Arizona republican., 1895-09-10


 drink, saying they had just been shak- ing dice. While the drink was being mixed Miller laughed and joked with Frazier and his mpanion until the two went out of the saloon. While in the saloon Frazier said Miller had 10 coat on, and as near as he could judge there was no weapon about h1s person. | He was plump, weli-built man, and if he had pistol on his person 1t would be more apt to be noticed than on an angular man. After Frazier went of i the saloon he stood on the corner near Eschman's drug store for a few minutes and heard the report of the pistol shots l fired in rapid succession. He hastened around to the alley with the crowd and saw the body on the ground in the rear of the railroad office.
 | Dr. Futile, who made the examination with Dr. Hughes of the bullet wound was called. He found a bullet hole in the right side of the head an iuch in front of the ear. A protu berance on the left side of the head showed where the bull let had lodged. He extracted the ball make exact measurements but said the
 
 straight course and lodged about an inch higher up than the place where it entered the head on the right side. There was nothing that would cause & dehection of the bullet. The bullet was a 38 calibre and he exhibited some cartridges of different pattern guns but of the same calibre to show the rela. tive differences in size. Could not state of what make of pistol the ball was fired from. He said he was some- what familiar with gunshot wounds {; the hair around the wound was burned from off the flesh about the size of 8 dollar piece. He believes the gun was held close to the head for if it had been held few inches away from the head the hair would not have been singed to large extent around the wound. At distance of from 10 to 12 inches there would not have been any powder burns. When asked if the by being held close to the head he stated that it would not necessarily have done so; for the bullet had en- tered the temporal bone, the thinnest portion of the skull and pistol could be held close against it and fired with. out fracture being made. The hat of the deceased was powder burned under the brim on the right side and the wit ness concluded from that that the head had been thrown back or the hand for ward at the time the shot was fired. To illustrate it, the hat was placed on the head of Judge Kibbey, and taking the pistol the witness pressed the mug. 1 gle against the skin and explained how the powder could burn the hat.
 A wound of the charac.ar that killed Miller, the witness stated, does not usually cause instant death, and gave it as his opinion the reason death was instantaneous was because the powder had entered the brain. He did not think the shock would cause a con- traction of the muscles of the hand
 that would cause the revolver to be re- tained in the hand after death. On the supposltion that Miller had fired the shot himself the revolver might have fallen within radius of two feet (ex. plaining how the revolver might have fallen at the feet of the body, and if ii struck the ground properly might have
 rebounded several inches. The body always falls in the direction from whicf
 the missile is fred Could not conceive
 it possible that man could have frec second shot if the first one took effect and from his investigation had found nc
 other indication on the body where { bullet could have entered.
 , Dr. Hughes was next called and stated
 that he was acquainted with Miller anc assisted in the postmortem examination said the course of the bullet as described
 by Dr. Futile was correct. Said tn, pistol must have been pressed agains the skull was positive of that fact, 10 } the wound was larger than If made b.
 the bullet alone. Instantaneous death
 he said, WAS produced by the powde
 entering the brain. Powder burns o1 the hat could have been made by tn pistol being held close to the head. the pistol had been held any distanc from the head the ball would have passed ] clear through the head. and by bein
 held against the head the ball loses tn 1 n momentum it would have if held som distance away. The report of the sho would have been dulled if held close t the head; was impossible for the maj r to have nred a second shot if the frs 3 one took effect.
 The witness here stated his experienc with case of like character, after Whic 2 recess was taken until 2 o'clock. g Afternoon Session.
 At the appointed hour the inquisitio - was resumed. The court room wa t crowded with spectators who wer a greatly interested in the proceedings
 The first witness WAS Dr. Tnttle Wh