The San Francisco call., 1896-02-28

kins, and Butler Miller. his slayer, did not
pose as the hero that all accounts of the
tragedy hitherto given has made him ap-
pear.
On the contrary, he was from the open
ing question put to him by the Coroner
placed in the attitude of defendant on
trial.
Captain Lees, chief OF the detectives, has
theory that Miller is guilty of having en-
| ticed the alleged burglar into the house
and killed him-enticed him there for that
purpose.
The theory. so far from being a mere
theory. was supported by testimony of a
startlngly direct character. \ mana
tramp-was produced who said that on the
night preceding by one that of the killing
he had been invited by Miller to come 10
the house with the promise of a reward.
He absolutely identified Miller and pro-
duced paper said to have been given him
by the butler, upon which directions were
written how to find the house This writ
ing was compared with others, which
Miller acknowledged to be his own, and
they bear some striking points Of similar
lty. Other evidence strongly corrobora-
tive OF this theory was presented.
On the other hand Miller denied all
knowledge of Hays and his note and is
the members OF Franklin's family. Frank
lin himself declares himself ready to stake
his life and his fortune upon the boy's in
nocence.
AS for Miller he carried himself through
the ordeal with quiet confidence. wholly
free from any sign of either fear or
bravado-llke the modest hero that he still
| is in the eyes of the Franklin family.
Miller was placed upon the stand i'm
mediately upon the impaneiing of the
jury. He sat on the opposite side of
table, at which the Coroner, Captain Lees
| at his side. was seated. The young man
carried his hand in q sling and his
wounded throat was wrapped in white
bandages. He is handsome young
fellow, with regular features nodded on
strong lines, brown eyes and brown wayv
hair. His beardless face was pale when he
took his seat and his attitude was one OF
| detection, his head dropping, and eye<,
! turned away from his questioner, rested
| upon and followed the swift fingers of the
stenographer upon his left taking down
question and answer.
With the first question of the lpquisitor,
couched IN the sharp, stern voice OF the prac-
tlced prosecutor the blood began 10 rise
into the pale cheek of The witness and
continued so 10 10 until it turned a deep
crimson as question by question followed
one another, demanding the story of mis-
whole past life.
Not that any answer to the whole list
gave occasion for shame, but he seemed TO
feel that lie was defendant there.
Gradually, however, he aroused himself
under this realization, and after time
turned 10 face his questioner, and allowed
his ewes to rest upon him in a level, steady
way HAT had the effect of taking some.
thing from the sharpness of the inquiry
By the time the questioning had covered
the space OF the young man s past life and
the night OF the burglary had been reached
he mofest bearing and frank answers OF
the young butler had won him the svmpa-
thy OF the audience. 1t was evident that
lie was feeling the sharp tone of the in
quiry, but he had not been BETRAYED into
the slightest disposition to make a sharp
retort or all evasion. He told the story OF
his encounter with three burglars, and of
one of them being lett with revolver at
lis head to guard him, and OF how ne,
taking his opportunity. attacked the man
and wrestled with and exchanged SLOTS
with him until he became unconscious.
Then Captain Lees whispered to the
Coroner ana the Coroner asked him to
illustrate upon the body of 0. II. Heyne-
man, Captain Lees private secretary, just
how he made the attack. Heyneman
stood up. He is slim, but well built
young fellow of six feet in height Miller
rose up.
Miller, not so tall as the other by