The Coconino sun., 1926-06-25

tion of understanding anything Miller
said. Cundiff tried to leap off the
bridge. Miller got him back into car
after much effort Two other times
Cundiff jumped out. Would have
frozen if not taken home. When
they met other cars and saw head
lights, Cundiff would grovel in the
bottom Of the car, cover his head
with his arms and scream. He pick-
ed imaginary bugs from windshield.
Reaching Winslow, Miller drove
through by devious route, to avoid
officers and Cundiff's probable ar
rest
When Cundiff picked gun from
dresser afternoon of March 3 Miller
was going toward him. Cundiff
thrust gun with his right hand to-
ward Miller. Miller grabbed him and
at the same time jumped aside Gun
diff fired, the bullet going through
Miller's shirt at the left side.
Here Mr.. Ferguson had Miller put
on the shirt in question. Then he
had him assume the positions and de-
scribe the movements Of himself and
Cundiff during their struggle over
the gun.
stone edge of the window, flattened
and dropped to the floor, Miller said.
He said examination was soon af-
terward made of his shirt by the two
Brights and Indian Joe. Miller said
until then he believed he had been
shot.
Miller said: "In desperation /
wrenched the pistol away from Gun
diff with both hands. fired, He
attempted to clinch and regain the
gun. / pulled the gun back to fire
again, so far back | couldn't work
my finger. Then | threw my arm up
over my head and fired down at
him
Pistol fell to floor. Miller thought
Cundiff. had regained it. Miller jump
ed for other gun, pulled on Cundiff,
then saw he was going down, dis
abled Miller siezed the first pistol
from the floor and held both on Gun.
diff until saW the latter did not move
then threw goth guns on the table.
Miller then described calling the
three men in from the outside, how
he had the elder Bright examine Gun
diff to see if he was dead. Bright
said he was Miller then wrote tele-
gram informing Sheriff Parsons of
the shooting and sent Indian Joe to
Canyon Diablo railway station with
it.
Miller said two weeks before shoot
ing he called on Judge j. =. Jones
(presiding Judge in the triaD and
told him he was very much afraid OF
Mr.. Cundiff, that he considered him
in a very dangerous mental condition
and asked that Cundiff's condition be
legally investigated Judge F. w.
Perkins and Assistant County Attor-
Tney Frank M. Gold were there at the
time.
Miller said he thought he was shot
when Cundiff fired Miller said he
is about so, Cundiff 38. Thought
from Cundiff's expression when ne
came in back door that she was hav-
ing another of those insane spells"
Adjournment was taken at this
point to yesterday morning.
Much Of the time yesterday morn
ing was taken up with arguments ov-
er the admissability of evidence that
Mrs. Cundiff on the day of and
shortly after the killing said to Mrs.
A. j. Bright in the presence of May
Miller, daughter of defendant, Mrs.
Ben Rogers, Arizona Gore, and Anna
May SeclxakulSu that they must get
together and write down their testi-
mony. The judge overruled.
That olsposed of, Judge Struck
meyer began cross examination Of
Miller. He attempted in his ques-
tions to ridicule Miller's military eX-
perience.
Struckmcyer then in his questions
by inference attempted to show Mil
ler up as a Snowman fakir.
Struckmeyer attempted to bring
out that Miller was angry at Cum
diff for helping his wife, Mrs. Miller,
leave in February. AT that time Mrs.
Miller was away for several weeks.
Though struck from the records, it
was brought out that Miller had at
one time told Cundiff that if Joe Vel
low Feet ever came back he himself
would kill Joe.
Judge Struckmeyer concluded his
cross examination of Miller at three
yesterday afternoon, without having