The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-29
FIVE YEARS FOR
KILLING FATHER
LEE MILLER, DARLINGTON MUIR.
DERER, FOUND GUILTY AND
SENTENCED TO PEN.

SEN ENGED I'D FEM
Darlington. N. d., July 2s.-After
being out ten hours the jury to whom
was tried the case OF Lee Miller on the
charge Of second degree murder
brought in verdict Of guilty and fixed
the sentence by agreeing that Miller
be committed to the state penitentiary
for term OF Ave years.
The jury found Miller guilty Of man
slaughter In the second degree-the
hghtest degree Of murder possible
under the instructions of the court.
The five year sentence, however, Is the
maximum penalty provided for that
degree OF murder. IT is understood
that the jury had but little trouble in
agreeing. Two men, 1t is said, were at
first In favor OF acquittal and some of
the jurors favored a much longer peni-
tertiary term for the defendant. The
five years sentence seems to be very
satisfactory for all concerned. If Mil
Ter is found to be insane later, he will
be transferred to the state asylum.
The defendant maintained an air Of
indifference throughout the trial, NUT
tering TO himself at times. The mother,
sister, wife and child Of the accused
were present at all stages of the trial,
being moved to tears during Attorney
Kelly's plea in the young mans behalf.
The jury that found Miller guilty
was composed Of the following gentle
men: Thomas Sabey, N. p. Christian
son, George Aljets, N. e. Landeene,
Calvin Rees, George Ruble, Chris Sax
land, S. III. Copenhayer, w. Y. Quarton.
r. s. Mcintyre, ]. M. Ruth and H. w.
Pewa
Interest in the case developed daily
throughout the week the trial occu-
pied the attention of the court. The
courtroom was comfortably filed or
packed at every session and scores
could not gain admission Monday aft
ernoon during the pleas of the attor-
neys.
The trial had occupied just a week
in selecting a jury, hearing the evil
dence and arguments Of the attorneys.
Monday was largely given up to the
arguments to the jury by G. B. Craven,
representing the state, and E. p. Kelly,
for the defense. Mr.. Craven for two
hours, urged that the defendant be
found guilty, and Mr.. Kelly eloquent
ly used the same space of time for his
acquittaL
The evidence of the prosecution was
built on the theory that Miller had
become addicted to the use of intoxi-
eating liquors and at the time of the
crime had been drinking. The theory
that the gun was accidentally dis
charged was ridiculed. Witnesses told
OF Miller jumping upon his father after
the old man had fallen from the eff
fects Of the wound of the alleged
statement of the old man shortly be-
fore dying that the shot had not been
an accident; of the alleged statement
by Miller, who had crawled to the win
dow of the sick room on a ladder and
said, you got just what you deserved.
The state also showed that Miller was
familiar with the use of firearms, hav-
ing a we'll stocked arsenal on the place.
AS to the killing proper, 1t was shown
that Miller had arrived home from
Barlow on the fateful date of May 4,
1910, bringing liquor with him, that he
had been drinking; a dog frightened
his team when he approached the barn
yard and he threatened to shoot the
cur, the father demonstrated with him
against tt. act; Miller went to the
house and got a shotgun, at the same
time asking his wife for revolver
which she did not procure. Miller then
told all the occupants Of the house who
valued their lives to get out, and all
got out except his wife. Miller pro-
ceeded to beat his wife, causing her
to scream. The father then started
into the house, the gun was discharged,
and the old man died from the effects
OF the wound, received in the arm, the
morning.
The defense put up a case on the
theory that the shooting was entirely
an accident, caused by the gun strik-
ing against a door and discharging 1T.
Much testimony was produced alleg-
ing to be statements from e. j. d.
Miller, the victim, generating the son
from the intention OF shooting him and
asking that the boy be taken good care
of. The defense also brought out
strongly the fact that Lee Miller was
given to occasional fits of insanity.
Two injuries to the head, one received
several years ago and the other about
a week before the killing, were said to
have given Miller intense headaches at
periods; he was said TO talk irrration-
ally at times; to have gotten up In the
night and made excursions through
out the neighborhood; to have often
threatened suicide az a relief from the
headaches. The defense also argued
that Miller's alleged statements and
actions on the night of the shooting
tended to show his insanity. Testi- 4
mony was introduced to refute the
feigned insanity theory, showing that
Miller had doctored for head troubles
for several years previous to the time
of the accident.