The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-24
STEWART ON STAND
Murderer of Tom Miller Tells
His Story.
SHOT IN SELF DEFENSE
Case viii Go to the Jury at
Noon Today

the name Of Ed Stewart, for the murder OF
Tom Miller. took the stand to testify in his
own behalf yesterday in the district
court He seemed less perturbed than did
many of the witnesses, and at 10 time
during the fierce cross-examination of
Prosecutor Amidon did Fitz Simmons ex-
hibit the least sign of weakness. nor did
he show any remorse for the crime he had
committed Mr. Amidon succeeded in mix
ing him a little in his testimony how
ever The murderer claimed that he shot
purely in self-defense, but failed to cor
roborate his own testimony given at the
preliminary. He gave as his reason
for changing his testimony that he did
not want to play into the prosecutor 5
hands at the beginning and told tales cal
culated TO throw him off.
Fitz Simmons said that he acquired his
name "F'itz SimmoBs" in PhiadelDhia,
from gang that he used to work with;
that it was merely d nickname. He is
much-traveled coon. On the stand yes
terday he said he was born in Washing
ton. d. c, and lived there about nineteen
years, when he acquired a migratory habit.
He was in Boston two years, Philadelphia
quite awhile, Cleveland two different times,
Akron a year, Baltimore six months, Den
yer three months, Pueblo seven months,
Las Vegas, n. NJ, five months, FL Paso,
Tex, four months, Oklahoma City, one
year, Topeka two months, Parsons a few
weeks, Kansas City four days, Eureka
Springs and Guthrie. from which place he
came to Wichita. His testimony was in
terspersed with smiles, and no man in the
room had better countenance than ne.
Attorney AmidOn asked permission to
bring IN Lake Anderson, Miles Parker,
Walt Robinson, Ike Patton, William Dent,
William Hargrove, Henry James. W. r.
Hardy, J. Coffey and Mrs Sarah Topp to
testify to the good character Of deceased.
All testified 70 having known Tom Miller
and that his reputation for peace and
quietude were good. Nearly all of these
had been members Of a church, but had
long since gone the way of the world. as
had. also the deceased, Tom Miller, before
his death.
Allen, witness for the defense. testified
TO the good reputation of F'itz Simmons.
and another of their witnesses by the
name Of Morris testified to the bad reputa-
ton of the deceased, Tom Miller. All this
testimony viii be considered by the Jury
in accordance with Judge Dale's instruc-
tons. All other testimony in the case was
about the same in effect as that brought
out in the Eagles report on the morning
after the murder.
The testimony was all in at 4:3o D m.
and Judge Dale read his instructions to
the jury. Excluding that part explaining
me degrees of crime and other features of
law, the instructions are as follows:
The information in this case charges the
highest degree of felonious homicide known |
10 the law. that is. murder in the first
degree and under the information. If the |
evidence requires it, as explained in these |
instructions. you may find the defendant |
guilty Of either murder in the first or sec
md degree or of manslaughter in the
first. second, third or fourth degree. or
assault and battery, or you may find the
defendant not guilty.
You are further instructed that tho de-
tendant in this case admits the shooting
and killing of Tom Miller. but as a de-
tense thereto claims that in so ding ba
was acting in seIf-defense. And 1non
this you are instructed that one NAV de-
fend himself with deadly weapons from
& felonious assault. if necessary to pro
7ect MS person from such assault. but 2
non-felonious assault upon ones person
fhat Is, an assault not made under sucb
circumstances and with such means and
under such appearances as to Justify the
belief in iminent danger or great bodil,.
narm 10 the person. may not he resis+o5
with deadly weapons. He NAV resist non
felonious assaults by the use of e,c,
weapons or means as may he necessary
10 repei the same. but not TO the extent
OF taking or eudangerinC life. You aro
instructed that II you find from the evil
"ehce mat the defendant while on the
wax met the said Tom Miller and shot
AT SAID time said Miller advanced toward
MIN IN threatening manner or made dom
"nstrauons Of q threatening character
and that said defendant. at the time b.d
reasonable grounds to believe and IN GOOD
faith did believe that Miller iutenda5 -
take his life or do him great bodily, harm,
the defendant was not obliged IN ratrca+
nor 10 consider whether he cou.5 ears,,
retreat. but was entitled 10 stand ~.
ground and meet any attack made imam
MN III such a way and with s,1,b f,rco
as under the circumstances. he AT tho
moment honestly believed and had reason
able grounds to believe was necessary n
save his own life or protect himself from,
great bodily injury. And. a Marty a.
saulted is justified in acting upon the
facts as they appear to him at the tim,
ana Is not to he Judged on the facts as
they are And while one may act in
defense Of his person upon supearaDces NJ
danger, appearances which impress them
serves upon the mind of an ordinary nm
oeni. cautious and self-possessed person
as dangerous. And one may not shoot
at or take the life OF another siunlv
through fear Of such other person. or sim
Ply because such other person may have
threatened his life. i such fear or threat
are unaccompanied by appearances Of dan
ger. as therefore, instructed.
You are further instructed that evi5a,c,
has also been introduced upon the mart ~
the DEFENDANT tending 10 show his good
hsracter as peaceable citizen prior 10
the alleged shooting. In his connection
YOU are instructed that suc1 < ~ ~ -
sidered along with ali other evidence in
the case in determining the guilt or in
nocence Of the accused. In other U-or,ys
IN determining whether there IS or is ro-
reasonable doubt as 10 the guilt Of The
defendant. You are to consider tho ~;
nence relating 10 his good character and