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

ed the death sentence of T. p. Miller, SEN
fenced to hang, to life Imprisonment in
the penitentiary, and his reasons for so
doing are as follows, the pardon board
findings coming first in order:
The applicant on the 18th of June,
1892, in the city of Dallas, shot and kill
ed w. III. Riddle. He was arrested on
the same day, indicted on the next, and
tried in July following. The trial result
ed in a conviction for murder of the first
degree with the death penalty assessed,
and the conviction was affirmed by the
court of criminal appeals in january,
1898. The execution of the sentence has
been delayed by legal proceedings. The
application presented is for commuta-
tlon of the sentence to q life term in
prison.
u The condemned on the day of the homi-
eide, and for two days prior thereto,
lived in a house on Elm street, facing
south. In the front room he worked at
his trade of shoemaking. Near the south
east corner of the room was a door open
ing to the street, and west of the door
was a window. The room was small,
and in it were the bench and seat where
he worked. This was near the west
wall, about half way back from the front
of the room. A plank sidewalk ran in
front of the room about level with the
floor, but elevated above the ground in
front. 1t was upon this sidewalk and
near the door that Riddle was killed. On
the evening before the killing it is shown
that applicant was on the street near his
home very much excited and angry; that
he made threats to take the lives of the
two policemen ON the beat. AS to the eX-
act nature of these threats there is con-
fict in the evidence. Some of the wit
nesses testify that he threatened to kill
the first policeman that came to his house;
others that he said if they came on him
he would kill them; others that he said
that if they kept on worrying him he
would kill them and then kill himself
He also said on this occasion that he was
not drunk but crazy, and alluded to a
negro woman who lived in the house with
him. He had a negro baby on one arm
and a pistol in his hand.
Fred Floor a lad, and a State witness,
testified that he was in Miller's shop
that evening and heard him say that he
would kill that gray-headed - that
stepped upon his gallery. Upon cross
examination, this witness said that a
young man came in and brought up the
conversation about Riddle, and told Mil
Ter that Riddle said he wanted to get his
hands on him. The witness further tes-
lifted that he heard Riddle say at Coner-
y tvs saloon call he wanted to do was to
get his hands on Miller"
Riddle and one Early were the police
men ON that beat and were informed that
Miller had had pistol on the street, and
after dark they started to his house to
arrest him. They were informed that
they had better not go there that night
and made no attempt to arrest him at
that time. On the next morning Early
and Riddle started to Miller's to arrest
him, and stopped in the saloon of one
George Miller, about 70 feet from Mil
ler's shop. George Miller told Riddle
that ''if he was going to arrest Miller,
he had better take his gun, because Mil
Ter said he was going to shoot him as
soon as he got sight of him."
Early was the principal witness for the
State. and in substance testified: That
he said to Riddle they had better have
their pistols out as this man was danger
Gus; that they approached the house from
the east, keeping close to the wall. Early
with his pistol drawn and Riddle had
his club, the former leading. That just
as Early stepped in the doorway of Mil
ler's shop. Miller. who was sitting at
work on his bench in full view of the
door and facing it, grabbed his pistol
from down by his side, and just as he did
this Early raised his pistol and pulled
the trigger the pistol failing to fire. The
next instant there was a flash in his
face which staggered him, and he fell
off the sidewalk. The flash was from, a
pistol in Miller's hand While falling he
Thought he heard two snots, and when
The started to rise up Miller shot again
and again. Early ran across the street
enthusiastically, shooting back toward
the shop. He shot twice-thinks he must
have shot just as he raised up. Not
word was spoken by anyone prior ito or
duning the shooting. Miller fired just as
soon as he could reach for his pistol.
Early was just ready to step in the door
when Miller fired. Did not see where
Miller got pistol from; his impression, from
the floor. EARLY. after the shooting. found
that two chambers of his pistol were
empty; did not remember just when he
: shot or how often. ''My mind" he stated,
SIS perfect blank as to the time l fired
those two shots" Impression that Mil
Ter fred two shots at Riddle and four or
five at witness. Is positive that Riddle
did not shoot. 81 do not know what he
dill after / fell down and before | opened
my eyes. Two shot were fired before l
Onened my eyes-one at me and then two
more. If the hammer (of his pistol had
gone back far enough my shot would have
been before his NIillers) or maybe about
fine same time When he started to get
nm he looked around and saw Riddle lying
ON his back on the sidewalk. This witness
was not a member of the police force
at the time of the trial.
George Miller, the salOon-keeper who
spoke to the officers, testified that he fol
lowed them as they went towards Mil
lers: that the first shot was fired at
Early. who fell; then the same party shot
twice at Early after he fell that at the
same time Riddle had got out his gun
hut did not have time to use 1t because
Mt that time he was shot and fell: that
after the Shooting, Miller (applicant SAID
that he would not give himself up to any
noliceman-wOuld kill the first policeman
who came into his house to arrest MN NJ,
would give himself uptO the Sheriff. Inns
witness stated on cross examination that
on the occasion Miller made the threats
against the policemen he heard him say
that they worried him and that he tried
no attend to his own business and BEHAVE
himself: that Early did not pull his pistol
until after he fell; that as soon as Riddle
COT his gun out Miller shot him; that
the fourth shot killed Riddle: that Riddle
aid mot shoot: that one approaching the
sbon from the east could not be seen
from the shop. but would have to get
nearly in front of the door before he could
H. caaO