El Paso herald. (El Paso, Tex.) 1901-1931, 1916-02-17
MACKEY HELD A
PISTOL IN HAND
Cashier of Gem Restaurant
Says Mackey Pulled
Pistol Outside.

Donald Mackey, on trial charged with
the murder OF Scott Vance. an FL Paso
& Southwestern conductor on the eve
ming Of November "a. entered the lobby
Of the Gem restaurant with a pistol held
firmly in his two hands, according to
Miss I. r. Gum. hashier at the res
taurant, who went on the stand for
the state Thursday morning.
! Il saw the man come around the cor
ner rapidly and enter the lobby, with
the pistol held in his two hands" she
: testified He held the pistol in that
( position as he passed on rapidly
! through the door into the restaurant,
and before / could get through TO warn,
| five shots were fired in quick sue
| cessiOn-"
Admits Having SiKshOOter.
In the cross examination earlier in
the morning, Mackey admitted that ne
/ had the sixshOOter in his hand when
he entered the lobby, but put it into
his hip pocket as he entered.
The state questioned Mackey with
regard to a Mrs. Lester. He admitted
that Mrs. Mackey had accused him of
improper relations with Mrs. Lester. but
denied that there was any truth in her
statement
Mrs. F. 4 Davis was recalled. Mrs.
Davis testified that the engagement be
tween Vance and herself was broken OF
because Mr.. Vance's son objected to his
father marrying. She stated also that
Vance was not an agnostic or infidel
On the other hand. she declared he was
Christian man and was versed in the
Bible.
Day of Shooting.
When Mackey resumed the stand
Wednesday afternoon he was still un-
der direct examination and related in
some detail the events leading up to
the shooting of Vance
I worked all day the day of the
Shooting" he said, but got off a lit
tie early. it being the day before
Thanksgiving. After got to my room
I 'phoned Mrs, Mackey and asked her
If our boy could come down. She said
he would be down about G o'clock.
At this point attorney owen, counsel
for the defence. interrupted to ask:
Had Mr.. Vance ever asked you how
you would feel towards a man who
would interfere in your family?'
would HOu Xii a Mani"
'HIe asked me II 1 would kill a man
over a woman. I told him no. 1 didn't
think ] would" replied the witness.
The witness then continued. stating
that the boy joined him at the Caples
hotel about s o'clock. He asked him to
go and have supper with him, he
stated, but the boy refused saying
that his mother had told him to come
straight home. The witness stated that
he offered to walk home with him but
the boy seemed to prefer to so alone.
When they got within block Of the
apartments, he let the boy go on alone,
To Send BOY Away.
ct watched a few moments he con-
tinued, land saw him bob out and
catch a car coming down oregon street.
7 caught the same car and on the way
down the boy confessed that he was
to meet his mother down town He
then told me they were sending him
to his grandmother. ] asked him who
4 said Nn q
and mamma / asked him II he would
leave me, and he said he didn't want
to-"
The witness stated that his boy
seemed to want to get rid of him. all
the time. and finally he consented to
follow him some distance back The
boy, he said went to the Gem restau-
rant, and not finding his mother there, |
returned to the plaza. There she was |
found with Mr.. Vance and the three !
went to the Gem restaurant:
Bought Pistol for $3.50.
tinued. land saw them sit down to a
table. I stood there awhile and the |
thought came to me, 'Ihat man is
going to take my boy from me: Ana
made up my mind I would take him
away from them. I went down 70 a |
second hand store and bought pistol
for $3.50"
What made you think you would
need a gum
q knew this man had stolen my wife,
that he had threatened my life. and
that he was going to steal my boy.
Had you any intention OF shooting |
when you went into the restaurant |
Il had no intention of starting diff
ficulty with Vance. I walked in to
set my boy"
Vance Reached to Pocket.
I walked ill.," continued Msckey, |
and had taken two or three steps to-
wards Mrs. Mackey to ask her II
might take Donald out to supper. vance
looked up He was working at MS
plate. When he saw ME he rose parity
up, with one hand on the table and the
other held back towards his hip pocket
! fired once. holding the pistol in one
hand, then when he started towards
ne fired again and again, holding the
gun In both my hands"
Would you have shot Vance II ne
lad not arisan?'
Why did you kill Mr.. Vance. Mr..
Mackey?"
'KiIled Him for Breaking Up Home,
Il killed him for breaking up my
nome. stealing my wife and stealing
ny boy" II
Did you believe he had a gum"
u did. l had every reason to believe !
ne had, for he always carried one"
In the cross examination, conducted !
)y district attorney w. W. Bridgers, |
le declared that he killed Vance in self
lefence.
My pistol was in my pocket when