Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-02-25
MILES To SAY HE
KILLED IN DEFENSE
OF SELF AND HOME
Victim Armed and Threaten
ing to Kill When Fatal Shot
Was Fired to Be Plea of
, Man on Trial for Murder

! "Self-defense and the defense OF MS
home,~ will be the plea of J. H. Miles, on
trial for murder in the Fulton superior
court. He will claim Anderson NJ. Eady,
the man he killed, was armed. threaten
| ing to kill. and endeavoring TO break
| into Miles home, % East Ellis street
Miles. who has made no statement
since saying there was nothing else TO
| do but shoot" when taken TO the police
station after the killing on the night
| OF January Is. is expected to take the
stand and tell his story to the jury
Thursday afternoon.
| IL is expected that Miles statement
will be vety similar TO the testimony
/ Of r. q. Johnson, a dental student VINO
boards at Miles home. Johnson's testi-
mony was the feature of THURSDAY
morning session. he was an eyewitness
| OF the shooting. And his testimony diff
| fers widely from that of Eady's sister
Mrs Elizabeth Berkey.
Johnson said. in brief that Miles
house Cvhere men and women boarders
II:vel was completely terrorized by the
conduct OF Eady out in the street: that
Eadv fred a shot at a man (ShugarD
and then was heard TO curse terribly
after which ne was seen struggling with
a woman (his sister,.
Johnson said when Miles went out to-
such language, that Eady reached for
his hip pocket and pulled out a revolver
Johnson said Miles tripped Eady with
his foot and then turned TO go back into
the house. That he shouted TO Miles TO
look out. as Eady had a gun And then
hid behind the piano. said Johnson.
II found lady already in hiding there
I other ladies in the house were hysterical
with terror"
Johnson said someone screamad that
| "the man is killing the woman outside,
and that he ran out to the sidewalk and
, saw Eady lying in the gutter and said,
] Let's hold him for the police" but that
he backed away when Eady s sister
begged him TO leave
he said that Miles telephoned for the
police, and was then trying to find a key
| To lock the front door when Eady broke
through the door, with his hand on his
/ hip.
4 screamed out. For Gods sake. Mr..
Miles. don't let him come in and Kill us
air A" said Johnson.
Then, Johnson testified. Miles fred,
the bullet stopping Esdy and dropping
him halfway across the threshold.
SHOT AT HIM
John Shugart. 10 Angler avenue,
was the first witness for the
defense Thursday when court reconvened
1T Q o'clock His testimony contradicted
i that OF MIS-. EAlZdDGNn bGfhENs SISA6t
OF Eady She said Wednesday that Eady
fired his pistol into the ground at the
corner OF Ivy and Ellis streets a few
minutes before Miles shot him i'm from:
of - East Ellis street. She was with
/ him at the time. Shugart, however, tes
titled that Eady fired the revolver at
him. cursing him soundly, and saying,
between Oaths, that no man could in
suit his sister.
/ he shut
CART. when l heard Eady curslng and
saw him and his sister. She was evident
/ IL trying TO keep him quiet out he kept
OH talking about somebody insulting. his
sister.
HE saw me. and saying. There's that
man across the street now" leveled his
revolver and fired at me.
Il got behind a post; he didn't shoot
again. When he fired his sister had her
hand almost on the pistol, as if trying to
i keep him from shooting" e.
WITNESS QUIZZED.
/ Solicitor DORSEY cross-Guestioned Shu-
CART, but failed to shake his testimony.
G. +. Mcdaniel photographer. was
the next witness called by the defense
He testified that he turned into Ellis
street from Peachtree street just before
1.-THE shooting occurred. He saw A man
living or the ground. he said. with
woman bending over him; the man was
cursing and apparently splitting blood
i Between curses he said over and over
again. iii Kill him if live I'll Kill him
i # / live"
! CrosS-questioned Mcdaniel said he did
rot see anybody kick Eady. that he
! reached the scene just in time TO sec
Eady lying on the sidewalk.
MISS PAYNES TESTIMONY.
! Miss G. =. Paynt, one of the occu-
pants of the boarding house at No. %
VAS the next witness.
u was on the front porch when I
saw this couple coming up Ellis street"
Z said Miss Payne. Il heard the man shoot
end I was afraid and went inside the
Eouse. MIR. Miles had his pistol and
went 10 the telephone To call up the
police. one OF the gentlemen i'm the
house tried to take the pistol away, but
SIr Miles wouldn't give it TO him."
! Miss Payne said she was frightened.
SO she went upstairs and carlc out on
the front porch on the third floor over
looking the street. where she said she
could see Eady lying on the ground and
battling with his sister and could hear
/ him cursing and threatening to Kill
/ Miles.
MRS BERKEY'S TESTIMONY.
! The states whole case 30. far rests on
I. the testimony OF Mrs. Elizabeth Berkey.
\ sister OF the dead man. airs. Berkey
was on the witness stand for an hour
/ and twenty minutes Wednesday after
y noon. She told an detail the events at
I the time Of the shooting.
; Her statement was dramatic, she said
/ she pleaded with Miles not TO kill ner
I brother. she said Miles deliberately
\ went back into his house and. came out
with a pistol and shot her brother down
7 IN cold blood. she arose in the witness
Z stand and pointed Miles out as the man
I who killed her brother. She referred TO
! her brother as my darling" and "my
/ pet" After leaving the stand, sine col
/ lapsed.
OTHTE WITNESSES
other Witnesses Thursday were 4 -.
johnson. a dental student, who told Of