The age-herald., 1901-02-14
STILL THINKING
 OVER HIS TRIAL Frank Miller Writes a Card to
 The Age-Herald
SPEAKS OF THE EVIDENCE
Points Out Discrepancies in the Tes- tmony-Reafflrn Ills Innocence. Pays Ills Respects to Mir.
 Papageorge.

Frank Miller a member of the alleged gang of crooks, who is in jail under sen- tence of death for killing Policeman Kirk ley and Adams in March, 1900 is still breeding over his trial, which he says was an unfair one His case is now in tho Supreme Court on appeal.
 The following statement has been re ceived from him by the Age-Herald in which he points out additional discrepan- cies in the evidence produced against him on his trial:
 Birmingham Ala, Jail, Feb. 13, 1901. To the Press and Public.
 Knowing that constant dropping will wear away stone." and that truth will rise triumphant hope by constant reit- eration of facts already stated, and such others as drift in to me, to arouse enough Interest In some of the tustice-loving cIt izens of your city as to cause them to give my case at least a casual investiga- tion.
 John Papageorge, who runs a fruit stand, corner of Third avenue and Twen- tieth street, was the strongest witness for the state against me Analyze his state ment upon the stand. He swore positive ly that he saw the shooting and the man who did 1t had one or two weeks growth of beard upon his face. Compare this statement of the barber who shaved me that morning. Again, the night was ar rested he failed to identify me, but four days later he Swore positively that l was the man, and gave as his reason for not recognising me at the police station house office the darkness of the office that 1t was dark he could not tell negro from white man Will any man who has ever visited the station house office at night, with it's brilliant glare of aNla rta 1trrlk sane man believe that the chief of police, with his reputation at stake in finding the guilty party, was so foolish as to bring a man claiming to be an eye wit ness into room so dark that it was impossible to tell white man from a negro" to identify the man accused of the crime? I think not. Evidently, to put 1t mildly, MT. Papageorgs was "mis- taken"
 Some time ago there appeared in the papers of this city details of an alleged plot to blow up the jail in an effort to release me. Also that the sheriff got letters to that effect
 This upon its face, is too rank ca hard for any one to believe. When I asked the sheriff about 1t he so pro nounced It. People who thought enough of me to risk life and liberty for mt would most assuredly have assisted me with money for my defense, but so far the only money that have received from any source has been from my people in Germany. The press, almost without ex- ception has been against me from the time of my arrest to the present time, and they have only had one side of the story, and that the prosecution's, 1t has thrown public opinlon powerfully in the balance against me, but I do not be- lieve that either the press or the people of Birmingham care to see an innocent man hang. I, therefore, again ask that, in justice to the honor of your town, and in justice to me, both the press and pub lie investigate my case.
 I am, of course, absolutely helpless; unable to, in any way, assist myself, and can only hope that some person who, low ing the truth for the truths sake, will find enough evidence to prove my inno- , cence beyond a doubt.
 l forgot to say that Papageorge also swore that the man who shot both of- flcers used both hands, shooting first with one then the other My left hand and arm is crippled and I am unable to use it to shoot with With these discrepen- cfes in the evidence of the States strong est witness against me, and others before stated, there is bound to arise in the minds of a fair-minded public substan- tial doubts of my guilt. If so, I should have the benefit of those doubts and re- ceive whatever aid in securing further evidence may lie In the power of either the press or the public.
 I wish to thank the press for the cour- tesies lately shown me, especially the editors and staff of the Age-Herald. Re- spectfully, FRANK MILLER,
 County Jail.