Evening star., 1944-05-26
Miller Denies Intent
To Kill Dr.. Lind;
Sobs Out Story
Continued From First Pare. J

Car and rode to the department
store where he hoped to meet hi
wife. He said he could not recall
encountering Harry Harth, an at
torney, who last week said he hat
talked to Miller in the streetcar, bu
that the defendant had appeared
confused.
Miller said he entered the depart.
ment store and looked around fol
Mrs. Miller for time and that wher
he was unable to flad her he left BY
the Eleventh street entrance ane
began walking alongathe street unit
he saw her get into Dr.. Lind's car.
He said he had intended to take
her with him to purchase q new suit
and then to 60 to an upholsterel
to make arrangements about an easy
chair that needed repairs. After
that. he said, he intended to &C
home and leave the gun there.
Mr.. Murray asked the witness
why he was able to remember some
OF the events during the hour pre-
ceding the shooting and had for
gotten others.
Il can't explain it," Miller said
II had been under constant strain
for months and months"
Doesn't Smoke.
His own attorney asked him
whether he smoked.
mo, I haven't smoked for 20
years." he replied.
You heard Johnson's testimony
that you smoked that day?"
"Yes. If I had cigarette that
day would have smoked it,
Miller said that for at least three
months before the Staying he be-
lieved that DR.. Lind was carrying
gun and intended to kill him. It
was because Of this fear, the wit
ness saids that he brought the gun
he had owned for A years down
to his office for flve days before the
shooting in an attempt to obtain a
permit to carry it. He said he had
his secretary fill out a form for such
a permit, but that it was never sub
mitted to the police because 1t.
Horace Lineburg told him such a
permit probably would not be issued.
Mr.. Murray asked Miller whether
he had told 1t. Lineburg he wanted
to carry the gun AS protection
against DR.. Lind. Miller said he
had not.
Il thought if told him he
wouldn't give me the permit"
Didn't See Gun In Car.
Miller also said he did not see
any gun on the seat beside DR.. Lind
when he reached into the car nor
had he ever been told the psychia-
trist carried gun in that place. He
said when DR.. Lind reached down
he was satisfied the man was reach
ing for gun. 4s.
That's the only reason, I shot,"
Miller said.
At one point during the cross
examination, Mr.. Murray stood be-
hind fan which blocked Miller's
line of vision.
Pardon me, I can't see you,
Charlie" Miller said. He asked the
prosecutor to step aside.
MIR. Murray asked Miller whether
he believed DR.. Lind was serious
when, several months before the
shooting, the psychiatrist had made
a veiled threat against the attorney
in a corridor of the District Court
Building after Miller threatened to
go to DR.. Winfred Overholzer. su-
perintendent of st. Elizabeth's Hos
pital, and tell him the story of DR.,
Lind's association with Mrs. Miller
II absolutely did," Miller said.
Didn't Want Notoriety.
Then why did you 60 to DR.
Overhozer? Why weren't you
afraid?"
Il thought he would talk to DR.
Lind and break this thing. didn't
want any notoriety."'
In voice broken by sobs and with
tears rolling down his cheeks, Mil
Ter said he first learned of the
association between his wife and the
psychiatrist when he picked up an
extension telephone in his home last
July IL and overheard a conversa-
ton between the two.
"I knew it was DR.. Lind" he said
"He was telling her to take some
kind of pill and 60 to sleep and not
to worry"
How did this affect your" Miller
was asked by his attorney, H. Ma
son WEIGH.
"It crucified me-" Miller replied
and buried his face in his handker-
chief.
When he had regained his COM
posure, Miller said he still loved his
wife at that time and that he talked
with her about the affair.
"She told me she had been going
with him and wouldn't do it any
more" he said.
did she keep her promise?" he
was asked.
"She did not"
Miller said that between that
time and Christmas, 1943, he and
his wife had almost daily discus
sions concerning DR.. Lind.
What would happen at such
times?" Mr.. Welch asked.
She would get mad, curse me and
throw things at me-" the defendant
replied.
Consulted u. S. Attorney.
Miller said he talked to a number
of persons about the affair, includ-
ing United States Attorney Edward
M. Curran and members of his staff
Finally, he said, he and Mrs. Miller
talked the matter over with the
Rev. John K. Cartwright, pastor oi
the Immaculate Conception Church
Miller said his wife admitted te
Father Cartwright that she and DR.
Lind had been going out and sale
she would stop the association.
Around Christmas Miller said
his wife vas stricken with pneu-
monia and confined to their home
for four or five weeks. During the
holidays. he testified, he remained
home to nurse her because he was
unable to get any help. During this
time, he said, DR.. Lind called ur
three or four times, changed his
voice and said he was Mrs. Miller
brother.