Mexico weekly ledger., 1889-06-27
The Trial,

AS announced in the LEDGER
Friday afternoon, the Miller
and Mortimer case took an unex-
pected turn. Mortimer pleaded
guilty to murder in the second de-
gree and was then placed upon the
stand by the State. His testimony
was very damaging to Miller. He
told very much the same story as
he gave a reporter to this paper
about a year ago. The cas- was
brought to a close without Miller
going on the stand in his own be-
half. Mortlmer's testimony was,
in substance, as follows:
MoRTIMER's TESTIMONY.
"John Miller was with us on
the night of the murder and he and
Fawcett went inside while Johnson
and l kept watch on the outside.
At M1ller's house, before we start
ed, Miller laid down his pistol,
: which was on the "bull dog' order,
and asked me for mine, saying his
was too heavy. [ gave my pistol
to him and we started out to APP
gar's. The whole scheme was
planned by Miller himself, who
said he believed it was about the
time the old man got his pension.
He thought we would find $40 or
$50 in Apgar's pants if We could get
them out. AS l said before, Miller
and Fawcett went inside. Pretty
soon they came back to the gate,
where johnson and | were stand
ing, and Miller said: IT'S all dark
and Pm afraid the game is up
They stood there a minute and then
went back. / don't know what
they went for unless it was to get
something to eat. They went to
the little kitchen west of the house.
In a minute 1 saw a light, then l
heard a report of a pistol. Then
Fawcett and Miller came running
toward the gate. We all started off
then and walked west to Wade
street; we went down Wade street
to Love and then to the West End
bakery. When we reached the
bakery we heard a woman scream,
Mrs. Apgar calling for help, | guess.
We then separated, Miller and l
going home; [ don't know where
johnson and Fawcett went. When
we got home Miller took the little
revolver from his pocket and laid it
on the bureau. [ took it up, saw
that one chamber had been used
and took the pistol to my room. ]
don't think Mrs. Miller or my wife
knew we were out of the house. /
didn't know till the next day that
Mr.. Apgar was killed, when a girl
came down from Kitty Thornton's
and told us. Fhe reason [ didn't
'squeal' on Miller before was that
he had always been kind to me-
he said. "When I wanted a place
to stay, his house was open. /
never thought of making regular
raids until Miller. got me at it.
When | once got started he said:
You're all right; l didn't think you
half SO sharp Miller didn'toften
go with US, though. The Apgar
raid was the second time he ever
went with us. He would tell us
how he used to steal when he was
younger. He told us that he was
so old now he could not see very
well and was afraid of being trap
ped. He said his reputation with
the white people was good and he
did not want to lose it. He did all
the planning for US. He often told
us to keep mum If we were ever
caught. DENY everything he
said, sand we're all right"
THE ARGUMENT.
The argument began Saturday
morning about ten o'clock. The in.
structions of Judge Hughes were
ironclad, and admitted ofno verdict
but that of acquittal or murder in
the first degree. The argument was
opened by Mr.. Frank Jesse, for the
State. Judge W. .Forrist.f for the de.
tense, followed in a very long
speech that consumed an hour be-
fore noon and an hour and a half in
the afternoon. Mr.. w. A. Edmon.
ston for the defense followed Judge
Forrist, and Nj. George Robertson,
for the State, closed the argument
Throughout the day, the couri