——
—
Mille Guilty of Murder in the Second Degen.
So Says the Jury of Twelve Men Who Tried David Miller for
the Killing of his Son-in-Law, Robert Roach-—Miller
Made no Other Defense than His Drunken Con-
dition and that Was Poorly Established
The Jury Out 2 Hours and 45
Minutes — The Trial
in
Detail.
The trial of David Miller for the shoot-
ing of his son-in-law, Robert A. Roach, be-
gan before Judge John G. Love, in the
Court of Oyer and Terminer here Tuesday
morning. For the Commonwealth District
Attorney N. B. Spangler was assisted by
J. C. Meyer, Esq., while the counsel for
the accused were Col. Wilbur F. Reeder
and E. R. Chambers, Esq.
Recurring to the crime of which the
prisoner stands accused, it was committed
on the 21st of July last. The general story
at the time was that Miller had been
drinking a little and started in to beat his
wife. Their daughter, Mrs. Robert Roach,
was present and, her remonstrance with
her father being in vain, she ran for her
husband, they living but a few rods dis-
tant, Roach went to Miller’s house and
compelled him to desist, whereupon Miller
turned on Roach and wanted to fight him,
finally ordering him out of the house and
declaring he would shoot him. Roach, it
was alleged, dared him to do so, when Mil-
ler ran into the house secured his Winches-
ter rifle and started out. When Roach
saw this he beat a retreat, hiding in the
nearby woods. Miller, lay in wait, and as
soon as Roach put in his appearance the
former shot, the ball entering the back,
inflicting a wound from which Roach died
the following night.
Miller was arrested and brought to Belle-
fonte and put in jail. The August grand
jury found a true bill against him, but
owing to the Beckwith trial at that time
the case was continued until the present
term of court.
When court convened on Tuesday morn-
ing it was generally whispered around that
Miller would enter a plea of guilty to one
of the minor degrees and the counsel on
both sides consumed a half hour in consnl-
tation on the matter. Though not public:
ly announced it is generally understood
that the Commonwealth would have been
satisfied if Miller would have plead guilty
to murder in the second degree, bus the
prisoner, by advice of his counsel, would
agree to pleading guilty only to man-
slaughter. As no satisfactory adjustment
could he arranged the court called the case
for trial at just 9:30 o’clock and the draw-
ing for the jury was begun.
DRAWING THE JURY.
George Houck was the first juror called.
Had heard and read of the case, but formed
no opinion that would interfere with the
rendering of a verdict according to the evi-
dence. Not opposed to capital punish.
ment. Challenged by the defense.
Daniel Spittler called. Had heard of
the shooting and formed an opinion that
could not be shaken. Excused by the
court.
H. W. Morris called. Had read of the
shooting, but formed no opinion, and
could render a verdict according to the evi-
dence. Not opposed to capital punish-
ment. Challenged by the defense.
John LL. Knisely called. Have read of
the case, but formed no opinion. Could
render a verdict according to the evidence.
Not opposed to capital panishment. Chal-
lenged by the defense.
Budd Thompson called. Have heard of
the case, but formed no opinion that would
interfere with the rendering of a verdict.
Have discussed the case with one or two
people. Accepted and sworn.
William C. Martin called. Read of the
case at the time of the shooting, but form-
ed no opinion and have no scruples against
capital punishment. Accepted and sworn.
Luther Wert called. Have heard of the
case but formed no opinion and not op-
posed to capital punishment. Challenged
by defense.
Howard Goss called. Read of the shoot-
ing when it occurred but bave formed no
opinion. Not opposed to capital punish-
ment. Accepted and sworn.
William Robinson called. Have heaid
of the case but formed no opinion. Could
render a verdict according to the evidence.
Challenged by Commonwealth.
Nathaniel Bierly called. Have read of
the case but formed no fixed opinion.
Challenged by Commonwealth.
James Weaver called. Had not heard of
the case nor discussed it with anyone,
Challenged by defense.
Nathan Dale called. Had not read of
the case and coald render a verdict accord-
ing to the evidence. Not opposed to capital
punishment. Accepted and sworn.
A. C. Williams called. Read of the case
but had, formed no opinion. Not opposed
to capital punishment. Accepted and
sworn. -
Isaiah Woodle called. Know of the case
but have formed no opinion. Challenged
by Commonwealth.
J. H. Meyer called. Never read or heard
of the case. (Juror was very hard of hear-
ing.) Challenged by defense.
J. F. Heckman called. Have read of
the case but formed no opinion and could
render a verdict according to the evidence.
Challenged by defense.
James Ross Jr., called. Have formed
no opinion in the case and could render a
verdict according to evidence. Accepted
and sworn.
