The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1878-03-19
NILLER's CONVICTION.
He 10 Pound Guilty Of Murder in
the Hirst Degree.

So0 FINN O08t00.
Kansas City Journal.
The news Of the conviction Of Fra,
;. Miller, Of murder in the 6nt degree,
Lexington. created no little surprs
throughout the city yesterday. and maj
: and varied were the comments thereupo
: The conviction and execution Of Gre,
: will not soon be forgotten in this comm
NIFTY, and it must be remembered that Nj
Ter vas also in the same shanty on tn
fatal night when Marshal Hughes met b
death 50 suddenly. and that he also ",
indicted with Green for the murder. Aft,
Green's conviction Miller. By his attorne,
Major Wooslson. applied for change Z
venue. and Judge White cent the case [,
Lafayette county for trial. Miller was Il
ken to Lexington about three weeks ago
and. before leaving. Vas allowed to BIZ
Green farewell. The two men Who Ia.
been partners in crime in Iowa, and vh
broke Jail together. when they came to par
With each other forever had but very it'll
to say. They took each other BY the hand
and With strong. hearty grip they sepa
rated.
Green's last words to Miller were to III.
effect that he (Green) did the shooting on
the night Hughes was killed, and that hs
hoped Miller would not suffer for has actions
on that secession. Soon after Miller arrived
at Lexington the regular elected Judge Of
the court, Judge Hill, failed to put in ap-
pearance and in accordance With the Law
the members Of the bar elected Judge Walk.
er to act in his place. As soon rs the se!ec-
tion was made known the press in several
sections Of the State opened FIRE, and de-
clared that Judge wslker had no right to
act in the capacity Of criminal court Judge
and that the court vas unconstitutional.
and that any one convicted under its ruling
could secure redress in the supreme court.
The case came up for trial, however, and
created great excitement in Lexington. The
prisoner Was defended BY Me-srs. Woodson
and Southern. while Prosecuting Attorney
Young, Of Lafayette, vas assisted BY J. L.
Peake, Of Jackson county. The case went
10 the jury about 9 o'clock on Monday
hight, and after being out about half an
'our, returned into court With verdict OF
murder in the first degree, as charged in
he indictment"
Immediately on the announcement Of
he verdict the old story Of the unconsitu-
ionality Of the court v.s brought up, and |
o great was the difference Of opinion |
mou2 the attorneys Of the city that il was
ard to end out any thing that had =
caring on the case. Several prominent
aSyers were interviewed on the question,
ut each had different construction to pu,
pom the matter. A journal reporter last
light heard that Hon. wood E,sley, Of
hannibal was in the city. and called upon
i'm At the St. James Hotel, and asked his
p'nion OF the matter. Mr.. Ea-lsy vas q
'emb.r of the last Legislature of Missouri,
- member Of the judiciary committee.
nd Is acknowledged to be one Of the best
'wyen in the State. He is probably a.
ell able to give IN opinion on this ques-
on ~ any man in the State, o. he drew up
re bill relating to the appointment Of
'esd judges in case Of sickness. etc., and
erefore knows What he is talking about.
fter being informed ~ to the points in
e matter, Mr.. Easley consulted the stat
Is Of Missouri, and states hs opinion Of ,
e matter a follows:
THE constitution makes the provision for
z failure Of circuit Judge to hold term
part Of . term, of court BY reason Of
sence or sickness, and that another /,
lee may, on request, GIL his place. On 4,
e authority of this constitutional pro- 1
ZION, the Legislature has provided for the g
sction only Of temporary circuit judge.
lis provision in the constitution appa-
ntly has no reference to judges of courts
exclusive criminal jurisdiction.
So far a criminal cases are concerned, q
legislature seems to have attempted to
'er them By the provision in relation to 8
pnges of venue solely, and the absence Of =
judge IL not one Of the causes, the ex- .
ence Of which would authorize the cleo A
n Of a special judge. d
If the court in which Miller Vas 10 have .
n tried was simply . criminal court, G
It Is, not one Of the regularly organized 8,
cult courts OF the Sta,e. and an .pplica- 9,
n for change Of venue Vas not made,
! the judge simply failed to attend, and
pecial judge wss for that reason elected y
re ere very grave doubts - to the legality b
The organization Of the court, 90 grave n
L every opportunity should be afforded y
defendant to have the question settled y
the supreme court" Of course the case se
he taken to the supreme court, and d
re seems scarcely doubt but that new
il will be given the accused.
torneys' fees on Delinquent u
Taxes. oil
regarding the power Of the Collectors al
'sneys TO charge Attorney ices on de- VI
luent taxes before suit il brought, under
ion Eve Of the revenue Law Of 1877, 81
State Auditor writes - follovs: Tn