, 1889-06-07
GETS A NEW TRIAL.
Trumble Will Have Another Hear
ing in November.
An Official History of the Murder
Of Charles Miley.
Excerpts from the Decision of the
Supreme Court.
ANOTHER CHANCE.

Jail nearly three years and was refused a
pardon by Governor Moonlight.
TIE CASE
This history of the case prefaces Judge
Corn's opinion:
This was an indictment for murder in
the first degree, charging the plaintiff in
error with the murder OF a certain person
whose name was to the grand jury I'M
known. The evidence upon the trial
tended to show that about the seventh of
October, 1886. at the town of Lusk, in the
county of Laramie, the plaintiff in error
was acting as deputy sheriff and marshal
OF the town. That he arrested the de-
CEASED o suspicion hat he, with
others, had recently stolen a number of
horses from parties in johnson county.
While the deceased was in his custody
Tumble claimed that the deceased told
HIM that men with the horses in charge
were camped about four miles from town.
Trumble thereupon summoned a num-
her of the citizens as a posse to assist him
in arresting them and retaining the
property The deceased was put in a
buggy to guide them 10 the spot and
| Tumble rode on ahead TO find the camp
Tumble returned and stating that the
camp was not in the vicinity indicated by
the deceased, procured a buggy whip,
dragged the deceased from the buggy by
| tho b.nd.,9s wb;.b h. b.J -.
NN",1 " 'fuoA
MIN several blows with the whip to COM
pei him to reveal where the camp was
situated. The deceased appealed Ia the
crovd for n,o,oo;o, 81 -. ,Lo;
80. rp0r ni p.o
'es' against sucn aproceeding rumble de-
sisted from whipping him. The entire
party returned to town and the deceased
WAS turned ovor IN o,bor nar,;os % ha
Aep' III ous'ouy snu was kept III CUSTODY
OF one person and another about the
town until the night of the 9th.
On the NIGHT of the ninth rho daceasod
,r.s !, W-h;t,,.Lor,a 49,. IN -
- ? o"ioo"' sun III JUS
touy and h~andcuned' rumble inquired
where the deceased was and being told
went into the saloon. He informed the
.so1 H., -
IL n "
TOOK OH the handouts. A converse
ton then occurred between Tumble and
the deceased which is stated with slight
differences by several witnesses, all OF
them, however, agreeing substantially.
Irumble told the deceased he was now
a free man and asked him if he was not
glad OF 1t. and the deceased said he was.
rumble asked deceased if he would
take a drink with him, and deceased said
he would
Irumble asked him II he was a friend
OF his or an enemy. Deceased replied
that he had treated him so that he could
not be a friend to him. Some other con-
yersation then occurred about a saddle
belonging to the deceased In which others
also o part
rumble again asked deceased It he was
,t'eu T ., III aud ueceaseu sa,u ne was
tn do about II and decoascd ro,i;od ,bat
he did not know that he was going to do
anything about 1t; Some other converse
eion 'heh occurreo IN winch others took
Tumble AGAIN rereated his oues,;on no
to whether he was a friend or enemy
and deceased replied he was not a friend.
rumble drew a revolver n pointed It
and tor,b and aaa;n ronaa,od h;s onoa,;on
and the deceased said: II will have to be
a friend to you now" Trumble then told
deceased he was a coward, again raising
n"S TIE so 5a.anuoa ~ Il ne was 4 ir,enu.
trutbP We'll. Charley. 7 don't ike Won"
And Trumble Immediately shot him,
his death being almost instantaneous.
llImoie oest,ned thae oeceased threat
and that ~immediately before he sboot;na
deceased threw his hand back as if to
draw a pistol.
n Jury returhed a verdict 81 guilty
fenJants' counsel nresented motion for
a new trial and an arrest of Judgment and
for the discharge OF the defendant.
THE OPINION.
Judge Corn thus considers the errors
charged by the defense:
Numerous errors are assigned upon the
record OF this case, but IL will only be nee