Weekly journal-miner., 1918-07-17
SAYS HE
 KILLED MILLER TO
 PRESERVE HIS HOME
(From Fridays Daily.)

| (From Fridays Dally.)
 The net result of the activities oi the opening day of the trial of Harry Earl Stephens on a charge of killing Robert Miller in this city on April 2d was the examination of ten State witnesses and the disclosure on the part of the defense of at least one of the clements upon which it proposes to refute the charges made by the State. Cross-examination of one of the States witnesses during the after noon session disclosed the fact that the defense was inclined to dwell upon the question of whether young Stephens was in his right mind at the time he fired the fatal shots into Miller's body at the Bruchman cloth ing store. It is certain however, that this will not be the primary element upon which the attorneys for the de- fense will attempt to clear the youth, but is merely one of tine ramifiCations of the situation upon which this com plicated case will be fought out.
 A large part of the testimony Giv- en yesterday was practically re2e- tition of that brought ont at the pre- liminary examination which was held before Justice of the Peace Mclane on April }, 4 and ,. All of the wit nesscs who were put on the stand yesterday told the same story, and a great deal of care was taken to es- tablish the relative positions of the actors in the tragedy. The day was mostly given over to descriptions of the actual shooting, all of those who testified having been eye-witnesses of the affair with one exception.
 Bruchman First Witness.
 Oscar Bruchman, proprietor of the store in which the homicide took place, was the first to occupy the witness chair. He was asked as to whether the arrangement of the counters and showcases in the store was the same now as 1t was on the day of the shooting. The witness said that nothing had been changed.
 ]. William Waara, civil engineer, was put On the stand and offered a large map of the stores interior which had been made at the direc- ton of the county attorney. MT. Waara explained his map and the same was admitted in evidence as States exhibit "A".
 Was Present at Shooting.
 Sylvester Magee, a young ranch hand, who was with Miller on the fatal afternoon, was the first witness to be asked for details of the killing. Magee said that he had known Miller for a long time and that he met him here on the afternoon of the shoot ing, at ? o'clock He remained with him for short time and then left Miller. He saw him again at 3:3O, just a few minutes before the en- counter with Stephens took place. Miller had earlier in the day bought a suit of clothes at the Bruchman store. and in company with Magee started down there to get 1t. They entered the store and were about to depart with the clothes when Steph- ems came in. Stephens and Miller passed each other, and then the for mer suddenly turned and fired into Miller's back with Colt 3S. Magce said that he saw the bullet hit Mil Ter. the shot making a small brown mark on the back of the victims coat. Miller turned so that he faced the defendant and began to crumple before he dropped to the floor. Bud at that moment stepped around so that he was again behind his victom and fired two more shots into the Drostrate form Miller was then ly- ing on his face on the tile floor, and Stephens continued to pump lead into the mans back until his gun was emptied.
 Magee declared that owing to the proximity of the whizzing bullets he became somewhat excited at this point and duckcd. He did not have very clear knowledge of events which took place after this time.
 Clerk Tells of Killing.
 Wirt King, one of the clerks in the Rruchman store took the stand when the afternoon session opened at two o'clock. King. who was right in the midst of the excitement incident to Millcr's taking off, told of the ar rival of young Stephens in the store the fatal afternoon. The witness said that Bud had stepped into the store. and King, believing that he was a customer, went forward and asked the youth what he wanted Bud re- piled to the question by asking where Mir. Bruchman was. Miller was just on the point of leaving the store, and King said that Inc had stepped to the front door and was in the act of open ing il when he heard a gun discharg- cd about three feet behind his back. So close was Miller to Mir. King, that in falling, the foot of the victim fell against King. Stephens fired two more shots as Miller fell to the floor, the witness said, and then shot the man several times after he had drop ped to the tile Bud then walked to- ward the front door, opened the gun, elected the empty cartridges. placed two new shells in the cylinder, and fired both of the bullets into the body of the man on the floor. Miller was lying on his face by this time the clerk said. King also became vic tim of acute fright just then and slid