Evening journal., 1912-02-15
AVIATOR
IS ACCUSED
Mrs. HaiasS Breaks Down In
Court while Tsstifying
AgainSt MiIler
HER HUSBAND is
SEARCHED FOR WEAPON

Clinton r. Miller, local aviator. who
has been demonstrating at Horse
Show Park for several weeks, and who
was arrested on the charge of assault
and battery on Mrs. Bertha B. Haines.
of No. 216 Market street, and whose
case was postponed in City Court sew
eral days ago. was given hearing
this morning. Before it had proceed
ed very far, the charge was changed
to that Of felonious assault. Miller
was not represented by counsel, but he
had several witnesses present
Deputy Judge Joslyn warned Miller
that his jurisdiction in the case
amounted to either dismissal or 10
hold him without bail for the March
term OF court. He asked Miller If he
cared TO proceed without counsel and
Miller replied in the affirmative. Judge
Joslyn informed the defendant that
the charge was as serious as murder
william J. Haines, husband Of the
woman. admitted that he searched for
miller following the discovery of the
alleged assault on his wife. Haines
was searched for weapons.
MIS-. Haines. aged 20 years. who is
rather small. weighing but SO pounds
ana dressed in a natty black suit
took the stand. She said thai she
and MIR. Haines came here about ai,
years ago from Philadelphia and
about one month ago her husband
and she answered an advertisement
% learn about aviation Miller came
TO their home and they enrolled as
pupils. The lessons were 10 be
taught at the Horse Show park and
IN Miller's room. No. 705 French
street, where the assault is alleged
to have taken place. The witness
said that when she went to Miller's
room on the afternoon of January 23
or "A Miller locked the door. She
broke down while testifying. The
womas said that she did not tell her
husband for fear that she and Miller
would be killed by her husband.
In reply to questions by Miller the
woman said she did not go TO his
room on Monday Of this week or ask
for money, saying: My God thai is
not true" Miller then asked about
a letter received from the woman on
February 6, and she admitted sending
1t and said he could show It as her
husband had left her and she was dis
tracted.
Haines. the woman's husband took
the stand and said on Wednesday of
last week his wife became i'll and
while delirious spoke of the assault.
At this the man started to utter an
epithet toward Miller, but he was
stopped by the court. He then told
Of going after Miller, who was away,
or he would have killed him. he said.
He later went to Assistant City So
licitor Lynn. to whom he told Of the
case. The arrest Of Miller was de-
cided on following a conference with
Chief Black.
AS Haines stepped from the stand
he was taken outside of the court
room and searched but nothing was
found on him.
Elwood Tilford. whose room adjoins
Miller's, said he saw the woman there
on Monday last and saw Miller give
her paper money. He also heard her |
say that she was afraid her husband |
was going 10 killed her with a razor.
John Holcomb said he went TO |
Haines' room with Miller on February |
2 and they were all on good terms. |
John w Thompson, a pupil in ayia-
tion, said Miller did no teaching at
his room.
Mrs. Nora Smith, who rents the
building at No 7O5 French street,
was called and said she saw the Haines
woman there twice and both times
the door was opened. She claimed
it was never locked. She heard no
noise while the woman was there and
saw them go out once together.
The letters that had passed be-
tween the defendant and woman we're
turned over to the court after which
Judge Joslyn decided to take the case !
lnder advisement until Saturday, when
a decision will be given. Miller was |
held without bail until that time.