El Paso herald. (El Paso, Tex.) 1901-1931, 1916-05-18
MACKEY TELLS 0F.
VANCE KILLING
Gives Five Reasons Whv
He Shot the Conductor.
Arguments are Begun.


ened my life. because he broke IN INV
home and stole my wife from me. bo-
cause he took my boy away from mo
because 1 thought my life was in
danger"
| In this way Donald Mackey, charged
j with the murder Of Scott Vance. an
! Ell Paso & Southwestern conductor. i'm
the Gem restaurant on November "a
| 1915. summed up his reasons for the
crime in the cross examination In the
saith district court Wednesday after
Z noon.
, you had quite number OF reasons.
then. for killing him, didn't you, MIR.
Mackey?" commented district attorney
W. W. Bridgers. land yet you say you
did not go to the restaurant to kill
Vance"
Bought Pistol For Defence.
Nlackey. when ne resumed the stand
Wednesday afternoon. took up the
story where he had left off at the noon
hour. and told of seeing Vance, Mrs
Mackey and his son go into the restau-
rant Then he went down on South
Ell PasO street, he stated. and bought
a pistol and five cartridges. Il bought
that pistol to defend myself" he said.
After buying the pistol, he said. he
walked back to the restaurant. Just
as l was entering he said, L changed
the pistol from my coat pocket to my
hip pocket. As 1 entered Vance saw
me. and got part the way up out of his
seat. putting his hand behind him.
thought he was going to shoot and 1
fired
"Where have you been since the
shooting asked Charles owen, attOr-
ney for the defence.
i've been guest at the county Jail" /
Did Not Contest Divorce.
In the cross examination he stated /
that his wife had secured a divorce !
from him on october Il, 1915. He did |
not contest the case he admitted. He /
admitted that his wife had had him /
arrested on one occasion and that he /
secured his release by agreeing to leave ]
town. He went to Elephant Butte and !
worked there for two months, he said. I
why did you come back
We'll, for one reason, / wanted to. |
the other reason. 1 left because a
bottle Of whskey was found on me. !
quit before 1 was fired"
Mackey declared that ne could re-
member no occasion when he had
threatened Nance's life
Always His Wife. Witness Declares.
Mr. Bridgers reminded the witness
that Mrs. Mackey was not his wife when
he shot Vance.
she will be my wife. in my estima- ]
tion, as long as I live" he replied.
At the conclusion or Mackey's tesu-
mOny the defence rested. The state
then put Mrs. Mackey on the stand in
Denies She Was Unfaithful.
On the direct examination she de-
MED that she had ever gone to a sa-
loon with Vance, that she had ever
had any improper relations with him.
In telling the story Of the shooting,
she denied that she had kissed Vance
as she picked up his head. Vance was
cutting some meat when Mackey came
herself did not see her former hus-
band until after he had entered the
door. A few moments before she said,
she saw him pass the window
The immediate cause Of the last sep
lration was a disagreement over the
city campaign. she testified. Her hus-
band came home, she said, after his
vote had been challenged and he ac-
used her Of being the cause He told
me-" she said. never to speak to him
igain-'
says Mackey Left House.
Speaking Of the occurrence in the
" yoming street house, she said that (
Vance, who was rOoming at the house, I
anne home about Il. m. from his run I
When he came in" she continued, Il
y
lie replied, "Oh. well, he will come" I ,
lie passed on into his room. 1 went
ntO Mr.. Mackey's room to get some /
old cream for my hands. and when !
reached out to the bureau 1 touched |
ny husbands hand. He accused me Of
relations. 1 went on out to
he sleeping porch. and he followed !
ne, still accusing me. I told him if
e did not stop I would call Mr.. Vance. !
lie said not to do that, that he would
L. NHrarm
IT. Vance. Mr.. Vance told him that ,
here was nothing wrong, and Mr..
Iackey apOlogized. Later Mr. Mackey T
eft the house, carrying his trunk on
is back.
Says Vance Guaranteed Grocery Bill.
On the cross examination by Frank
udkins she stated that she was dressed g
n a nightgown with a kimono over it
he night Vance came home q
Why did Mr.. Mackey leave you that :
iorning?"
He left. 7 suppose, because he
bought 1 was going to leave him.
She stated that after Mackey left
ance stated that he would stand good
Or the grocery bill until she could I u
ct some money from home.
She admitted that she had written T
NO or three notes to Vance after the
ivorce was granted. Z
You have stayed here since the
'agedy to testify against your former I {
usband, haven't you?"
Il have stayed here to clear my own c
anne" the witness replied with t
brit
Was Receiving Dental Treatment.
Earlier in the afternoon. Mrs. J. W.
ance, who lived next door to the
ackeys in Government Hill. testified @
lat Mrs. Mackey left the house every v
Orning about s o'clock and did not
surn until or 4 o'clock in the after V
BON. When Mrs. Mackey went on the
and she testified that she was re- e
living treatment from a dentist. In Fl
Discrimination Of this testimony the
ate introduced the testimony Of Dr. 81
A. Blair given at the first trial, in -
hich he stated that he had treated
RS. Mackey daily for some time.
With the conclusion Of this test
ony the state rested. The charge
as given to the jury Thursday morn I,
g and arguments started