Evening journal., 1912-02-17
MILLER CASE
AGAIN GOES OVER
Aviator Accused by Woman
Will Hear Judgment on
Tuesday

Philip L. Garrett counsel for Clin-
ton X. Miller, the aviator. who was
given hearing on Thursday in City
Court on charge of assault and bat
terry, and later charged with commit
ting felonious assault on Mrs. Ber-
tha B. Haines, had the case reopened
in City Court this morning. Following
the hearing on Thursday Deputy
Judge Joslyn reserved decision until
this morning. Today the court held
up decision until Tuesday.
Mrs. Haines, the prosecuting wit
ness this morning retold the story as
unfolded the other day, after which
she was cross-examined at length by
counsel for Miller. A letter sent by the
woman to Miller, following her decla-
ration of the assault TO her husband,
was submitted and identified by Mrs.
Haines In il she warned Miller to be-
ware of her husband whom she said
was looking for him. The letter also
contained a request for money. She
| also promised to write the following
day. Mrs. Haines said her husband
had left her and she was frantic and
did not know what to do.
Mrs. Haines refused to say why
she and her husband had separated
about year ago Haines, on the
stand, told Of his wife being sick on
Wednesday, January 81. When fear
ing she was about to die, he said she
told him she would leave a letter, ex-
,plaining all. On the following Sunday
Haines said his wife told him of the
alleged assault After Dr. II. w
Howell had testified, Miller swore the
woman came to his room on January
%, describing in detail his movements
that day and the following day. He de-
MED assaulting the woman. He said he
gave her So on Monday, February
when she came to his room and SAID
she was leaving -her husband. who
had choked her. In reply to a question
Miller said he gave the woman the
money to help her
Miss Nora Smith, the boardinghouss
keeper at No. 705 French street
where Miller roomed, and where Mrs
Haines said the assault took place
said she saw Mrs. Haines in Miller's
room. Miss Smith said Mrs Haines
had declared Miller to be a gentle.
man.
Under cross-examination Miss
Smith said the door of Millers room
was open and the transom was like
wise.
John Holcomb. a friend OF Aliller'
said he was in Miller's room severa
times on the afternoon of January %
but Miller was out. Finally at 5.3C
o'clock he went back and met Miller
and Mrs. Haines. Holcomb said tho
woman left while he was there. Hol
comb said Mrs Haines did not ap
pear nervous at the time.
Edward Miller. father of the. de
fendant. said his son was "a years OLE
and had never been in trouble before
The father and mother both said the.
spent the greater part Of Wednesday
January "a, with their son. They ha
dinner together
Mahlon c. Horner, a store keepe
at No. 103 West Ninth street, sal
Miller was at his place on Wednes
day, January a.
Elwood Commerford, whose ROOF
adjoins Miller's said he saw the We
man at the house on February 3. II
heard the woman rapping on the doc
After Paul Mcdaniel had testified 10
Miller Mrs Haines was recalled an
denied being at Miller's room o
Monday, February 5, or receiving an
. money She said she boarded Darb
car at Third and Market streets {
about 7.30 o'clock that morning an
spent the day with her parents
g Harvey station.