The Winslow mail., 1926-06-25
indian MILLER
bE|NCTR|EDON
CUND|FF CASE:

Calm, stoical, poised and show
ing plainly his native intelligence
and excellent education, Chief
Crazy Thunder, the big Mescalero
Apache chief who is better known
as Indian" Miller on trial for his
life in Flagstaff on a charge of
numbering Earl Cundiff at Canyon
Lodge, March 9rd, was still on the
stand in his defense late Thurs
day afternoon.
Court attaches describe Miller.
who was first called to the stand
after the state rested its case at
noon Wednesday, as an excellent
witness.
Miller shot and killed Cundiff at
the Canyon resort after it is al
legged that Cundiff had attempted
to take Miller's life with the In
dian's own gun and his plea is self
defense. He was released by the
coroner's jury at the time of the
first investigation, the jury having
returned a verdict of justifiable
homicide
Miller's trial opened Monday in
the superior court in Flagstaff be-
fore Judge j. E. Jones. The prose-
cution is being handled by county
attorney Frank Harrison, his as
sistant, Frank Gold, and Judge r.
c. Struckmeyer, of Phoenix.
The states case is based on pre-
judice Miller is said to have had
for Cundiff. Up to Wednesday
noon, when the state rested it's
case temporarily, only a few wit
nessess had been examined, al
though many more had been sub
poenaed
Miller's testimony was to the eff
feet that he has many times be-
friended Cundiff, having gone ON
the dea dman's bond in various
cases where trouble had arisen out
of Cundiff's alleged quarrelsome
nature.
That Cundiff had been demented
since last November, in Miller opin-
ion, was also given in the Indians
testimony. Miller stated that dur
ing trip to Holbrook with Cum
diff in November, he had become
alarmed at Cundiff's actions. He
stated that the man at that time
screamed at the approach of loco
motive headlights on the Santa Fe
tracks, and caught imaginary bugs
on the windshield of the car they
were travelling in.
When he reached the story of the
actual killing, Miller graphically
depicted the stealthy entrance of
Cundiff into the kitchen of Millsr's
home. He stated that Cundiff's pc
culiar look frightened him, and
that his apprehensions were borne
out when Cundiff took his (Mil-
ler's) gun from a table.
According to Miller, Cundiff fir
ed, the shot piercing his shirt. He
said that at the time he believed
himself to have been struck by the
bullet. Miller testified that he
then grappled with Cundiff and
succeeded in wrestling the gun
from him and fired. The bullet al
though it took effect, did not stop
Cundiff's attack and the second
shot, which was fired while the two
men were struggling, was directed
downward, Cundiff having succeed
ed in grasping the Indians arm.
The second shot which Miller fired
was the one that actually killed
Cundiff, although the first wound
probably would have proved fatal.
the testimony showed
Miller, who is represented by
Ferguson and Axline, Holbrook at
torneys, is a college graduate, and
a student of nature. He is also
noted for his artistic talent, and
is well known to tourists who have
travelled the National Old Trails
highway, having for some years
kept a desert museum and tourist
resort at Canyon Diablo, 25 miles
west of Winslow, in Coconino coun-
ty.
Miller has an enviable service
record in the United States army
During the Spanish-American War
he organized a company of volun-
teers, and afte rbeing mustered out
teered for Philippine service. He
rose rapidly to the position of First
Sergeant, and was honorably dis
charged to enable him to accept
commission in the Philippine Con
stabulary service. Miller took part
in great many engagements and
skirmishes, and his papers as an
enlisted man and an officer are
flawless record of distinguished
service to his country.
Mrs. Cundiff, widow of the de-
ceased, occupied the stand most oil
Wednesday morning Her evidence
showed that certain conversation
alleged to have taken place be
tween Miller and Cundiff was il
regard to property the decease,
claimed Miller had stolen from tht
Cundiff store. Defense council OF
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