Arizona republican., 1919-05-08
THEIR THEORY OF HOCTOR
 KILLING IN COURT


 Demonstrating the theory of self de- fense. counsel for J. D. Newman on trial before Judge Stanford for the murder of Frank Hector yesterday ll- lustrated the manner in which they contend Hector was shot.
 With Francis Crabel of Flagstaff, one of the defense counsel, occupying the seat of truck topped with the original Hector top, his arm drawn through the aperture in the back, Dr. Win Wylie. expert witness, indicated on Crabel the entrance and exit of the bullets.
 The truck seat was placed on the table and the demonstration was in view of the entire court room. AS Dr, Wylie marked the place where the oul- let entered the rear of the left shoulder the jury-filed by that it might more readily see the position counsel con tended was Hoctor's as the first shot was fired by Newman Crable sat with his left arm extended as if grasp ing the steering wheel while his right was drawn through the rear aperture 1 of the curtain. The body. according to Dr. Wylie, was swung at right angles.
 ''Is that your theory?" asked the county attorney of the witness as he gave a decided reply to the query put | by counsel
 T have no theory, I am answering | questions" was the ready retort
 Dr. Wylie declared that from experi- ments he had made. it was entirely | possible for a man sitting in the posi- | ton held by Crabei to receive the wound he pointed out It has been con- | tended by counsel for Newman from the first that Hector was in this posi- tion after he fired upon Newman and to all appearances was about to shoot g. second time when Newman retuned l fire.
 Bearing out the testimony of New man that he did not shoot Hoctor after he had fallen to the ground, Dr. Wylie stated how impossible such a. thing would have been. He testified that ii Newman had been 160 paces away from Hector, as claimed by state wit ness, that he would have to have been , SS feet tall to have inflicted the shot ir the limb. He contended that it would l have been impossible for Hoctor tr have received the wound in the left leg ! while lying prone upon the ground, his | testimony being in direct contradiction to that offered by Dr. Nichols. whose opinion it is that Hoctor was shot while on the ground.
 The witness held that Hoctor wa: either standing or bending over, il order to have the bullet take effect il his leg. Had Hoctor been on the ground lying on his right side, he said. tn, bullet would have passed out of hi leg and if lying on the left side thu person firing the shot would have hat to have been in the air.
 He might have been lying on tn ground if the ground were on an in cline said the witness.
 The truck was identified by Ca Messner. who said it was a GMC make 1916 model. o. L. Hart testified to hay ing made the purchase from Johl Bailey who bought the Hector truck NJ. N. McCullum. photographer, identi fled photographs taken by him Whicl were introduced by the defense. Tn pictures were of the truck, showin ! counsel in much the same position that were used in court room demon strations.
 People who passed the truck befor the officers and their party arrived a the scene testified as to meetings O the highway previously described b the accused man when on the stan on Tuesday The man and woman | whom there has been frequent refer ence during the trial were seen h Mrs. Jennie Genuug Of Wickenburs wife of Myron Genung, deputy sherif as they passed through that town tn day of the killing, Mrs Genung said.
 Every witness for the state to vhor Newman talked after the shooting tes tffied that he told them 8 man an woman approached the truck and aide him in placing Hoctor in the car which he brought him to Glendal where he gave himself up to the of ficers.
 Newman on the stand swore that tt mysterious couple gave him assistanC but that despite his efforts he wa never able to again locate them. E said he noted "plunder" in their ma chine.
 Mrs. Genung also noted the large e in which the man and woman rode he what she termed as baggage. Sf was unable to give c description of Il couple but recalled that the woma wore a large hat and that the car WI headed in a westerly direction whe it left Wickenburg.
 Stoneman offered a telegram whit was sent to Deputy Genung, to whiC Laney offered an objection which VI sustained by the court. Judge Stal ford stated that he would rule wltho' looking at the message which Lane objected to as hearsay. During the a guments it was learned that the pa. ties" referred to in the telegram hi passed Wickenburg a half hour befo the arrival of the wire.
 William Nelson of Flagstaff was Hot Springs Junction. He said tn he was waiting for an automobile that he noticed all that passed. AS told the sheriff when he asked me noticed a car containing a man al woman" said the witness. who was near enough to the machine to no whether or not it Contained any lu gage or ''plunder."
 Ed White declared that he passed man and woman with d camping out and a wood hauler. Asked if he cou identify the woman White said he VI not sure and Mrs. Ella Lockerby wi called in the court room. White sa he could not be sure it was she he Sd on the road.