The Coconino sun., 1926-03-19

Dir. Manning testified that q mark,
evidently made by the flattened bull
let found on the floor (the one that
went through Miller's shirt) was
found on the stone wall about three
to three and half feet above the
floor.
DR.. Manning examined Mr. Miller,
noting the holes in his shirt and the
powder burns on the shirt, identifying
the latter both by appearance and
odor He found no wounds nor pow
der burns on Miller's body, though the
inside middle finger Of Miller's left
hand was powder burned There were
no powder marks surrounding either
Of Cundiff's wounds
The revolver with which the shoot
ing was done was filed as an exhibit.
1t is q .38 Harrington & Richardson,
blue barrel and black rubber stock.
Sheriff Parsons broke The gun, ex-
tracing the three exploded and two
uneXploded shells.
Another gun was found in the place,
q 20 target revolver of a cheap make.
All the chambers were full, none of
the shells having been exploded.
Then followed arguments by attor-
neys. Mr. Ferguson asked that his
client be discharged through lack Of
evidence OF intent to commit murder
Justice Pulliam indicated that he
would not discharge defendant and
bail Mr. Ferguson, on the ground
that the killing was entirely justifi
able, in protection against man who
had invaded defendants property, con-
tended that bail of even a thousand
dollars would be too high.
County Attorney Harrison contend
ed that defense had submitted no evi-
dence Whatever of self-defense; that
the presumption was that the killing
was murder, cold-blooded and pre-
meditated; that the theory of self-de
fense had not been the result of the
thinking Miller could have done in the
second or so between the time the
shooting occurred and when he threw
open the door and called the others
in, but that it likely all had been
thought out days or weeks before
hand.
Defendant motion was denied and
Mr.. Miller was held without bail. 1t
9et bail under habeaS corpus proceed
ings The question at issue in admit
ding to bail is clearly defined under
ruling Of the supreme court. For any
offense and under all circumstances
prisoners must be granted reasonable
bail unless in case of a charge of first
degree murder when the evidence OF
guilt or presumption of guilt is very
strong.
At the inquest over Cundiff, Mr..
Miller had told how he was standing
in his room when Cundiff suddenly APP
peared in the back door, grabbed his,
Miler's, gun from the table or dress
er, and stuck it up against Mlller's
body; how he grabbed the gun, de-
fleeing it just as Cundiff fired so that
the bullet went through his shirt IN
stead of into his body; how he then
wrested the gun in brief but terrible
struggle and shot Cundiff twice. Cum
diff's reputation for quarrelsomeness,
Miller's reputation for peacefulness,
the fact that the shooting was in Mil
ler's own room and the seemingly
frank attitude of Miller following the
shooting all combined, influenced the
Jury aS wen DIS pretty II llClI q
else in this section in the belief that
the killing was in self-defense and
justifiable.
County Attorney Harrison, how
ever, says that he has a strong case
against the defendant He has not
said whether he has any actual evil
dence of guilt not so far revealed that
he win spring at the trial, or whether
his belief Of guilt is-,built largely upon
a hypothesis which he expects to find
evidence to support He has felt from !
the first that it is his sworn duty to
make the fullest investigation and
settle beyond any doubt whether there
was a motive for the killing and, If
there was, whether that motive ac-
tuated. the killing. The taking OF hu-
man life, he insists, is too big and
grave a thing to permit an instance
Of it to be shrugged aside on the
mere statement that it was in self-de-
tense, even though the belief may be
general that it was self-defense and
surface indications may seem to
strongly indicate>that theory
'I believe l have a very strong
case against Miller" Mr.. Harrison
told a representative of The Sun fol
lowing the hearing q believe Miller
wanted to get rid Of Cundiff out there
at Canyon Lodge. Knowing some
things that | do, and having the feel
ing that | have that Miller is guilty
Of murder, I could not, and be con-