The age-herald., 1900-05-29
MILLER SENTENCED TO HANG ON JULY 8 Duncan Goes to the Penitentiary
 for Life. A NEW TRIAL WAS DENIED Sad Duty Performed by Judge Greene Both Men Protested Their Inno- cence -AppealWin be Taken
 to Supreme Court
A NEW TRIAL WAS DENIED


 court yesterday passed sentence upon the two men convicted of the murder of Police Officer J. H. Adams, fixing Friday, July 6, as the date of Miller's execution, and in ac- cordance with the jury's verdict formally sentenced Duncan to life imprisonment. Pending an appeal to the supreme court, sentence was suspended.
 The prisoners were brought into court on the hearing of motion for new trial, which came over from Saturday, the an nouncement of which filled the court room with a crowd of curious spectators.
 When they came into the court room all eyes were turned upon them, but they were not disturbed by the gaze, and took seats with the same unconcern that marked their demeanor throughout the long and tedious trial Both men were neatly dressed, and Duncan was greeted by his wife, who con- versed pleasantly with them Motion for New Trial When court was called to order Attorney Montgomery, on behalf of the prisoners took up the argument for a new trial. He spoke briefly, but to the point.
 The motion was resisted by Solicitor lief lin and General Fred S. Ferguson for the state.
 Judge Greene overruled the motion, stat ing that with the same light before him he would rule the same in another trial, and that he was glad the supreme court would pass upon the case.
 After he had made his ruling he stated that he thought that it would be better to pass sentence upon the men. whereupon Mir Montgomery stated that he would file a motion for a suspension of sentence pending an appeal to the supreme court, notice of which was given.
 After consulting a calendar, Judge Greene called Duncan before him and ask ed:
 Have you anything to say why the judg- ment of court and sentence of the law should not be passed upon you?" Declared His Innocence q am absolutely innocent" was Dun cans reply. "I hadn't anything to do with the killing of these officers, nor with any conspiracy to that effect"
 Your defense has been heard by the jury" continued Judge Greene, "and by their verdict they found you guilty and fixed the punishment at Imprisonment for llle. DO IL IS lne JuuBmeHl OI tie court and the sentence of the law that you be confined in the penitentiary for life. Let Frank Miller come around"
 The man whose life had been named as the penalty for the atrocious murder arose slowly from his seat, and walking slowly forward, leaned against the judges desk.
 The silence was broken by the measured words of the judge, as he repeated the same question::
 Have you anything to say why judg- ment of the law and the sentence of the court should not be passed upon you?"
 Miller's Reply
 Miller, who was visably affected, replied in low but firm voice:
 q know your honor cannot change the findings and furthermore I am not seeking for sympathy, but I wish to say here that what said on the stand is true. I am not guilty of killing these officers. I am con fident that every policeman and every sheriff knows from the bottom of their hearts that I am not guilty. If l was a man who believed in taking life l never would have been arrested in Anniston without a pistol. The man who took the lives of those officers would always be in a position to defend himself.
 There are two men in the city of Bir- mingham today who can come up here and tell that told the truth. They were stand ing not more than twelve or twenty feet away at the time of the shooting. 1 admit shot my pistol. I got excited and ran down the street. No detective would come up here and give me any information. When they identified me I had told them the truth. When I went into this trial I was not prepared. I had no money, nobody to help me to witnesses"
 A Solemn Scene
 When the condemned man had finished speaking, Judge Greene addressed him as follows:
 Ut is a sad duty that I am called upon to discharge, but consider myself simply nothing more than the instrument of the law. It is my duty to see, as far as I can, that fair trial is had. The matter of passing upon guilt or innocence is in the hands of the jury. You remember when I charged the jury instructed them partcu- larly that was their duty, and it would not be proper for me to express any opinion as to guilt or innocence or any kind of an opinion that I might have upon this sub ject I am glad the responsibility is with the jury in a case like this.
 'It is the judgment of the court and the sentence of the law that on Friday, the 9th day of July 1900, at the place appointed