The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1878-04-30

Efforts in Behalf Of the Doomed
Man in Lexington Jail.

Frank Miller il now lying in the Lexing
ton Jail, under sentence Of death, with thu
galIows scene but few days of unless Gov
Phelps inierferes in his behalf. The Kan
sas City Mali says that an earnest effort il
being made 10 secure from Gov. Phelps q
Communication of the sentence Of death passed
upon Frank Miller, TO imprisonment foI
lie. Miller Mas companion Of Richard
Green at the time Marsha. Hughes was shot
by the latter. crime for which Green suf-
fered the extreme penalty upon the gallows.
Upon the subsequent trial Of Miller at Lex
ington, it Was clearly shown that Green
slot FIRST, and fired two shots. Hughes was
shot in tive places, the RICH; side and right
shoulder, and he was standing with his
right side nearest 10 Green. A third shot
was fired, but by whom no one could tell,
and no trace of a ball could be found on
lhe floor walls Of the cabin. Miller was
shown to have taken his pistol from his
bunk tina, evening TO shoot squirrel, and
had not at that time returned il to his bunk
Witnesses were standing only few feet
from him, and say that he did not shoot.
nor did he say anything TO Green. or en-
courage him tSPresist arrest; made no re-
sistance whatever by word or deed himself,
nor rose from the place where he was sitting
when the officer came into the cabin, until
the shooting was all over. He then for the
first time was seen with pistol in his hand.
lie claims that the pistol was lying back a
few feet from where he was sitting, and
that he picked it up as he rose and started
out of the cabin, and all the facts seemed
to c,rroborate this assertion. Seeing Fish
er about to raise Hughes up, as he fell, he
told or rather asked Fisher not to interfere,
believing that If Fisher did interfere Green
would shoot him too.
The head and from. OF MilIer's offending
was that he knew Geeen, went to Fishers
with him, was present with two Others
when Hughes was killed, had pistol in his
hand few minutes after, told Fisher not to
and went away with Green andre
NAMED with HIM till captured. His guilt
If guilty at all-wss technical guilt of
,eing present "ready to assist"
Those who witnessed the trial and heard
ne testimony in the case, were SO strongly
with the innocence of Miller as
0 any aetive participation in the killing |
hat had the question been submitted by |
he court to the audience instead of the |
ury, there wonld have been an almost |
unanimous verdict of acqnit,al. The pris-
ner's youth and sensibiIi,y, HE gentle
earring. his progressing demeanOr, and
eneraily favorable antecedents, elected
irong popular sympathy in his behalf.
'or WAS this feeling confined to the general
ublic. Tie subsequent efforts made by
is faithful counsel, Major B. l.. Woodson,
ave been heartily seconded by court and
nry, by the legal fraternity generally, and
y the press. The application which has
cen forwarded to Governor Phelps. solicit
ng a Communication Of the penalty, was en-
orsed by Judge VIM. Walker and the jury
;ho tried the prisoner, by Judge Wood Of
he circuit court, and Col. Reed of Lex
ACTON, by Judge White and Prosecuting
Peak, Of Jackson, the marshal
nd his deputies, Judge Cowan. of the Law
nd equity, Judge Collins, presiding justice
the county court, the editors Of the city
ress, and many ether citizens who had be-
ONE familiar with the case.