Nogales International

HUDGIN IS ACQUITTED.

ALFRED HUDGIN IS CLEARED OF CHARGE OF MANSLAUGHTER AT JUSTICE PEACE PRELIMINARY.

Alfred Hudgin, popular Nogales youth; 18 year old son of Mr. and Mrs. Louis Hudgin of Crawford street, walked out of court a free man at 2:30 o'clock yesterday afternoon—when Justice of the Peace Howard Keener, at the conclusion of Hudgin's preliminary examination, dismissed the charge of manslaughter filed against the young man as a result of the fatal automobile accident near Sonoita on the evening of July 17 in which Miss Lillian Reed of Fairbanks was killed and Miss Virginia McIntyre of Parker Canyon was injured.

Attorney Duane Bird, for the defense, and James V. Robins for the state, battled for three and one half hours before Judge Keener rendered his decision clearing young Hudgin of the manslaughter charge. Many spectators at the hearing, which was held in the parlor of the Commercial Hotel at Patagonia, hastened to grasp the defendant's hand and extend congratulations on the outcome of the case which had attracted much attention throughout the county.

Owing to the prominence of the families involved, the case had been one of much interest.

The charge of manslaughter had been filed against Hudgin as a result of a complaint sworn out by Robert Reed of Fairbanks, father of Miss Lillian Reed.

Pending final decision in the case Hudgin had been at liberty on $5,000 bail.

Seated facing Judge Keener at the hearing yesterday were County Attorney Robins and Attorney Duane Bird. To the right of Attorney Bird sat the defendant, and to his right was the witness stand. In the courtroom were many well known residents of Nogales and other parts of the county, as well as from Fairbanks.

Holihan First Witness

Andrew Holihan of Tucson, printer by trade, 21 years of age this month, was the first witness called by the state. He told of how the car that he was driving on the night of July 17 turned over as it tried to pass a car driven by Alfred Hudgin and occupied by Hudgin and Howard Dalton. Both cars were traveling to a dance at Sonoita. In the front seat with Holihan was Miss Dorothy Reed of Fairbanks, and in the back seat sat Miss McIntyre, Miss Lillian Reed and Archie Branch.

After telling the story of incidents leading up to the wreck, how the Holihan car turned turtle as it struck the Hudgin machine, etc., Holihan was put through a rigid cross examination by Attorney Bird.

Holihan, on direct examination, testified that Miss Dorothy Reed was driving his car shortly before the wreck, and that after the Hudgin machine had passed the Holihan car, Miss Reed tried once or twice to get by the Hudgin car. Finally Holihan, he testified, became nervous and upon his request Miss Dorothy Reed turned the wheel over to him after he had said "give me the wheel until we get past them."

Upon cross examination Holihan stated that the accident occurred on a curve, that the Hudgin car was 200 yards in front of him when he began an attempt to pass it, and that he was traveling 35 miles an hour when he was nine or ten yards behind Hudgin. "My back wheels were skidding just before I hit the Hudgin car," he said.

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testified that he called Hudgin
and Dalton "road hogs." He admitted that Dorothy jerked his
foot off the accelerator in an effort
to make him slow down and
in trying to keep him from trying
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."

It was brought out in Holihan's
testimony that Hudgin was driving
on the wrong side of the
road at times and that he paid no
attention to sounding of the horn
on the Holihan car as the Holihan
machine attempted to pass the
Hudgin car.

Holihan finished testifying at
11:55 o'clock at which time a recess
was taken until 1 o'clock.

When court opened for the afternoon
session Attorney Robins announced
that the state rested.
after which Attorney Bird made
a motion that the case be dismissed
on the grounds "that the
testimony of Holihan 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. It also shows that the other
car was going about 32 miles
an hour and the Willys-Knight
(driven by Holihan) about 35
miles. On a curve he was watching
his speedometer instead of
watching the car ahead of him.
It shows that the death of Miss
Lillian Reed was actually a result
of the driving of Holihan."

At this point Judge Keener
stated that he had not heard
enough evidence to either dismiss
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 reopen
its case.

Hathaway told of accompanying
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 advise
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 admitted
that she took Holihan's
foot off the accelerator. In answer
to numerous questions asked
by Attorney Bird on cross examination
she replied "I do not
remember," or "I do not know."
Immediately after the testimony
of Miss Reed, Attorney
Bird made a motion that the
case be dismissed "because of admissions
by Holihan and the testimony
of Miss Reed showing
that Holihan, in trying to pass
the Hudgin car was entirely to
blame for the accident." "Holihan
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 indicated
that he was driving too
fast and should not try to pass,"
said Bird.

County Attorney Robins objected
to dismissal of the case
and insisted that the defendant
was entirely in the wrong in
driving on the left hand side of
the road and not allowing Holihan
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 deliberately
tried to keep the car in
the rear from passing. "It is the
court's opinion that a lesser offense
should have been charged
against the defendant. Manslaughter
was not intended. They were
both young and did not realize the
consequences.
Therefore.
the charge of manslaughter is
dismissed against the defendant
and it is the opinion of the court
that he should be charged with
the lesser offense of reckless
driving,"
said Keener.