Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-25

masked themselves. They found the
old lady and the old gentleman In the
room, and said to them that they had
come to search for counterfeit money,
and that they wanted the key OF the
safe. The old man said they couldn't
have 1t. And then we told them that
we would have to have it, and these are
the words we used: "Or we would do
some harm TO them," whereupon the old
gentleman gave us the key OF the safe,
and to prevent outcry or alarm, we tied
them both and gagged them both. We
opened the safe and took from the safe
over S20,0 900 in money and bonds
and we told them that we had tied John
and his family. He said we left them
in that condition. / believe that he told
me that they came back to Plttsburg
that night or the next morning. he
said they negotiated the bonds at the
Lamb saloon, near the mouth OF Virgin
alley, and that Mr.. Miller was not pres
ent at that negotiation and had nothing
to do with it, and so far as he knew,
had no knowledge of it. He said the
negotiation was conducted by street
broker named Nelson, man whom
had never heard Of before, and man
OF whom had no knowledge. or Mr..
Hamilton and his connection with the
case, and of myself, have said nothing
heretofore except to give an outline OF
the facts because, as / was retained as
his counsel, / didn't feel at liberty to
give his name or any clue whatever by
which the detectives or police could
reach him.
BUT NOW THAT HE is DEAD,
as am credibly informed and believe,
and the character Of an innocent man
is at stake, feel at liberty to say what
/ should not have said. On the trial OF
Of the case in Clarion county every ma
terial fact in the statements made TO me
were confirmed and corroborated by all
the testimony adduced by the Common
wealth, except that Mr.. Nelson APP
reared and swore that Mr.. Miller had
been present at the Lamb saloon and as
sisted In the negotiations of the stolen
bonds, which, from the testimony OF
Mr.. Hamilton, unbiased in any way, and
the other facts in the case, believe TO
be shameless and wicked falsehood
which l have reason also to believesthat
he confessed to Mr.. Miller in the Jail d.
rectly after the trial and upon his
death-bed.
There was no testimony except that
of Mr.. Nelson that could have possibly
justified the conviction. There was, on
the contrary, positive evidence that no
such thing as torture or felonious shoot
ing took place at all at Mr.. Connor's
house that night. Mr.. Hamilton told
me that in adjusting tho ropes around
old man Connors his pistol accidentally
went off without Injury to anyone, and
that the charge of felonious shooting
was simply lie. On the trial Of the
case and after Mr.. Nelson's testimony
l offered to disasSOciate myself from
the case if they would allow
me to make substantial state
ment, which, of course, cOnld not
be legally admitted. If Mr.. Miller had
remained in prison l feel sure the vindi-
cation which is now before the public
could have been secured and that he
would have boon pardoned because OF
the overwhelming testimony OF his In
nocence and Of any completely in the
Connors robbery. When l learned OF
his escape and Of the attempt to extra
dite him, not upon the charge Of burg
larry, upon which he could not have been
extradited, but upon the lying accusa-
tion of felonious shooting, or Of assault
and battery with attempt to Kill
TRUNPED UP FOR THE PURPOSE
of forcing his extradition by the Cana
dian authorities forwarded voluntarily
-, = L., Of vi
substantially but not so fully the state
ments contained in this affidavit. In
cidentally there are two facts which
think bear upon the question of Mr..
Miller's innocence. First, Miss Sadie
Manning, to whom | had note of in
PRODUCTION as Mr.. Miller's friend, told
me, and firmly believe that she told
me the truth, that on the night before
his arrest, Mr.. Miller showed her
81, 900 note, and $500 note, and being
as she said in a condition not able TO
take care OF either himself or his
money, told him to let me take care
of it, which he did. Second, 1 had
never seen or heard of Mr.. Miller until
after the interview with Mr.. Hamilton
in my own house, and Mr.. Miller in the
Clarion county jail. Third, that every
particular OF the robbery narrated to
me by Mr.. Hamilton in my own house
was corroborated by every witness at
the trial of the case, except Mr.. Mel
son, Of whom have spoken heretofore
in regard to the case. All Of which is
correct aud true to the best Of my
knowledge and recollection, and be-
lief. w. d. MOORE.
Sworn to, and subscribed before me
this 22d day of August, 1891.
Witness my hand and Notary seal
this day and date above mentioned.
JOHN w. HAGUE, Notary Public.