The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1908-07-18
MILLER IS GRANTED BAIL
Continued from Page One.

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~ sight only; that he did not know
Mitchell; that on Sunday evening, July
J. he saw Miller talking to two other
men and that he was about fifteen feet
from where they were standing and
Miller was talking with dark COM
elected man of medium height and |
who would weigh about 140 pounds |
He did not know the name of the man
to whom Miller was talking, but he |
heard Miller say:
IF you don't let my girl alone,
will knock the lights out Of you
Hughes was asked If Miller had
said this in an angry or threatening
manner and he said he did not so con-
slider it. Asked what the other man
did when Miller said this, Hughes
replied: HE turned around and
laughed" Asked by counsel for the
State If he hadn't heard other young
men make the same or similar remarks
to each other, he replied that he had
frequently heard them.
The State called H. Cook, who
works at the depot lunch counter and
he testified that he saw Miller and
Mitchell together every day and that
they always appeared to be bosom
friends.
w. L. Logan testified that he rent
ed turnout from his livery stable on
Sunday afternoon, about o'clock to
Miller and Mitchell and they drove off
and came back about o'clock at night.
They talked together and with him
and were perfectly friendly. Theywent
out riding together frequently on Sun
day evenings.
Andrew Lee. who looks like China
man. stated that he worked in the no
tel barber shop: that Miller and
Mitchell had always been friends and
were friendly on the morning OF the
tragedy. He said the pistol that was
carried to the bath room belonged to
Joe Mitchell.
The defendant himself took the
stand next. He declared that he did
not have the pistol in his hand when
the shot was fired. He said Mitchell
had picked it up from the table and he
was at loss to know just how the pts
tol came to fire. 1t was an accident
caused in some way. He said he did
not know what became of the pistol af
ter it was fired. He had no recollec
ton of throwing it into the corner;
that as soon as he saw Joe was shot
he was so much excited he didn't know
what happened afterwards, only he
requested Caskey to get doctor a.
once He admitted calling for the
pistol. but said he never thought O
using it, that it was crowd OF friend
ly bows. He said Mitchell had the pts
toll when the shot was fired and tina
he had reached for it once before. HI
said he had taken several drinks, al
ways with Mitchell and with the otf
ers. They had gotten some liquor o.
Seventh street, but he was not drum
They were having a good time an
he never thought of harming anyone
that Mitchell must have accidental
: caused the shot that killed himsel
+ Miller's statements differed somewhs
from other Witnesses, but he answere
all questions intelligently and promp
H..
1t appeared from the testimony tn;
no witness saw Miller fire the pisto
0 Mr.. Caskey said he was not noticir
= Miller at the time and the first thin
~ he noticed after the shot was fire
was that Mitchell had been shot al
he went at once to telephone for dc
{ tor
The evidence did not show mott
for the killing, Hughes testimony /
lie ing the nearest approach to developil
N a motive.
& Senator d. M. Watkins opened
the State and he made brillia
= peech-in fact he got much more art
ment than was expected from the e
dence given. He argued "culpable nj
lie 1igence." Mr.. d. e. Sullivan, for
at defense, read and expounded the i
and court decisions bearing on
case. He was followed by Mr.. Tall
le- who as usual made great speech
defense of his client. Senator Walk
closed for the State in a way Il
demonstrated his oratorical pow
and his ability as lawyer.
rid Judge Bolton. as he mopped
his persperation from his brow, said
was tired and he supposed all the {
ers were, so he would wait until
in o'clock this morning to render his
n. cision.