Nogales international. [volume] (Nogales, Ariz.) 1926-1979, 1926-08-22
Alfred Hudgin Is
Continued From Page u

test fled that he called Hudgiu
and Dalton ''road hogs. He ad.
mitted that Dorothy jerked his
foot off the accelerator in an eff.
fort to make him slow down and
in trying to keep him from try.
ing to pass the Hudgin car. He
stated that Dorothy said "don't
do that" as she endeavored to
slow him down. He admitted
that after the accident, Dorothy
Reed said to him "My God, look
what you have DONE"
1t was brought out in Holihan's
testimony that Hudgin was driv-
ing on the wrong side of the
road at times and that he paid no
attention to sounding Of the horn
on the HOLMAN car as the Holi-
han machine attempted to pass
the Hudgin car.
HOLMAN finished testifying at
11:55 o'clock at which time a re-
cess was taken until / o'clock.
When court opened for the after
noon session Attorney Robins an
nounced that the state rested,
after which Attorney Bird made
q motion that the case be dis
missed on the grounds 'tthat the
testimony of HOLMAN showed
clearly that he made a deliberate
effort to run into the Hudgin
car" Bird further said that
there was no reason why he
should pass the car ahead of him.
From, his own testimony he took
the wheel merely for the purpose
of passing the car ahead of him
and ran into it. It also shows
that he was in the middle of the
road and struck the Hudgin car
in the middle Of the road. It is
a fact that the accident could
not have happened if he had not
attempted to pass the Hudgin
car. 1t also shows that the other
car was going about 80 miles
an hour and the Willys-Knight
(driven by Holihan) about IS
miles. On curve he was watch
ing his speedometer instead of
watching the car ahead Of him.
1t shows that the death Of Miss
Lillian Reed was actually a result
Of the driving Of HOLMAN
At this point Judge Keener
stated that he had not heard
enough evidence to either dis
miss the case or hold Hudgin to
answer to the superior court,
after which County Attorney
Robins placed Deputy Sheriff
James Hathaway on the stand
following a ruling by Judge
Keener that the state could re.
open its case.
Hathaway told Of accompany
ing County Attorney Robins to
the scene Of the accident the
morning after it occurred, and
talking there to Alfred Hudgin.
He said he called Hudgin a "cold-
blooded murderer" and that
Robins told him he should not
have talked to Hudgin that way.
He testified that he did not ad-
wise Hudgin Of his legal rights.
He said that Hudgin told him he
would be willing to take half the
blame but was not entirely to
blame.
Dorothy Reed Testifies
Miss Dorothy Reed, beautiful
young girl, followed Hathaway
on the witness stand and adj
mitted that she took Holihan's
foot off the accelerator. In an
swer to numerous questions ask
ed by Attorney Bird on cross ex-
animation she replied "I do not
remember" or II do not know"
Immediately after the testi-
mnony Of Miss Reed, Attorney
Bird made a motion that the
case be dismissed because Of ad-
missions by HOLMAN and the tes-
timony Of Miss Reed showing
that Holman, In trying to pass
the Hudgin car was entirely to
blame for the accident "Holi-
han should not have risked the
lives OF innocent girls to satisfy
his desire to pass the car in
front of him, especially when the
sister Of the deceased had indi-
Gated that he was driving too
fast and should not try 70 pass"
suid Bird.
County Attorney RoAins OBJ
jected to dismissal Of the case
and insisted that the defendant
was entirely Ia the wrong ia
driving on the left hand side Of
the road and not allowing Holt
han to pass him.
Judge Keener then stated that
the testimony proved that the
Ford driver (Hudgin) was on the
wrong side Of the road and de-
liberately tried to keep the car in
the rear from passing. eft is the
courts opinion that q lesser Of
tense should have been charged
against the defendant. Manslaught
er was not intended. They were