.

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Donald Mackay, her divorced husband,
charged with the murder of Scott
Vance. q Southwestern conductor. in
the Gem restaurant on the evening of
November p, was on the stand all
Tuesday morning in justice J. NJ
beavers court. Most Of this time she
was under cross examination by at
torney NJ W. Stanton, counsel for the
defence
on the direct examination she told
OF having been married to Donald
Mackay IS years ago in Kentucky. and
or having secured a divorce from him
on October l. of the present year. She
met Scott Vance Is years ago in De-
catur. Ill. she said.
Tells Of Shooting.
w sat at the first table on the left
side at the Gem she testified. which
is almost at the mont door. We had
Just been served, when / saw Mr.
MacSay pass the door going west
About 30 seconds later he returned
and entered. He had q pistol held
i'm both hands. He aimed at air. Vance
and fired five times Neither he or
MIR. Vance said anythiuG. and Air.
Vance did nothing while being shot
As the last shot was fired he got up.
Vance Lived With Them.
Under cross examination she told Of
the various places she and her husband
had lived, ana OF meeting Vance at
Decatur, ILL., Later Mrs. Vance had
died. sch stated and Vance. ut the
invitation OF her husband. came to
their home TO make arrangements for
rooms They rented a house at 70@
wyoming street, she stated. One
morning. she stated. her husband left
her.
was sir. Vance there at the time2@
was asked.
He came in about . a. m, and my
husband left between that hour and D."
when did you begin corresponding
with Mr- Nance2'
Il don't know that I ever did" wit
ness replied
Wrote to Vance.
Later h admitted that she had be-
gun writing to him aboLN two weeks
before the tragedy. Attorney stanton
written q letter on November % to
Mr. Vance. The state objected, but
permitted counsel for the defence TO
show the letter TO the witness.
Is this your handwriting
1T is
~Did Scott Vance pay your bnlsee"
II did not
Letter starts sweetheart
81 offer in evidence a letter dated
November -, which starts with sweet
heart, and is signed 'Cr.'." said Stan
ton. Gritty you are called, are yog
not turning TO the witness.
1 am known by my people as Gritty
when Nj. Vance was living at the
Boulevard house, did he threaten the
NE OF Mr. Mackay she was asked
Didn't he make any threats to whip
or words TO that effectT'
He made no threats"
Able to Protect Self.
Didn't he IA he would protect
your"
= am able to protect myself"
The defendant. smoking a cigar, lis
mtently while his divorced wife
testified. and frequently whispered to Z
his counsel Mrs. Mackay APPEARED
calm, but frequently during the cross
examination, replied spiritedly to Mr.. !
Stanton's questions
Four Witnesses
The case was taken up before justice /
beaver at 2:30 Monday afternoon, and
witnesses for the state were eX-
AHMED Fred lash, a witness to the 4
shooting was the first man placed on 2
stand He testified that he was in
the restaurant sitting at the third table
from the door. He was waiting for his
meal TO be served when he saw a man Z
step through the doorway and begin
at Vance, who sat at the first 1
table from the door with a woman and
q little boy
Vance didn't DC anything that I
could see" he testified. Il didn't see
he had anything in his hand
or not he did not get out Of his seat
until the last shot was fired. At that
lime he got to his feet and looked like
le was going after the man. Then he
Mackay who fired the shot. I couldn't
IDENTIFY him"
No Word poker.
The witness stated that no word was
'Ho'--~ curing the tragedy. After the
shooting, he stated. he went outside.
% the police station.
-e-s- oJAu .clrOsniak, Of mpa
Infrntry. testified that while
'omlng down stanton street he was at
racted by five shots He ran over to
Cem restaurant. on san Antonio
street, and as he did so saw a man
out Of the front door. He had a
PISTOL in his hand, witness stated. and
here was a woman in front of him.
capt Greet ran up" the witness
7""@- "an7 asked the man, What
lid you dO@ The man replied, L killed
b A " words to that effect"
Is h a the manT asked the county
-ttorney. indicating the defendant.
i think he is. witness replied.
Saw Maekay With Gun.
The witness then told about going
nto the restaurant, where he saw q
nan with his head partly lying under
ne first table. Under instructions
rom Capt Greet, he got an automobile
took the woman to the police sta
lis pocket.
Capt W. D. Greet. of the police de-
artment testified that he was return
lg 10 the police station when he heard