The Wilmington morning star., 1947-09-26

twice a week. He recalled an oc-
casion on which he had gone to
the picture show with her two
weeks before her husband was
shot. The movie was about a
young man running away with a
married woman, he recalled.
Lets 60 away together like
they did in the Show" Mary
Edna suggested on the way home,
Garland testified.
On cross examination he said
his mother was along and it was
just a neighborly trip home
together from Rowland.
"Was anybody killed in the
show?" Judge Burgwyn asked.
mo sir" Cottrell replied.
DR.. William Ray Griffen, chief
psychiatrist Of Appalachian Hall
was the first witness for the de-
PENDANT. He said she was first a
patient at the sanatorium> from
May 10 to the latter part of
July. He stated that in his
opinion Mrs. Miller did not have
the judgment to distinguish right
from wrong on May II.
He said that a woman who
does not get the security and love
she expects from her husband and
is subject to any unhappy en-
vironment for a long time be-
comes abnormal, irrational, and
is apt to do anything.
He said that in her present
condition further unpleasant en-
vironment GaiD would be apt to
cause her to lose her mind. He
said that he doubted that she
could go through the rigor of a
court trial with any degree of
reason.
On cross examination he told
the solicitor that if a married
man went out nights over a per-
iod of years it might drive his
wife crazy. He repeated that a
husbands neglect makes a wom-
an abnormal and that prison
would greatly upset her.
Upset Anyone?
at would upset anybody:
wouldn't ia?" Carlyle jabbed.
DR.. John Knox testified that he
had been appointed with DR.. Nc
Grath by the court to examine
Mrs. Miller when she arrived in
a state of collapse for her trial
scheduled on August 10. He saic
their examination showed that
Mrs. Miller was genuinely I'M
conscious and not taking.
Twelve witnesses were called
to the stand by the defense to
testify to the good character OF
Mr.. and Mrs. David Miller. So
licitor Carlyle countered by
drawing admissions from as
many of them as he cross ex-
amined that they had never
heard of Mrs. Miller having any
mental disturbance prior to the
shooting of David Miller.
Leniency Plea
The defense attorneys submit
ted a plea for leniency signed by
every merchant in the tow OF
Rowland, pastors, mayor, the
commissioners, and a rural mai.
carrier.
Attorney H. E. Stacy made E
dramatic argument to the judge
explaining, why the plea"
He said at the insistence of Cur
rim who said that the suspense
was driving him and Mrs. Cur
rim crazy, the defense decided to
enter a plea of nolo contendere
and throw their client on the
mercy of the court because four
doctors expressed the opinion
that Mrs. Miller could not stand
the rigors of a court trial.
He contended that nolo con-
tendere in this case meant not
guilty." an argument that wouh
have set a legal precedent if he
had been successful. He closed
with the quotation from the Beau
titudes:
BLESSED are the merciful, for
they shall obtain mercy"
Attorney 7. A. Mcneil sec
onded the argument that the plea
of nolo contendere signified not
guilty in this case. He said that
if Mrs. Miller were called into
court to testify she would swoon
and faint away again, so they
had to plead nolo contendere.
IT. l..--1l 4Lo4 &Lo Inforlonf