The Birmingham age-herald., 1908-08-07
Governor Commutes Sentence to Life Imprisonment and
 He Will Not Hang Today
MILLER THANKS FRIENDS
 FOR VALIANT EFFORTS
Wild Rush Made For Jail To Break the News and Scenes In Corridors
 Were Hilarious When the Tidings Spread.


 upon Clarence s. Miller to life imprison ment for the killing of Fred w. Rainbow.
 This action was taken by the chief execu- tive after going over all of the testimony in the case and after he had examined
 number of witnesses. Miller was to
 have been hanged this morning
 Matters in this case took a new turn
 late Wednesday afternoon when Judge Zell Gaston was retained by a number of sympathizers of Miller to make a final effort in the condemned mans be-
 half. These people were not personally acquainted with Miller, simply being at traeted to his case and believing that his crime had not been a greater one than
 murder in the second degree. Rush For Jail.
 A meeting was held in Judge Gaston's
 office yesterday afternoon, and when the
 governor had given his word the people
 who had gathered in the interest of Miller
 poured from the building and began a
 spirited race for the county jail to break
 the news to the waiting prisoner. Ladies jumped into bugges, and others
 rushed pellmell through the streets Chap
 lain J. J. D. Hall and Mrs. Davis the prison missionary, in their zeal outstripped
 the others and arrived first at the jail, but the telephone had already carried the news.
 Sheriff Higdon and Deputies Lee Hig-
 don and Dean were the first to approach
 the condemned cell. Colonel Higdon first
 told Miller that the governor had decided
 definitely in his case. The prisoner leaned
 breathless against the bars. and when
 the sheriff told him he would not hang he
 seemed not to comprehend 1t. The two deputies approached the bars, and he said: What are you doing here?' but the next moment the prisoners below, hearing the good news, broke out with loud cheering, and the strain which Miller
 has been carrying for so long seemed to lift off his shoulders.
 Hall First To Grasp Hand. Chaplain Hall was the first to climb
 the steps and grasp the young mans hand. Mrs. Davis, who began the move
 ment to save my life and Is really re- sponsible for the governors decision,
 reached him next, and a crowd of perspir- ing, happy faced men and women soon
 surrounded the door, Mrs Davis called for silence, announcing that Miller would
 thank the Master for saving his life. In a clear voice the man thanked providence for his life and promised to give the rest of his days to the Masters service Mrs.
 Davis made a short prayer and the hand
 shaking began again.
 The negroes side of the prison, which Is forced to keep quiet under most condi- tions, broke out in religious songs, and the old building almost cracked with the rejoicing Smiles lighted the faces of every prisoner in the white section, and
 they danced around as if their own sen ] tences had been revoked.
 Miller Thanks Friends. Miller said to a representative of The Age Herald: 'I want you to thank my
 friends for the efforts they have put forth in my behalf At one time thought all my friends had given me up, but no man ever had truer ones.
 T win thank the governor myself. His action did not surprise me very much. l | had never believed that I would hang | tomorrow, but I feel that words cannot express my thanks and obligations to the people who worked for my life" Arrangements for Conference. MT. Gaston talked to Governor Conner l Wednesday in reference to the matter, and made arrangements for a conference | in the presidents room of the First Ma | tional bank at 12:30 O clock yesterday aft l ernoon. At this meeting MT. Gaston an- | nounced that he had been unable to se- cure a few persons whom he wished the | governor to examine, and the meeting was postpond until 4:3O o'clock. This meeting was held in MT. Gaston's | office, crowd Of fully 100 people filling the place. During the interval between | the first and last meeting MT. Gaston had succeeded in finding the persons he wanted, and they were put through rapid fire ross-examination by the gov ernor.
 | During the early part of the week Gov l ernor Conner went over the evidence in the case, and he stated yesterday, before \ he went into the examination of these persons, that he was rather inclined to l let the verdict stand.
 l This conference was unique in the re- | spect that every person present, with the exception fo Governor Conner, was in favor of committing Mllers sentence A petition signed by nine of the jurors who convicted Miller and asking that elem ency be extended towards him, was sub mtted to the governor. It was stated
 that two of the jurymen had left the
 county and could not be located, while
 the other one had declined to sign the
 petition.
 At Least One Eyewitness.
 It was also established to the govern or's satisfaction that there had really
 been at least one eyewitness to the
 stabbing of Rainbow and possibly two.
 These two witnesses are said to have been travelling men and were brothers.
 It was shown that one of these men
 had talked of the matter, and that he
 was a reputable citizen. He left Bir- mingham immediately after the killing, and, while he has been in Birmingham since it was impossible to find him dur ing Miller's trial.
 An effort was made during the last
 few days to locate him. but without sue
 cess. The persons examined by Governor
 Conner in regard to this man wsra Da-