The Birmingham age-herald., 1907-08-02
MILLER IS HELD ON MURDER CHARGE Refused Bail He is Remanded
 to JaiI THE HEARING WAS BRIEF Many Friends of Fred w. Rainbow, the Murdered Man, Were Pres
 ent at the Trial Yes
 terday.
THE HEARING WAS BRIEF

| "i'SiHOoh at o.@o 0 CLOCK by Judge l. H.
 Benners, judge of the first division of
 the inferior court. who heard the case | For the sake of convenience and comfort Miller was given his preliminary hearing
 in the first division criminal court room
 in the county court house.
 Considering the serious nature of the
 charge against Miller, the hearing was
 unusually short. The trial began yes
 terday morning shortly after 10 o'clock
 and was concluded at 3:3O in the after noon, and an hour and a half of this
 time was utilized for dinner.
 Miller was brought into the court room
 about 10 o'clock by deputy sheriffs and
 appeared to be perfectly calm He was | neatly dressed and met the stare of the
 crowd in the court room without any show
 of emotion whatever, although he knew
 that very few, if any, of the men thero
 were his friends. As the trial progressed
 the room gradually filled up with friends of the deceased saloon man, who met death at the hands of the defendant
 Miller, as the defendant was repre- sented by Attorney Benard L. Chapel,
 and the interests of the state were looked | after by Assistant Solicitors J. B. Ard
 and John P Abbott, with Solicitor H. P. Hefin assisting. Both the lawyers for the state and the defense announced ready for the hearing, and then a number of | witnesses were sworn
 Rainbow TestyfIes.
 The first witness puaced on the stand
 was Christian T. Rainbow, a brother of 1 the late Fred w. Rainbow. MT Rainbow stated that he was not in the saloon at the time when the defendant Is supposed to have inflicted the awful wounds upon
 his brother, but that upon being notified
 of the cutting he hurriedy wer to the saloon. MT. Rainbow descrbeL o the court the wounds inflicted by the knife in
 the hands of Miller. He stated that one wound extended entirely across the abdo- men, and another one was so deep that
 1t exposed the liver. The third wound, he stated, was inflicted In the groin and
 the fourth in the abdomen.
 MT. Rainbow then stated that after reaching the hospital his brother seemed
 confident that he had been mortally 1 wounded, and told him of the affair as | 1t occurred In the saloon. He stated that | the wounded man told him of the cutting | to the effect that Miller had complained | to him that a negro employe had insulted
 him. He added that Fritz" humored Mil- | Ter by saying that the negro would be dis | charged. He then applied opprobious epi- thets and Rainbow informed him that he couldn't use such language in his place and must get out. "He jumped at me like lion and cut me with long knife fol- lowing me into the alley and cutting me
 the last time." Rainbow Is quoted as say ing.
 Knife Introduced.
 The knife with which the fatal wounds were inflicted was then introduced. It was a spring back knife with a blade
 several inches long, and still bore the blood clots on it. Upon cross-examlnation
 MT. Rainbow answered the questions of the attorney very briefly, simply saying
 yes" or mo" when the words would sui flee.
 Former Sheriff Joseph s. Smith Was the next witness placed on the stand. MT. Smith stated that Miller had come from the colored department of the saloon into the white department and complained to
 MT. Rainbow of the conduct of one of
 the negro bartenders toward him. He continued, stating that the defendant came
 through the saloon door cursins, and said the negro porter had insulted him. MT.
 Rainbow called the negro and asked him wheat he meant by his conduct. The
 negro denied having said anything to Miller The defendant cursed him in vile language.
 Mir. Smith continued: MT. Rainbow told
 Miller that he couldn't have any such con
 duct in his place and that he would have
 to get out The defendant then attacked MT. Rainbow and after inficting two wounds, followed him up and cut him again. Miller rushed out of the sa loon
 and holding the knife above his head,
 said: Follow me, and I'll kill your We
 pursued him and caught him at First or.1T Txnfar ffafh tJ,, T
 thrown his knife into the street. Officer
 Gates and others also had hold of him, and Miller, in struggling to get away,
 nearly tore his coat off,"
 Had Knife Up Sleeve.
 Upon cross-exa imitation, the witness
 stated that Rainbow had come from be-
 hind the counter and was approaching
 Miller when cut. The defendant had the
 knife up his sleeve, according to the tes- timony.
 C. D. Nicholls, the third witness stated
 that he was in the saloon at the time of
 the cutting. standing near the door, He
 stated that he heard Rainbow tell Miller
 that he would discharge the negro bar
 tender soon as he could get man to take his place, whereupon the witness
 stated Miller threatened to kill him.
 MT Nicols stated that through friend' he had been asked if he would tesllty III DeudtI pl hllitT, lHe ITleHu intimating that Miller had plenty of money" He stated that he told the party ] that his oath was not for sale, and that he was going to tell the truth. 1 At the conclusion of MT. Nichols tes- timony the court adjourned until l o'cloeE.
 Afternoon Session. The hearing was resumed at 1:3O o'clock. Throughout the afternoon session of the | court Miller retained practically the same
 position he had at the morning session. He sat apparently perfectly calm, with his eyes fixed almost constantly upon the | witness on the stand.
 The first witness called was Haywood | Tarver, coored, who gave his occupa- | tion as that of a hack driver. He caused | much amusement in the court by identify | ing MT. Chappell, attorney for the de- | fense, as the man who had cut the de- ceased, MT. Rainbow. He afterwards fden- | tfied the defendant as the man who did | the cutting. Tarver stated that while he | was waiting for the beer to be drawn, the | colored bartender, who was reading let l ter, laughed Miller asked if they were l laughing at him, and had long knifs | in his hand. Miller had gone through ths | screen door into the white toilet depart ment. When next seen by the witness | Miller was running down the street, pur- | sued by former Sheriff Joe Smith. Bedden on the Stand. Robert Bedden, the eolored bartender in l the Senate saloon, where the cutting oc- T