The age-herald., 1901-06-08
Facts About Murderer Miller.

There is a serious misapprehension on the part of the newspapers and the pub lie respecting the cases of Frank Miller and Frank Duncan. the condemned mur- derers of Policemen Kirkley and Adams" said a learned jurist yesterday. a man who gave the closest attention to the now famous trial.
 "Millers own evidence saved Duncan for the time being from the gallows Mill Ter swore a man called New York Harry, and not Duncan, was with him when the firing occurred and New York Harry, and not either he or Duncan, was the man who killed the officer for whose death Miller Is sentenced to die and Dun can to life imprisonment.
 "Millers testimony was enough to create in the minds of the jury just enough doubt of Duncans guilt in, the murder of Adams to save Duncan's neck on that charge, though he may yet be hanged for the murder of Kirkley, with which crime he stands indicted.
 Miller acknowledged on the witness stand that he was present when the two policemen were killed. that he had pis- tol, and that he fired that pistol-in the air, upward, as he swore
 "There cannot he any dorl as 10 Mll- ler's presence on the scene of the double murder when it took place, nor any doubt that he was armed with pistol and that he fired the pistol, for he himself so tes- tlled, I am not saying that he commit ted murder-the jury found that he did but I merely wish to remove the misap- prehension under which newspapers and the public alike are laboring.
 Read between the lines. the published letter of the German consul regarding Miller's death sentence conveys an inn pression that is entirely erroneous and is very hurtful. Miller, the German born man, Is condemned to death, while Dun- can the American, Is let off with life imprisonment because of his share in the murder of Adams. The inference Is clear. Racial considerations shaped in part the verdict of the jury. That is ab- surd and wholly unwarrantable. The Ger mans sworn testimony, saved the Ancri- cans life under the particular charge of Adams. murder The German swore in effect that Duncan was not present when the shooting took place, but that another American, New York Harry,' was pres ent and was the guilty man.
 ''This much I say simply because I. needs to be said. It E the truth of the testimony as given in court by Miller him. self. Miller saved Duncan from the death sentence. The merit of the contention for a communication of Millers sentence. de- cline to discuss.
 "The dangerous illness of Governor Sanford has, of course, direct bearing on Miller's appeal for clemency." said an other lawyer. Miller has now but three weeks of life before him. Governor sam ford's condition is perilous. He has been very i'll for month, and with ;he bes. that can be hoped for, 1t is scarcely possi- ble that he will be able to personally ex- anime the papers in Millers case, as 1t Is believed he desired to examine them. The papers were sent to the Governors office two weeks ago, and they may now be in the custody of the railroad commission in its capacity as an advisory board of par dons."
 II IS ufueTStoOu tilal SoHCitoI llShii anu Hon. B. M. Allen, who prosecuted Miller, have filed most emphatic protest against clemency, they holding that the com mutation of Millers sentence would have the gravest consequences with the large criminal class in Jefferson County, class which commits about sixty murders a year. These distinguished lawyers fur ther hold if is understood that the hang ing of Miller will have most wholesome effect In deterring other would-be mur- derers.