Birmingham age-herald., 1895-05-17
ALABAMA.
THE MILLER-CURTIS TRIAL ?
WAS SOMEWHAT OF SURPRISE
Full History of the DeplOrable Tragedy, Be- ginning With the Boy and
 the Pigeons.

Selma, May 15-(Special Correspond ence.)-This morning, at Hayneville, the jury in the case of James Miller. Jr.. charged with the murder of E. E. Curtis at Benton on the 12th of last September. brought in a verdict of murder in the second degree and fixed the penalty at twenty years in the penitentiary.
 A brilliant array of legal talent showed up in the case For the prosecution ap- peared Messrs. Pitts, Mallory and Pettus of this city and the solicitor. Col Nick Stalworth. and for the defense Col H. c. Tompkins of Montgomery and Hon. J. c. Richardson of Greenvile.
 The jury was empannelled before noon on Monday and the examination of wit nesses was commenced immediately aft CT the noon recess. The testimony showed that for two years prior to the shooting the bitterest feeling had existed between the two men. The murdered man, E. E. Curtis, was fond of trap shooting and on that account raised inn mense quantities of pigeons. In Septem- Der there was to have been pigeon shoot at White Hall, a few miles from Benton, and Charles Miller, a brother of the de- fendant, wrote to a little crippled boy, a relative, who lived with the defendants father, James Miller, Sr., to send him some pigeons. The boy trapped a num- Der of Curtis pigeons in the garden of the defendants father and shipped them to White Hall. Curtis became enraged and the morning before the shooting swore out warrants against Charles Mill Ter and James Miller, Sr, charging them with stealing the pigeons.
 The defendant had the trial postponed until next morning, and endeaYored to settle the matter with Curtis Both men were prominent merchants and popular, and theif friends, too, endeavored to bIOp nhO1f a cattlpUDaDt Tho hpU xvla trapped the birds claimed that he only secured twenty-five, while Curtis claimed that he trapped 100, and demanded ar bitrarily that he be paid for 100 or more.
 The defendant asserted that the trial should not come off; that in case of ac- quittal or conviction the family would be disgraced. He sent to Selma for a new pistol and a box of cartridges. The even ing was rainy and it grew dark early. About o'clock Miller walked out of his boarding house, Miss Mary BoYies, and disappeared in the darkness, going to- wards the business portion of the town. Several people were sitting on the porch of the boarding house, and others on the porch of MT. Aaron Richards house di- agonally across the street.
 A moment after he stepped from the rays of light, which shone from a lamp in the hall of the boarding house, four pistol shots were fired and Eugene Cur tis' voice was heard shouting, Miller mas SnOI me! Mlller mas SnOI me! Ine people on the porcheS went at once to the wounded man, who immediately after uttering the words sank into un- consciousness.
 When they reached him he was lying about D feet from the boarding house and about 30 feet from MT. Richards house. A ball had entered his left side at the waist. and going through had struck the spinal chord, causing almost instant death. His vest which was of a fuzzy material, was powder burned, showing that the shot had been fired from close range.
 Aside from the character witnesses Mil Ter was the only witness for the defense. He testified that Curtis approached him with the words, you d----, you are the man I want, and advanced on him attempting to draw something from his clothing, presumably a pistol; that he was about 10 feet from him when he first spoke. As Curtis advanced he re- treated backward and said flor Gods sake, Eugene, I haven't done anything to you, but seeing that Curtis was gain ing on him he drew his pistol and fired This, however, was not heard by the people on the porch.
 After the shooting Miller fled, and he was not looked for that night, as the authorities said it was so dark they might pass right by him in the road and not see him.
 The evidence was concluded at noon yesterday, and the arguments about sundown last evening.
 Judge Tyson charged the jury last night and between 8 and o'clock this morning the verdict as set forth above was rendered.
 The verdict was great surprise and disappointment to the defendant and his friends He confidently expected a yer dict of acquittal on the ground of self defense, or a light imprisonment.