The Coconino sun., 1926-06-25
MUCH DR. RylMATIC INTEREST
MANY s, ECTATORS TRIAL
.INDIAyI MILLER CHARGED
WITEY MURDER OF CUNDIFF

Z
| half hour later came up and asked
for Miller. Just about then Miller
opened door and came out Had
changed pants. Cundiff joked him
about his "flashy" pants. Cundiff
said, "Pd like to talk to you, Mr.. Mil
Ter" and led way around to east end
of building and they talked there
about five minutes in an apparently
friendly manner and in low tones.
Cundiff started down walk as though
going home, Miller said, "I1l be
down this evening, Earl, after the
square" "All right, Mr.. Miller" re-
piled Cundiff, "any time you want
it." Then Miller said, an go in and
finish changing my clothes.
"Miller went back in. Then a few
minutes later as we were sitting
there we heard three shots Two Of
as fast as a man could shoot a gun,
| guess, the other one about second
later" Bright said. Miller called
them in. Saw Cundiff lying at the
back door. my God, man, you've
killed Mr. Cundiff," Bright ex-
claimed. "Yes, / had it to do" said
Miller. A moment later Miller said
he was hurt and showed Bright holes
in his shirt, at the left side, just
above the waist line, one hole on
either side of the shirt seam.
Witness laid down on the witness
platform to show how Cundiff was
lying, on his face and right side, one
leg slightly drawn up, the other foot
extended resting on the outer door
sill.
Witness said he saw a sixgun, be-
lieves on table, first time; then when
coroner came it was on dresser. An
other smaller gun also on dresser.
Miller said he was going to WIRE
sheriff. Bright suggested doctor
first. Miller agreed. Bright went
back into room where Cundiff lay and
satisfied himself he was dead. Did
MT see Miller return to room where
Cundiff was.
On cross examination, Bright indi-
Gated by clapping of hands, the in
tervals between the three shots. He
clapped twice very closely together,
the interval between the second and
third shots being about twice as long
as between the first and second. All
three shots, according to the witness
illustration, took less than two sec
onds.
Witness testified that Cundiff
when he returned to Miller's house
and was shot, did not return the way
he hadsleft five minutes or so previ-
ously, but that he came to the back
door and that he must have returned
by another route between which and
the men sitting at the front of Mil
ler's house there was rock wall
about six feet high. He heard no
talking or other sounds in Miller's
house before the shooting.
Monday afternoon Archie Bright,
son of the previous witness, was
called His testimony was corrobo-
rative Of that preceding.
The next witness was Under-sher-
if D. L. Mckinney. The room in
which the shooting occurred showed
no evidence of fight having taken
place. He found no weapons on the
dead man. Found two guns on dres-
ser. Found place near center window
sill, looking as if clipped by bullet.
Blood and contents of stomach un-
der head of deceased. Found flat
tened bullet on floor in blood Floor
under bullet was dry. Believed bull
let had made a direct hit on some
hard substance. e. B. Raudebaugh
picked bullet from floor
DR.. Felix Manning, county health
officer, told of his examination of de-
ceased. Bullet wounds in abdomen
and head Former an inch to left
and three inches above navel. Body
had on underwear and coveralls.
Found no powder burns on coveralls
surrounding bullet hole. Bullet ap-
parently had been fired directly in
front. The head wound was three
inches back from the front edge OF
the hair and one inch to the right OF
the center of the head. No powder
burns there either. Bullet must have
been fired nearly in direct line, or
at right angles to top of skull. Be
leved immediate cause of death was
wound in head. Wound in body
might or might not have caused I'M
mediate death. No bleeding from abb
dominal wound. Small stand near
door was partly out Of position. Saw
two revolvers on dresser. Saw the
flattened bullet picked UP from floor,
the floor under It dry. Also saw dent
in plaster near bottom Of window
that looked like it had been hit by
bullet. Neither bullet left body.
Mrs. Louise Cundiff, widow Of the
deceased, took the stand Tuesday af-
ternoon. Followed an argument be-
tween attorneys as to advisibility OF
her evidence, which mainly had to do
with robbery Of Cundiff's store in
January. Court denied the state per-
mission to let Mrs. Cundiff tell con-
yersation she had with her husband
about the robbery.
A statement was introduced pur-
porting to be list of goods from
Cundiff's store. 1t was alleged Cum
diff had overstated to Sheriff Par
sons the amount Of stuff taken IN
the robbery and wanted to cache the
listed goods with Miller and repre-
sent to the sheriff that they also
were stolen.
Indian Joe Seckakuku (Yellow
Feet) testified TO the conditions just
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