The Columbus journal. (Columbus, Neb.) 1874-1911, 1909-08-04

and he entered. and going up to the
bed. flashed his light upon the Diooas
spectacle of the murdered man
body. So great was his horror ana
surprise that he dropped the knife
upon the bloody sheets. and had only
Just picked it up again when the two
travelling men entered.
His trembling and fear at their
arrival he attributed to the natural
! horror of the situation and the ter
ror of the instant thought that guilt
might point to him.
with such a degree OF sincerity
| was his story told. and SO hrm was
the landlords bearing before the pre-
liminary court that he attracted many
sympathizers who believed his story
and looked upon him as the unfortu-
nate victim of a most peculiar COM
bination of circumstances.
But these circumstances we're too
patent to be ignored and Miller was
hound over to await the action OF
the. grand jury. indicted and In due
course of time brought to trial be-
fore me.
In the time intervening between
his arrest and his trial the landlord s
attitude was a mixture of terror and
bravado which did not tend to in
crease the belief of the general pub
lie in his innocence. / myself. al.
though l have always endeavored to
enter a trial free from prejudice,
had l been a venireman, should have
been forced to admit that l had
formed an opinion concerning the
guilt or innocence of the accused.
THE state naturally rested upon
the testimony, of the two statesmen
who swOre to the events of the fatal
evening and to entering the room
lust in time to find the landlord bend
ing over the body. They were both
firm in the conclusion that his terror
upon seeing them was the terror OF
. discovered guilt. l admit that de-
PENDANTS counsel should not have al
lowed this portion of their testimony
; to go to the jury. but no objection
was made to 1t.
ALSO further damaging evidence
against him was produced to the ef'
feet that he had a short time before
become liable through indOrsing a
note for a large sum of money and
that his ownership of the hotel was
. threatened in case he was not able
to raise the amount. This seemed
TO furnish a powerful motive for the
> crime. That he had always borne
q good reputation, that his record TO,
honesty was such that he might cas-
lily have raised the SUM of money hi
required on a loan, and his own story
of going to COnway's room and find
j. ing the body were all that the unfOr
e tunate landlord had to offer in hi!
own defense.
There could have been but ont
u conclusion as to what the verdict O
q the jury would be, although I am SUR
q that 1 gave them the Law without par
u TALLY. Miller took his sentence will
resignation and when l asked him I
Z he had anything to say. he arose ant
addressed the court as follows:
IS Your honor. 1t comes to ever
L man once to die. For the sake Of m
II dear wife who stood by me so nobl
e through this terrible ordeal l shoul
0. have chosen for myself differen
a. end from that which is to be my lo1
le have no fault to find with the vie,
a. the jury and this court have taken q
e. their duty. but you are making
le terrible mistake You have cOnvicte
n an innocent man. l am not guilt
st of the death of Robert Conway. l ha
IS nothing whatever to do with hi
death Some day the truth will com
s out, but l fear it will be long afte
d. l have done with this world. Ihav
d. no more to say but that am inn'