Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-13
SCANLAND TRIAL
END IS IN SIGHT;
ALL TESTIMONY
IS PRESEN TED
Last Witnesses Are Exam
ined At Night Session OF
Court Tell of Excellent
Character of Defendant,
e. .GUMENTS TO JURY
y WILL BE LIMITED
Judge Ryan Announces That
Each Side May Have 3
Hours Jurors Illness May
Delay Proceedings.

tBV soRssa JOURNAL SPECIAL LEASED WisEf
Las Cruces. n NJ, March H.
The taking of testimony in the
trial of Mai f. NJ. Scanland. U, $.
A., under Indictment for the killing
OF John r. Hutchings, race car
driver, ON November 2, last, was
concluded at tonights session OF
the district court,
Before adjournment District
Judge r. r. Ryan announced that
arguments to the jury would be
limited to three hours for each
side At the night session Mai. A.
A. King, L. S. A.. stationed at FL
lPaso qualified as an expert and
testified concerning the penetrat-
L ing power of bullet from an army
rstol. Witness also testified TO
the excellent character of the de-
ftndant and as to his record in the
amy.
Pat Garrett. former secretary TO
the American ambassador at Rome,
whose home Is in Las Cruces, tes-
titled concerning Major Scanland's
services with the army in Italy
and Montenegro and of the high
esteem in which he was held by
the officials of the embassy.
Ford Jackson, called by the state
! in rebuttal, testified concerning an
alleged conversation with Major
Scnnland at the Fort Bliss base
hospital, and told Of an alleged
Icgreement to keep silent made by
witnesses to the tragedy while
they were en- route from Lanark to
Las Cruces. where they were
placed in Jail on the day of the
killing ~.
Miss Eta Mcpherson and Harry
Overstreet. also called by the state,
explained that the agreement in
question applied only to newspaper
men and the public and that there
had been no compact between wit
nesses to conceal anything from
the authorities,
Major Scanland. recalled by de-
Ifense, denied any recollection OF
the conversation referred TO by
jackson.
When court adjourned tonight
Nv. l.. Hersey, one of the Jurors,
was seriously III. Physicians said
his symptoms indicated influenza
and they expressed doubt as TO his
eing able to take his place in the
box tomorrow
Las Cruces, N. NJ, March 12.-
Mai. f. NJ. Scanland, charged with
first degree murder in connection
with the death OF John T. Hutch
| ings race car driver in the Ell Paso-
Phoenix road race. who was killed
near Lanark, N. NJ, November 2,
took the stand in his own defense
at his trial here today.
He declared he had no interest
in the race and did not know the
names of the entries, until after the
tragedy occurred,
Major Scanland said that he was
| stationed at the base hospital at
Fort Bliss. but had purchased
house in East El Paso and obtained
| permission to sleep In one of the
rooms, the balance Of the residence
being occupied BY Mrs. =. l.. Hol-
| brook,
1t was here, he said that he met
Chalk" Autman, also char ged
with murder in connection with
Hutchings' death, and Harry over
street, some time before the ira
gedy.
He said he was invited to go with
the motor party up the valley to
view the races and accepted. The
party arose at o'clock Sunday
morning, the day of the race. and
started for the valley. When they
reached the spot in New Mexico
near where the shooting later oc-
Cured thy stopped, built a fire
n ~. "a IA
said. The gun he used, according
to his testimony, was purchased III
| Paris, France, from the army, and
| the ammunition which was In the
weapon came from Camp Sher-
man.
AT this point in his testimony he
was asked by j. II. Paxton, one OF
his attorneys, if he ever heard of
Hutchings, the race car driver, or
Oliver Lee, who was In the car with
Hutchings,
The witness replied;
mo"
Asked if he knew any of the en-
tries in the race, Major Scanland
said not until after the shooting
when Judge w. d. Howe came up
to where the party was and told
| them one of the race car drivers
had been shot. He reiterated he
knew none of the entries and had
no interest in the road race. ~
In his testimony the major de-
| scribed some of his experiences
while overseas with the army dur
ing the war. Objections were raised
to this by the prosecution.
l.. A. Broaddus, a jeweler of Las
Cruces, an expert on stop watches.
was called before the court. j. RI.
Paxton, representing the defend
ant. then had all Of the witnesses
in the case called one after another.
asking each to describe by clap
ping his hands the period of time
that elapsed between each of the
shots fired, as they remembered
| them. .a
The case is expected to go to the
| jury late this afternoon or tonight.