.. Joseph Garbrick called. Read of the
case, but have no fixed opinion and could
render a just verdict according to evidence.
Challenged by defense.
C. S. Bartges called. Have read of the
case, but formed no opinion. Challenged ty
defense.
David K. Keller called. Read of the
case but have no fixed opinion. Not oppos-
ed to capital punishment. Challenged hy
the defense.
John P. Eves called. Have formed no
opinion as to guilt or innocence of prisoner.
Not opposed to capital punishment. Chal-
lenged by Commonwealth.
M. J. Henderson called. Read of the case
but formed no opinion. Not opposed to
capital punishment. Challenged by Com-
mon wealth.
William Kellerman called. Read of the
case, but have no fixed opinion. Not op-
posed to capital punishment. Challenged
by Commonwealth.
Jacob Glossner called. Have formed no
opinion in the case. Not opposed to capital
punishment. Challenged by Common-
wealth.
H. N. Krebs called. Read of the case,
and to a certain extent have formed an
opinion, but conld render a verdict ao-
cording to the evidence. Have discussed
the case since coming to Bellefonte. Chal-
lenged by defense.
Samuel Everhart called. Have heard of
the case, but formed noopinion. Accepted
aud sworn.
J. B. Rishel called. Heard of the case,
but formed no opinion. Not opposed to cap-
ital panishment. Challenged by defense.
Emanuel Musser called. Have formed
no opinion in the case. Accepted and
sworn.
J. B. Mayes called. Do not know pris-
oner and have formed no opinion. Chal-
lenged by Common wealth.
_D. W. Clark called. {Juror very hard
of hearing and excused by the court. )
Fred Kemerer called. Do not know
prisoner and have formed no opinion in
the case. Have no conscientious scruples
against capital punishment. Challenged
by Commonwealth.
Jonathan E. Miller called. Have read
of the case but formed no opinion. Chal-
lenged by Commonwealth.
Augustus Witherite called. Have
~ formed no opinion in the case and not op-
posed to capital punishment.
and sworn.
George F. Musser called. Have formed
an opinion that would prejudice me in
arriving at a verdict according to the evi-
dence. Excused by the Court.
J. H. Weaver cailed. Have not read
nor heard of the case, and not opposed to
capital punishment. Challenged by the
defense.
W. C. Smeltzer called. Have formed no
opinion in this case and not opposed to
capital punishment. Accepted and sworn.
J. P. Sebring called. Have formed no
opinion and not opposed to capital punish-
ment. Challenged by Commonwealth.
Joseph Grossman called. Have formed
no opinion in the case. Challenged by the
defense.
Jacob Heverly called. Challenged by
the prisoner.
Adam Ertle called. Could render a ver-
dict according to the evidence. Challenged
by the Commonwealth.
Charles Mensch called. Have read of
the case and expressed an opiuion, but it
would not conflics with rendering a verdict
according to the evidence. Challenged by
the Commonwealth.
Robert Kreamer called. Have formed
no opinion. Challenged hy defense.
Samuel Shoop called. Have formed no
opinion and could render a verdics accord-
ing to the evidence. Challenged by the
Commonwealth.
Samuel Spangler called. Have formed
no opinion and could render a verdict ac-
cording to evidence. Challenged by the
Common wealth.
Samuel Sykes called. Have formed no
opinion. (Juror hard of hearing and ex-
cused by the court. )
Michael Heaton
Accepted
called. Have neither
formed nor expressed an opinion. Chal-
lenged by Commonwealth.
Thomas Boal called. Do not. know
prisoner and have formed no opinion. Chal-
lenged by Commonwealth.
H. V. Hile called. May have expressed
an opinion bat it would not interfere with
the rendering of a verdict according to the
evidence. Challenged by defense.
Alfred Witherite called. Have formed
no opinion and not opposed to capital pun-
ishment. Challenged by the Common-
wealth.
Edward Williams called. Have formed
no opinion in the case. Challenged hy de-
fense.
The regular panel being exhausted the
court instructed the sheriff to call some
talismen, and the following were called.
V. J. Bauer, Bellefonte. Have not
formed nor expressed any opinion in the
case, and not opposed to capital punish-
ment. Accepted and sworn.
E. M. Boone, of Haines township called.
Read of the case but formed no opinion.
Challenged by the defense.
J. W. Musser, of Millheim, called. Have
formed no opinion in the case and not op-
posed to capital punishment. Challenged
by the defense.
George Garbrick, of Bellefonte, called.
Don’t know the prisoner. Could render a
verdict according to the evidence. Accept-
ed and sworn,
This completed the drawing, and the
jury as finally made up is as follows :
Budd Thompson, farmer, Huston Twp.
