The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-04-04

VI ccMlOft IN your lonely death.
Hts face red shone, his redder eyes
Were like the fire vi the skies,
And all his face was q Ere
AS he said. - / ield to my DESIRE
Again heard your feeble moan;
cried, ..And must he die aiones''
l cried unto heart OF stone.
An! Why the hateful horrors telis
Enough. I crept into your cell
Polluted, loathed, wretehed thing,
An ashcn fruit poisoned spring.
i This picture Miller has unaues
tionably oyerdrawn. AIr. Bass
said that the Indian girl was giver
free acceis to the jail at all times
that the jailer was a man of fam.
lIly, and entirely undeserving OF
the unjust aspersion cast upon hin
by the poet in his romantic rectal
of this incident.
INDICTMENT AGAINST TEE POET.
Miller laid IN jail several weeks
and finally the grand Jury Of the
county of Shasta brought the fol.
lowing indictment, which is now
on file in the county clerks Office;
The people of the State of Cali
fornia against Heiner Miller, in
the Court of Sessions, in the conn-
| ty of Shasta, July term, A. d.
1859.
Heiner Miller is accused by the
grand jury of the county of Shas-
ia, by this Indictment, of the crime
Of grand larceny, a felony, COM
mitted as follows:
That the said Hciner Miller, at
the county of Shasta, on the 10th
day of July. A. D. 1859, one geld
ing horse, of the value of $50, and
one saddle, of the value of SIS,
and one bride, of the value of So,
of the property, goods and chat
tells of one Thomas Bass, then and
there being found, then and there
feloniously and wilfully did steal,
drive and take away, contrary to
the statue in such cases made and
provided, and against the peace
and dignity of the State.
JAMES A. MIX,
District Attorney.
Names of witnesses-Thomas
Bass, William Kappie.
Endorsed, "a true BILL" D. D.
Harrill, Foreman Grand Jury.
Filed July 10Th, 1869. NJ. j..
Van Horn, Clerk District Court.
By A. c. Taylor, Deputy.
State of California, county of
Shasta, ss,-I, William H. Bickford,
County Clerk, and ex-oficio Clerk
of the County Court, in and for
Shasta county, State of California,
do hereby certify the foregoing to
be true, full and correct copy of
an Indictment and the endorse
ment thereon, as the same now ap-
pears on file in my office.
SEAL. In witLess whereof I
have hereunto set my hand and
affixed the seal of said court, this
9th day of January, A. D. 1873.
W. H. BIcKFoRD,
County Clerk.
THE POET FREAKS JAIL.
When Miller was arraigned in
court he pleaded "not guilty." and
an early day was set for the trial.
But he knew that conviction and
long term in the penitentiary
was sure to be the result, and so
he resolved to escape. With the
aid of the faithful Indian girl he
perfected his plans. One after
noon, at the end of her usual visit,
she slipped into the prisoners
hand duplicate key which she
had procured in some way That
night while the jailor slept (coun-
try jails were never well guarded
in those days) Miller slipped noise
lessly out into the corridor and
made for the outer door, the lock
of which his key fitted. The JOY
of his regained lib rty was too
great to be enjoyed quietly, and
his soul gushed out the song at a
later day even at the recollection.
At last one midnight was free,
Again felt the liquid air
Around my hot brow like sea,
Sweet as my dear Madonnr's prayer,
Or bcnedictions of my soul;
Pure air, which God gives free to all;
Again breathed without control
Pure air, which man would fain enthrall /;
Gods air, which mao has seized and sold
Unto his fellow man for gold.
OFF FOR OREGON.
Having thus made his escape,
Miller and the Indian girl struck
out for the woods. They avoided
their cabin on McCloud river, but
made directly for Siskiyou county.
He could no longer live among the
Shasta Indians, because every
| haunt Of his was known to the
authorities, and his personal I'M
popularity among the Indians
made him liable to be given up by
them ut any moment. However,
the pursuit was not very vigorous.
Mr.. Bass had recovered the horse,
and there was no one else to feel
anv especial interest in tho fugi-
tive's capture. Miller had not
gone more than forty miles before
| he found the Indian girl an incum
brance, and dropped her. She
poor thing, wandered of into tbs
woods, and, finally. was picked NJ
by an old mountaineer, named
Brock. with whom she is living tx
this day in little hut on the Ore
gon stage road at the foot of Mt
Shasta.
After abandoning the girl Nil
| Ter made his way into SiskiYou
where for q time he made his hom'
with the Klamath Indians. From
that he hired out as q cook in tn
herding camp of John c. Carol
& Co.
THE POET STEALS ANOTHER HORSE
He staid but short time in thi
place and then went to a minini
camp at a place at Deadwoo'
creek, where he engaged as cool
He staid in this place about
month, then having some troubl
about his pay rode OF one nigh
with q horse belonging to one
the miners. This animal was new
er recovered. Pursuit was mad
;; by the miners, and one of them
Bradley, constable, came up wit
Miller in the mountains east c
Yreka. He called upon the fugi
tive TO surrender, but the latte
opened fire and made runnin
fight. Bradley Was severely WOUND
; ed in the leg, which accident n
suited in the escape of the poo
into Oregon.
: From this time Heiner. c
joaquin Miller, as he now callc
himself, abandoned his wild lif
He went to Grant county, Orcgol
r where he studied law. took rank 8
3 respectable citizen, and VI
elected county Judge-which of1s
he held one year. The indictmeI