Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1926-01-29

" w aA6dVA away
But could the discriminating words
be eliminated? Miller had written the
note on his typewriter in the presence
OF two servants of unimpeachable
veracity and, having sealed 1t, had
sent 1t at once to Wilson by one of the
servants. The other accompanied him.
and they returned together, as Wilson
was not at his club, bearing the sealed
note, which had not been out Of their
possession. At Miller's door they sur
rendered 1t to an officer, stationed
there on the discovery of Juzobe's
body
But the Smith brothers were law
yers who practiced on the theory that
there is nothing that one man can do
that another may not wrench from Its
real meaning and, that being the vital
point of their case, they sat up that
evening discussing 1t In every con-
ceivable aspect. The three elder
brothers did most of the talking, while
the younger smoked-and thought.
He had consumed their slender supply
Of tobacco by the time they were
ready to climb into the four-poster
bed, when suddenly he brought the
pipe down with blow that scattered
ashes In all directions. The younger
Smith had been seized by an Idea. It
was midnight before he convinced his
brothers that 1t was feasible, and long
into the small hours when, tired but
cheerful he crawled into the four
poster to rejoin them, with the as
surance that 1t would work.
When the case of the State Of Cali
fornia vs.. James Miller came to trial,
the prosecution put in the strong and
apparently impregnable case with
which the press had made the public
familiar. When II rested, the repre-
sentative of s., s., s. & 8. stated that
he should produce but two witnesses.
The cross-examinatiOn of the serv-
ants of James Miller had established
the fact that, for many months pre-
vious to the death Of Juzobe, Miller
had been accustomed to write to his
friend Wilson, inviting him to supper,
and that on the afternoon of the day
on which Juzobe came to his death
their master had, at the usual time,
typewriter note which they had
taken to Wilson's club and OF which
they Identified the envelope. They
also swore to the fact that the type
writer on which the invitation was
written had been returned but few
hours before from the repairer's.
The officers and detectives engaged
on the case all testified that no one
but themselves and counsel had had
access to the Miller premises since
the hour Of the tragedy.
Then the two witnesses for the de-
fense--a typewriter repairer and his
apprentice-were sworn. The former
testified that he had overhauled Mr.
Miller's machine, found several of the
steel types defective, and replaced
them by new ones.
At this point the senior Smith asked
his witness to put a blank sheet Of
paper Into the typewriter-which had
been brought from Miller's by order Of
the CORTLAND write the words Of the
famous message: Have killed Jul
zobe." He did so, and was about to
take the sheet from the machine
which was not of the visible writing
type-when Smith hastily stopped
him and, removing the sheet himself,
placed It face downward upon the
table
"Wlll you now" said Smith to the
court stenographer, "kindly write on
this machine the words the witness
has just wrltten2"
There was a moment Of Intense still
ness and expectancy In court as the
official complied. Smith handed the
two sheets to the states attorney,
who, the moment he glanced at them,
flushed, and then turned deathly pale
with anger and modification.
"Your honor, and gentlemen Of the
jury" said Smith, passing the papers
to the court, "the words which the
witness and the official stenographer
have just written are, as you will all
see. Identical, and read:
"Have supper with me-"
Amid the wave of excitement that
greeted this unexpected and slgnlf-
cant demonstration, the repalrer's
shop boy was put on the stand and
testified that, after his master had
laid out the new steel letters to be at
tached to the type bars, and while his
employers back was turned, he had
transpOsed some seven or eight pairs
Of letters as they lay ready to be
fastened In place, "just for devIltry,"
and had delivered the machine at Mil
ler's at once.
The peculiar result upon the first
sentence written by Miller after the
return Of the machine was then Illus
trated by his counsel In a diagram,
which he held up to view, at the same
time running a pen through the trans
posed letters It contained, and point
ing out that his client had written the
message so rapidly that he had omit
ted a space between the words with"
and tine"
Little heed was paid after that 10
the closing arguments or the judges
charge The jury had already decid.
ed the case, and after a brief absence
returned the formal verdict of mot
guilty"
It was generally considered
strange coincidence that set James
Miller free to marry the woman Of
his choice. It certainly was remark
able one that the name OF the appren-
tice should chance TO be Smith. But
II Is not at all strange that his In
valuable testimony in the case that
brought fame and fortune to the -Four
SIS should be rewarded by lucrative
position with that firm-whlch VIII IN
he near future heroine Smith. Smith,
Smith Smith n Sulth