Amador ledger., 1903-03-20
AN ELECTION FRACAS|
A. G. Miller Acquitted on Charge of
Assault With Deadly Weapon.

The trial of A. G. Miller for assault
with deadly weapon upon one ''Red"
Phillips was commenced in the superior
court Monday morning. The trouble
that eventuated in the criminal prose-
cution arose during the last political
campaign. The parties are residents
of lone. On the 31st of October the
republicans were having a jollitication
in that town, and doing their best to
put the city of the valley in favorable
mood for their side of the poll tical
household. A. G. Miller was whoop-
ing it up with the rest of the party.
and carrying the whoop far beyond
the hour of midnight. The story as
told from the witness stand by the
witnesses for the prosecution, namely,
Il. G. Phillips, Hamm, j. E. Kelly and
others, went to show, that about 8
O'Clock on the morning of November 1,
Miller and Red Phillips met in the
saloon of w. A. Amick. Phillips on
seeing Miller said to the barkeeper,
Here's the man who wants to bet
500 on Pardee." Miller denied that
he had ever offered to bet. Thereupon
the veracity of each was disputed by
the other in language more emphatic
than polite, and bitter feeling created.
The saloonkeeper parted them, saying
he would have no fighting in his place.
Miller offered to conclude treaty of
peace if the other would take back
his words. This Phillips refused to do.
Miller then stepped outside, and
Phillips soon followed Miller as soon
as he got within range struck him in
the face. r. L. Phillips, cousin of
the party attacked, was seated on the
bootblack stand outside, and jumped
Miller, knocking him down, and con-
tinued to belahor him while down. He
asked Miller if he would "be good" to
which he made no reply. At length
Phillips discovered that Miller had
gun, and called for assistance. A saloon
man named Hamm came along and
caught hold of Miller's hands as he Law
prostrate on the sidewalk, feeling for
the pistol. AS bis hand approached
Miller's wrist, he felt twitching of
the muscles of the hand and the weapon
went off. At the discharge of the
pistol, those present scattered in all
directions. No one claims to have
seen the pistol in defendants hand.
Miller himself was the only one hurt
in the shooting. The ball made a
glancing wound in his right thigh, and
entered the calf of the left leg. His
ankle was severely sprained also. He
was removed to the hospital for treat
ment, and remained there for weeks.
He is cripple yet on account of the
mix-up. He was treated by DIR. Frary
soon after the shooting, and by DR..
Gall at the hospital.
For the defense, the witnesses were
Messrs. Munson, W. Amiok, A. Huff,
DR.. Frary and the defendant.
1t was shown that Phillips made the
first move to strike Miller in the saloon.
Miller saw the two Phillips in CONVEX
odblOuy duu uo COuCluu6Q budb du dU-
tack upon him was planned. That
when outside the elder Phillips as
sumed menacing attitude, aud he
struck in self defense. When the
younger Phillips took a hand, and
knocked him flat, he was dazed for a
moment. On coming too he was lying
on his side, and found his pistol Slip
ping out of his coat pocket. He made
movement to put it back, when Hamm
jumped in, and the weapon was dis
charged. He carried the weapon be-
cause his house had been entered the
day before, and he had considerable
money about his person on the night
of the affray. Witness Huff said that
Hamm admitted to him afterward that
he might have caused the pistol to be
discharged himself. G. II. Crocker
represented the defendant, and District
Attorney Vicini conducted the prosecu-
ton. The jury comprised the follow
ing citizens: Nj. Robinson, c. Tonzi.
G. j. Votaw, ]. F. Goodman, Alex
Eudey, A. Allison, r. o. Mexican,
George Miller, Joseph Pigeon, A. L.
Wait, George Courtright, and H. w.
Ford. The trial was one of the quick
est on record. The jury retired for
deliberation about noon Tuesday, and
after two or three hours returned a