The Coconino sun., 1926-06-25

tary papers sustained by Judge
Jones, but the objection was too late
to prevent the information as to
terms Of service getting to the jury.
On evening March 2, day before
the killing, Miller went to Cundiff's
house, he said, on invitation of lat
ter. Cundiff wanted Miller to get
Bruchman of Winslow to build a
build a building elsewhere for Joe
Yellowfeet to get Joe away from
Canyon Lodge and the building Joe
leases there from Miller.
Miller in identifying a letter said
as to time Mrs. Cundiff gave it to
him, "It was the morning after her
husband had forcedt her to make a
confession, SO she told me-" Then
came lot of legal sparring over al
lowing the statement to remain in
the record, defense counsel maintain
ing it was prejudical to the charac-
ter of a living person.
During the argument Attorney
Struckmeyer burst forth, demanding
fiercely from Judge Jones if they
were in q court of justice or at
comedy matinee, referring, he said,
to the attitude of the spectators.
Judge Jones gently called him down,
advising him that he hadn't noticed
anything out of the way among the
spectators.
Ferguson in his argument said that
the state had through Mrs. Cundiff
introduced testimony that Cundiff's
visit to Miller on the fateful day was
in relation to some goods alleged to
have been stolen from Cundiff's
store; while on the other hand, Fer
guson said, the defense was seeking
to prove that Cundiff's visit to Mil
Ter the day the latter shot him was
about alleged relations between Mrs.
Cundiff and Joe Yellowfeet.
Miller told Of the goods stored
with him by Cundiff in January
Cundiff had given Sheriff Parsons a
list OF goods stolen from him, maf-
ing the list large enough to amount
to grand larceny Cundiff then asked
Miller to let him store some goods
at his, Miller's, house, so in case Par
sons searched the store the goods
wouldn't be found there. Miller con-
sented, he said, upon condition that
he buy the goods from Cundiff and
pay for them and that Cundiff make
no charge against any person for
stealing the goods.
Miller described the tragedy of
March 8, last, in which he and Elmer
II. Cundiff were principals On Cum
diff's first visit, Miller told him:
"Now, Earl, you've promised not to
come up here. l don't want YOU to
come here while Joe is here. ! want
you to keep your promise. If you
want to sec me send for me and I'll
come down there and see you.
Our conversation was friendly"
Miller said "He showed no anger
and seemed to take it all very light,
~"
Cundiff left. Miller returned to
his room to dress. Sat on foot OF
cot. Changed socks, crossed room to
get moccasins from table. Then, four
or five minutes after Cundiff left
front door Miller saw Cundiff in the
back door. He had entered, opening
the door, without knocking or speak
ing. 81 noticed an expression on his
face which alarmed and frightened
me. | had seen that expression on
his face before. / knew him mt
lnately," Miller said
"When he had walked about two
feet into room, he looked toward
dresser and reached for the pistol "
ing there. I had stepped toward
him. | knew his violent temper; that
he had been crazy only a few days
before. He had just left my front
door, and returned to my back door,
coming in there a way he never had
before | knew ne had been arrested
several times for gun play, that he
had a terrible temper"
Miller told how last November be-
fore he and Joe Yellow Feet met Cum
diff in Holbrook and che seemed
friendly. Then, after they were IN
dark place, he noticed Cundiff was
holding big gun Oh Joe. He grab
bed Cundiff and after struggle dis
armed him, he said.
Coming home from Holbrook that
night, Cundiff in Miller's machine, a
half mile out Of Holbrook Cundiff be-
gan acting strangely. Once Cundiff
in spite of Miller's efforts, got out
of the car and ran 800 yards to a
bridge. Cundiff showed no indica-