The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-07-11

! lieu ludJ US SOON as EdIly SOI ~ AloAI ~
the door he heard the gun fire, Early fell
and Riddle reached back, pulled out his
pistol, stepped in the door and when just
in the door he fell full length backward
that he heard six or seven shots-the first
when Early rolled over, the next was fired
at Riddle, then Riddle fell. then the next
shot was at Early just as he was getting
up.
A physician testified that Riddle was
| shot through the arm and near the eye
that one shot must have made both
wounds. otherwise the shot in the arm
was from behind.
Wilson. for the State, testified that Rid.
die fell first; that when the first shot was
fired he looked around and Riddle was
falling; that the first and second shots
were close together; that four or five
shots were fired, including the two by
Early.
A woman was i'm the store nearby and
heard a pistol shot-she could not tell
whether one or two. thinks two before she
went to the door; that when she reached
the door she saw Riddle in front of the
shop; that just as she got to the door she
heard the second or third shot and as ii
was fired Riddle threw his arms up.
The foregoing is the material evidence
for the State.
In behalf of the defense it was shown
that a bullet went throug the window sash
and entered the ceiling overhead. this shot
being from without; that there
was a bullet hole in the north wall
OF the room near the northwest corner of
the room; that on the west wall near the
northwest corner of the room and furthe,
north than the bench, there We're two
bullet marks; one ball entering the wall
ana one not; that here leather strap with
tack in it hung on the wall: that two
shoemaker's tools, bearing bullet marks
were picked up off the floor; that the
marks OF the bullets on the west wall
must have been made by shots fred from
the door. 1i0ii
9 Duffy, a witness for the defense. testi-
iled that he picked up Riddles pistol and
found two chambers empty-6ne fresh
hlied. The injured tools were mt in
evidence One has a strap to it and was
Spit by a bullet. and the other has n
mole near the end of the handle and no
S;trap-there lis tack hole in the end
The hole through the handle has the an.
pearance of a bullet mark. Up
lt was IN proof by the State that after
the shooting and while Riddle was re-
celving attention Miller used language
tS 10 snow malicious feeling. On
the Other hand the defense showed NV
the witness Arons that he was the first
person TO pass after the shooting and that
Miller told him to drive on and get the
Sherlit and he would give himself nm.
that ne SAID: Il won't allow any police
man to make such a gun play on me-" It
was proved that Miller kept the people
ana police from entering for some time,
nn 18 guaranteeing to the police.
Ihe State submitted no evidence as TO
me CONDITION of Riddles pistol after the
shooting. Assistant Chief of Police Corn
wall took the pistol from Duffy-did not
examine it-and gave it to the family of
deceased. The pistol was not produced.
lhe defendant did not testify in the case
The proceedings of the trial show that
much confusion and excitement was pro-
duced by the killing and an excited crowd
collected near the scene. The officers
had great difficulty in preventing the
crowd from taking possession of the pris-
oner and in the crowd, which soon be-
came a mob, there were cries of chang
him, mob him" AS the officers We're
putting the prisoner i'm the patrol wagon
rope was put around his neck and hand
ed to- boy on horseback and the prisoner
ierked from the officers and to the ground
but owing to the crowd the horse could
not move away. AS the prisoner lay
upon the ground, the mob disputing the
possession with the officers, a man struck
him over the head with gun. En- route
another rope was placed around the pris-
oner's neck, but the officers prevented
injury. AS the prisoner was being placed
in the Jail enclosure an attempt was made
to shoot him. In the evening a large
crowd assembled in the city hall and
speeches were made, the prevailing senti-
ment manifested being for lynching, even
if it was necessary to destroy the Jail.
Another mob assembled at the jail at
night, but trouble of a serious nature was
prevented by the frmness and resOlute
bearing of the sheriff and his officers and
the police. In about month the prisoner
was tried and the inference seems to be
warranted that much of the popular feel
ing and excitement still existed at the
time of the trial, though no disposition
toward violence prevailed.
With the application is a written state
ment by Miller that both Riddle and
Early shot at him as soon as they reached
the door and before he put down his tools
to take up his pistol, and that the two
balls struck the tools hanging upon the
wall behind him; that he fired his first
two shots at Riddle, killing him.,
The case was tried before the Hon.
Charles Fred Tucker who writes a letter
to the governor asking and recommend
ing a Communication. He states: although
in my Judgment the conviction was just
and proper under the facts and law, all
that | have heard and observed of
MILLER, his character and con-
duct since his Incarceration,
satisfy me that he is a worthy subject of
executive clemency. He is a peculiar man,
old bachelor of retiring habits, without
friends OF associates and desiring none,
concerning himself not at all in the affairs
of his neighbors, and believing they. had
no right to be concerned about his private
affairs. | believe he intended to Kill them
1.-THE policemen if they should undertake
TO arrest him and he did so. Which fired
the first shot it is difficult to ascertain.
Nv own Judgment from the evidence is
that the first shot was fired by one of the
policemen while Miller was reaching for
his pistol, two of which he had laid con,
venientlv by his side. The sheriff and
taller tell me that he has been model
prisoner and has secured the good will OF
the iail officers. His bearing at his trial
and when sentenced was exceptionally
good and absolutely free from affection OF
any sort. He was serious but fearless.
He expressed himself as satisfied that |
and the jury had given him fair and I'M
partial trial. He said, however, that Whlle
the Jury were justified in their verdict by
the evidence, the truth was that the police
fred the first shot and that he hred only
TO protect himself, believing that the ofhc-
ers had come there to kill him. lie sald
that he had become recOnclled to ms RATE
and was ready to die and that he had no
bitterness in his heart against anyone.
even the witnesses against him. olfered