El Paso herald. (El Paso, Tex.) 1901-1931, 1920-03-12
Maj. ScanIGnd
On Stand In
OzC1p Defence

O1e)U DGJEHCE
CContinued from page -
Cruces. an expert on stop watches.
was called before the court. J. II.
Paxton, representing the defendant,
then had all Of the witnesses in the
case called, one after another, asking
each to describe by clepping hands
the period Of time. that elapsed be-
I tween each Of the shots fired as they
I remembered them.
Oliver Lee. prosecuting witness,
was called fist He clapped his
hands twice, completing the action in
four-fifths of a second. He was
] ordered 10 repeat the clapping again
! The second time registered with tie
Harry overstreet. Of FL Paso. vas
called. The first time he Clapped his
hands three times in two seconds
! When requested by Mr.. Paxton to DO
so again the stop watch also indi-
Gated a period of two seconds
] Miss Ella Mcpherson clapped her
hands three times each time she was
} called. The stop watch showed one
second the first time; one and one
] fifth second the second time, and one
} second the third time.
The case is expected TO go TO the
! jury late this afternoon OF tonlsnl
The state. completing It's testimony
at o'clock last night. rested its case.
3 The last witness on the stand vas
I Van White, assessor for Dona Ana
4 county. who was called to prove
I where the tragedy took place
II there was any motive for the
I killing OF John Hutchins, prosecutors
have not been able TO find it.
{ This admission has been made By
Judge A B. Renehan. special prose
I cutor, engaged by O. A Askren. at
I torney g8eral OF New Mexico.
Z whether Maj. Scanland or Chalk
Altman or somebody else killed
Hutchins three months OF investiga-
ton have failed TO reveal a motive,
Tbere were tales told at the time
OF the shooting, he said, TO the effect
that persons in the Scanland party
that went up the valley TO watch the
races. had an interest in their out
come IL this were true the finger
Of the law can't be put on fact
Hearing starts Thursday
The inability OF the state TO find
motives makes no difference, how
ever. as the New Mexico law. It was
explained, does not require that mo-
Harry overstreet. OF Fl Paso. was
the first witness Mrs. Overstreet is
too IN 90 appear.
Mr.. Overstreet continuing his testi-
monv at Yesterday afternoons session
told OF the party OF eight persons who
went on the fsteful joy ride on the
morning OF November 2 10 see the
FL raso-Phoenix road races He said
the party went about 10 miles above
the Borderland inn and camped along
the west side OF the road 10 watch
the cars go by A bonfire was built
he said, TO keep them warm and then
a target was put on some bushes
and the four men IN the party shot at
Il with two pistols. One, a revolver.
belonged TO Maj. Scanland, the wit
ness said. and the other 70 Chalk"
Altman, former deputy sheriff o.
Dona Ana county, but now OF FL
Paso.
ing many times that morning along
the upper valley road He said he
went across the road TO watch for
the racing cars Presently. as car
No Is came along, he heard three
shots fired in quick succession In
the vicinity OF Maj. Scanland, who
had remained on the west side OF
the road. Overstreet said he went
across the road and demonstrated
with Scanland for shooting as cars
went by. as he might hit tire or
something. This. the witness said,
Scanland admitted to be a possibn-
iry. and said he would guilt Although
OTerstreet told the jury he did not
see Scanland shoot he said he had
his own idea about where the shoot
ing came from that struck the Hutch
ms car, which was No. Is.
Airs. p. L HolbrOoE, a member OF
the party, took scanland's gun.
OTerstreet said. and put II In her
pocket after the shooting.
In telling who was in the party
OVerstreet said he wanted to make
II plain that Chalk" Altman was not
with anybody. He said Scanland was
with Mrs. Holbrook. as they lived at
the same house in East FL Paso- The
members OF the party were Major
Scanland, Mrs HolbrOOk. Mr. and
Mrs Overstreet. Chalk" Altman,
Billie Bennett. Ford Jackson OF Al
pine, Texas, and Miss Ella McPher-
son All members Of the party. eL-
cept Jackson and Miss Bennett, were
from FL Paso- Miss Bennett had
come 10 FL Paso from Fort Worth Just
prior to the shooting, and was a
pianist in a cabaret
Drinking Is Reported.
The party, according 10 the pre-
lsminary hearing. early last NoVem-
Scunland's home the Saturday night
before the races It was testified
then that there was drinking at the
majors home and on the way TO the
races
Miss Mcpherson was the second
witness for the state today. She
demonstrated with the aid OF a daint-
I ily shod foot the position OF the
members Of the party at the time OF
the shooting. She said she heard
shots in the vicinity Of Scanland just
as the Hutchins car passed. She in
dicated BY slapping her hands just
how the shots sounded. She and
I OFerstreet both testified that the
Hutchins car stopped about $50 yards
away from where the party was after
the shooting.
Miss Mcpherson could not say who
did the shooting, and she could not
identify the guns taken from Scan
land and Altman and offered in evil
dence today. But she was sure the
car and the location Of the shooting