Los Angeles herald., 1891-06-03
The Defendants Counsel Ask
His Discharge.
No Direct Evidence Connecting
Miles With the Crime.
The Prosecution Fails to Elicit Any
New Evidence.
what Was Done at Yesterdays Session
The Expert Testimony as to Blood
Stains Is Essentially Weak.
No Decision Given.

Liz Usual CrOWu HJl6u y JuSblCe OW6uS
court room yesterday morning when the
Miles case was called. The first witness
called was for the purpose of proving the
weapon used in the murder of Miller.
DIR. III. b. Ellis testified as an expert
microscopist. On being shown the
hammer found by Chief Glass behind
the bar at the Carlton saloon, he identi-
fed it as one that had been brought to
him for microscopic examination. He
said that he had found the hammer and
handle stained with material resembling
blood. He had thereupon examined it
both chemically and microscopically,
and found the stains to be blood stains,
according to all the known tests for de-
termining the presence of blood. He
would say that the stains were blood
stains, but it was impossible to de-
termine whether the blood was human
blood or otherwise, There was no means
known to either microscopists or chem
lists by which human blood could be dis
tinguished from that of animals.
Cross examined by defendants attor-
ney, DR.. Ellis testified that he had been
practicing medicine but two years, and
had never been called upon for testimo-
ny as an expert previously. Being
shown two medical works he acknowl-
edged them as authorities, and was then
put through an examination as to his
knowledge of the composition of blood,
which he passed quite creditably. He
stated that all tests for blood stains
were considered unreliable, and in the
nature OF experiments. In his opinion
the stains on the hammer were blood,
but he would not swear to their being
SO. The examination proceeding evi-
denced the fact that Attorney Shinn
had been qualifying for an expert in the
matter of blood. He had list of ques-
tions which the district attorney feared
would not be finished during his term
of Office. The doctor answered all
questions very readily, and for
about an hour and half technical
terms and scientific names few about
with sufficient rapidity to give the spec
tators the headache and to visibly
bother the court stenographers. The
only additional fact elected was that by
examination, either chemical or other
wise, it could not be determined whether
biiS sbdlu udU Utcu Cli bilc lldulultT tIlTt6
days, three months or three years. No
other witness was examined at the
morning session.
Ellis was again called to the stand, and
subjected to long Gloss examination.
In answer to questions propounded by
Attorney Shinn, the witness replied as
follows:
saw the stains on the handle. /
stated to the chief of police that /
thought the stains did not look like
blood. There was nothing that indi-
Gated that the stains had been partially
removed. The water had reddish hue
after contact with the stains.
w. III. Auble: | am police officer.
I have seen the hammer marked 'ex-
hibit A." First saw it Sunday after
noon. Officer Johnson showed me where
he found it.
oss-examined: First saw the ham,
mer at O'Clock Sunday. 1t was in the
Carlton saloon. 1t was at the west end
of the bar. This hammer resembles the
one Johnson showed me on Sunday.
Chief Glass: | examined the doors of
the card rooms. There was nail hole
on the top of the door. The nail had
been driven up.
Cross-examined: / made the exam
ination on Sunday morning. Did not
find any nail. / looked for one. The
nail was driven into the cleat above the
door.
DIR. Weldon, recalled: / stated that
the stains on the handle were blood
stains. I was not positive about the
stain on the hammer head. Could not
tell how long the stains might have
been on the hammer. The stains had
not been there month. The hammer
head had the appearance of being
washed.
At this stage District Attorney Nc
Lachlan announced that the prosecu-
ton rested.
Attorney Shinn then moved that the
charge be dismissed and the defendant
discharged. He made an eloquent plea,
and laid great stress on the fact that it
had not been shown that George Miles
had any motive in the world for killing
Miller. The speaker reviewed the case,
and stated that there was not any evil
dence to connect the defendant with the
murder of his former partner.
District Attorney McLachlan addressed
the court for thirty minutes in support
of denying the motion. The speaker laid
particular stress on what Miles said when
told by Wooley that old man Miller was
dead. He said "My God / have lost
the best friend I have in the world.'
"He did not ask whether he had been
shot or stabbed" )" continued the speaker
"Was that natural for man to act that
way upon being told of the death Of his
partner?"
The district attorney then referred to
finding the hammer behind the bar, and
the blood stains found thereon.
Judge Owens announced that he would
take the motion for the discharge of the
prisoner under advisement until l 80
O'Clock this afternoon.