Arizona republican., 1919-05-07
NEWMAN TAXES TIE STAND IN HIS OWN
 DEFENSE AT TRIAL

uary 5V, when, ne testified, he killed Hoctor in self defense.
 Newman's account of the tragedy varied only slightly from the testimony offered by the state. Under a cross examination which lasted for many long hours, he kept his calm and never altered the testimony given under di- rect examination.
 Newman stated that he shot Hoctor only after he had fired upon him and as he thought was about to fire a second time.
 Did you make search for Hooters gun after you shot him ?' asked County Attorney l.. M. Lahey.
 No replied the witness. My only thought was to get Hector to Glendale where he could receive medical atten- tion.p
 You recall that you made a state- ment to Ed. White that you looked for the gum" from the state.
 T never told any living soul I looked for the gun, gentlemen" said Newman turning toward the jury. His voice rose as he repeated his denial, q never looked for the gun. I felt no resent ment in my heart against Frank Hoe tor, gentlemen, I did not The county attempted to examine the witness on a statement made to him by Newman at Glendale imme- diately following the killing, to which objection was offered by the defense counsel unless they were presented with a copy of the statement.
 There were lengthy arguments, the county attorney declaring it would de- feat the purpose of cross examination if he were compelled to give the copy to opposing counsel. The court an nounced that during the recess the authorities might be looked into and 1 this was agreeable to the state, Laney l saying it was his desire to be fair. 1 George J. Stoneman declared that Laney's statement that he desired to l be fair compelled him to state to the court that he had made 8 strenuous effort at the preliminary hearing and i afterward to obtain the statement which he asked 10 view at the present i time.
 When the court ruled for the defense, 1 baney asked that the record show that l when he proceeded to ask certain uues f uons predicated upon a statement made him by the defendant and taken down by the stenographer. counsel ob- Jeeted unless the county attorney first show counsel a copy.
 After waiting the statement with keen expectation, the court room was surprised at the lack of sensational de- Velopments, Newman's original state ment being almost identical with that which he made on the stand.
 In response 10 questions, Newman said that he would be s years of age on his next birthday and had lived ir Arizona for d period of fl years, during which time he had been engaged in the cattle and sheep business. Tor the last quarter of century he said he had been in the sheep business passing his i summers in the north and his winters I in this county.
 started for my sheep camp at Hoi Springs Junction on the morning ot January 30, without any expectation of meeting Hector, whom l met five miles this side of Nada, driving in a truck
 Newman raised his voice slightly as looking at the jury he said, MT. Hoe tor fired point blank at me as we were passing. He fired at me with a re- VolVer, passing at my right"
 What did you do after Hoctor fireC at you,' asked MT. Stoneman. i I got out of my car and reached fol my gun. l saw Hoctor go down the road with his arm extended through the curtain and l fired. He withdrew his arm and l waited and saw him get on the running board. Ther J fired again. He fired at me once and 1 thought he would fire again.' How many shots did you fifc?"
 My opinion was that l fired two shots, but from the testimony I have heard ] must have fired more" How does it happen you could be mistaken in the number of s1ots fired % Newman said he believed the excite ment was responsible. He said that after the firing Hoctor walked a few paces and then laid down.
 Did you fire any shots after he laid down"
 Absolutely not" said the defense Newman testified that he looked about for someone to help him care for Hoctor and in the distance saw an ob- Ject which proved to be a Mexican 1 wood hauler, with whom he made ar engagements to lend the necessary aid When he started to start back he found the front wheels Of his car in derest holes and before he could start, had to borrow q shovel from the Mexican and dig himself out When he arrived at the scene of the shooting, Newman said he noticed a man and woman ap- preaching from the south and waved to them to stop.
 He described the man as medium ir height and weight and the woman as Delng heavy-set and blond. He said he had since made an extensive, though useless, search for the couple This same man helped Newman in placine Hector in the car in which he was taken to Glendale
 After l left the scene of the trouble met four men in a small car at tho arroyo. A little farther on I met Franl Wallace and near Peoria I met Abnel England, said Newman as he re. counted the many he passed on the road
 He testified as to returnine to in, scene later with Sheriff Montgomery constable Rudd and Ed White.
 He was asked concerning a camping outilt he met that day and described Tn detail the outfit which was headed by a woman, Ella Lockerby. who i, to appear as witness for the defense
 The business relationship of Johr c. Nerkamp and Frank Hoctor wa, touched upon by the defense. Newman said that Nerkamp and Hoctor haf been business partners until December 1917, when the dissolution matter wa, taken into the courts.
 Had you any interest in the dis. solution?'
 T represented Verkamp in the di Vlslon of sheep" said the witness.
 Did Hoctor and Verkamp dissolve the partnership amicably or other wiser was the query.
 otherwise"
 At any time under any condition. mas anyone ever communicated to yo, that Hector threatened you in an, ways"
 No said Newman.