Weekly journal-miner., 1918-07-17

tempted to lay the foundation for tes- timony tending to show that Bud and l Miller, the deceased, had been, to some extent at least, rivals in an af- fair of the heart It seems that prior to the killing of Miller, young Steph- ems had been engaged to marry a young woman in this city, and Clark had information in his possession which caused him to believe that Mil Ter had attempted to take the girl away from Bud, and that hard feel | ings had resulted on this score. The attorney asked Stephens if 1t were not true that on one occasion he had remarked that if Miller did not quit monkeying with his girl, he would kill him. Bud said no, he had never made such a statement. Mir. Clark said that he had understood that a few weeks prior to the shooting, Bud and his father had gone to new house which was being erected by the girls brother-in-law and where the girls father was working. The Steph- enses had a suit case containing liq- uor. the prosecutor said, and after having several drinks around, the boy was supposed to have made remark as he was credited with, to the girls father The attorney had also heard that Joe Stephens had remarked at this time that if his son did kill Mil [ Ter. he would back him in the courts with every cent he possessed. Bud admitted making the call to the new house and also of passing out the bot ] tied goods, but said that so tar as he knew, Miller had never attempted to win the affections of his sweetheart. Used No Vile Names.
 Reverting to the subject of the roadside altercation which took place on Sunday night near the Summit be- tween the Stephens father and son and the wife and three farm hands, Clark asked the lad If 1t were not true that he had addressed a large num- be of unprintable obscenities toward his mother when he found her in company with Miller, Marks and MTarlowe, and Bud told the jury that he had too much respect for the lady to ever think of using any foul and indecent language in her presence. The boy admitted that his father might have called the lady a few names, but swore that he himself had not done so, although he had ''cuss- ed out" Miller and the two other men for bringing his mother on the trip. He also said that on the evening that this fuss had taken place, Joe Steph- ems had been drinking considerable, and that some difficulty had been ex- perienced in getting the father to leave town.
 Was Armed on Monday Night.
 Clark asked Bud if it was not a fact that he had been carrying a gun at some time prior to the date he pur- chased the Colt of the Hill firm, and the youth admitted that on Monday night, just before the killing, he had armed himself with a large calibre revolver, doing so, he said, for the purpose of protecting himself against Marks, believing, he said, that follow ing a bit of rough-house which had been pulled that morning in the Reif hotel here, Marks had had designs against his life. The attorney ask ed what had become of the gun any why the boy hal felt like purchasing another one, and Bud replied that his sister, Mrs. Kunze, had learned that he was carrying the weapon and had begged him not to use 1t on anyone, and after discussing the matter with his sister, he had finally turned the gun over to her and did not know what had become of 1t.
 Says Miller Was a Libertine.
 By way of strengthening his de- fense, the boy related some of the past history of Miller. The latter, according to tine statement of the witness, had rather unsavory repu- tation in his native State of Idaho. Bud said that Miller had once told he and his father how he had seduc- ed a girl iii Idaho and that he had had to leave the State in big hurry: He said that his (Aliller's) uncle had given him I,000 at the time ot hIs flight from the northern state, and that he had spent the money m gamb- ling and drinking, and that he did not dare to return and face his people there until he had at least that much money again.
 Miller had been very much m love with Mrs. Stephens, Bud said, and just a few nights before he was kil- led had taken long walk with the lady and professed his love for her. He had asked Mrs. Stephens to elopc with him, and is said to have told her that ii she did not come willingly, he would carry her off by force Mil Ter also tried to persuade the lady to leave the same evening on the north bound train, but the latter would not consent to such proposition, the boy said, and told her son about 1t a short time later.
 State Closes In Morning.
 Only four witnesses were examined by the State during the morning ses- sion. Sylvester Magee was recalled to the stand and gave few more de- tails of the shooting of Miller.
 Undcrsheriff ]. H. Robinson was placed on the stand, and told the details of the surrender of young Stephens to the sheriff a few minutes
 F,t-n ola