William C. Martin, *‘ Spring Twp.
Howard Goss, farmer, Ferguson *
Nathan Dale, agent, Spring Twp.
A C. Williams, farmer, Taylor *¢
James Ross Jr., farmer, Harris *¢
Samuel Everhart, farmer, College Twp.
Emanuel Musser, gentleman, Haines *
Augustus Witherite, farmer. Huston **
W. C. Smeltzer, teacher, Spring Twp.
V. J. Bauer, retired, Bellefonte.
George Garbrick, gentleman, Bellefonte.
The jury being drawn and by request of
the District Attorney, court adjourned at
11:25 until 1:30 p. m.
TUESDAY AFTERNOON.
Court called at 1:30 and the jury march-
ed into their seats in the jury box from the
Brockerhoff house, where they were
quartered during the trial, in charge
of tip-staves Thomas McCafferty and
Simeon Haupt, who were sworn in as
constables to keep watch over aud look
after their comfort during the trial. The
prisoner was brought in by Sheriff Cyrus
Brungart. Notwithstanding the gravity of
his case Miller's bearing was more that of a
man who felt very sure of getting off with
a comparatively light verdict. He looked
bale and hearty after his four month's in-
carceration aud at all times took a keen
interest in all that was being done for or
against him, frequently volunteering sug-
gestions to his counsel.
It was just 1:40 o'clock when District At-
torney N. B. Spangler opened the case on
the part of the Commonwealth in a brief
address to the jury, in which he outlined
what they expected to prove in connection
with the causes and commission of the
crime. Mr. Spangler spoke just 8 minutes,
when the offering of evidence on the part of
the Commonwealth was begun.
WITNESSES TAKE THE STAND.
The first witness called was Wilbur Roach.
Live in Osceola; know David Miller; Rob-
ert Roach was my son; he was aged 35 years;
had been married 14 years; his wife was
Flora Miller, daughter of David Miller;
Roach has six children, three living; Rob-
ert died July 22nd, from a gunshot wounq
in the back; saw him lying in the road
shortly after he was shot; I talked to Rob-
ert a few moments, also talked to Miller;
asked him what he had been doing and he
said ‘‘Ishot Bob, and d—n you if you say
much I'll shoot you, too.”” When I went
to where Robert was lying there was quite !
a crowd there and some were praying. Mr.
Coffee arrested Miller and brought him up
to where Robert was lying. Miller asked
Bob how he was feeling and Bob said ‘Dave
Ididn’t deserve this of you.” Miller said
‘“‘you’re a d—d—liar.”’
Cross-examination by Col. Reeder. It
was about 6:30 o’clock in the evening when
I went up there and saw Robert lying in
the road. When Miller threatened to shoot
me, too, if went in there,he was in his own
yard, about 30 feet from the road. There
were several persons in the yard at the time
(Witness said that when he saw Miller he
said to him, ‘What have you been doing,
you old reprobate,’”’) I heard in Osceola
that my son had been shot, and I went up
as soon as possible; I can’t tell who all were
there; when Miller called Robert a liar as
he was lying in the road, I called him an
old scoundrel, but I positively did not
threaten to shoot him.
Flora Roach called. Live in Edendale;
my husband was Robert Roach, he died
July 220d; we were married 13 years; my
husband’s death was the result of a gunshot
wound; was in my own kitchen when the
shooting occurred; my father and mother
bad been away over Sunday; I don’t know
when they came home, as I did not see
either of them until in the evening; I went
to father’s house and saw father and my
husband in the hall upstairs; Robert was
holding Miller down by the neck; I didn’t
see mother upstairs at all; I asked Robert
what he was doing and he said he wasn't
harting the old man; I told him to come
home, and be said he would. When they
came down stairs father said **Bob, you took
advantage of an old man, take it now, and
with that made for him ;Isaw Bob hit him
twice in the face, then I made him quit
and come home. One of the girls came in
and said that Miller had his gun and was
going to shoot Bob. Bob said he didn’t
care, he could shoot, too, and went upstairs
and got his revolver. He then went out,
but I didn’t hear any of the shots fired.
Father was at my house and I told him not
to shoot Bok, but go home, and he said he
would; don’t know if he went or not; there
were several others in the house with me;
this was alter 6 o’clock—after supper. The
next time I saw my husband was when he
was lying by the roadside, after he was shot
I never heard father threaten to shoot Bob.
Cross-examination by Chambers. I was
not at home all day Monday; father came
home at 6 o’clock Monday morning; when
I saw Bob holding father down upstairs,and
told him to come down, father followed us
downstairs; I don’t know who struck first
blow out in the yard, only saw Miller hit
Bob twice in the face. When Bob went
upstairs in our house for his revolver, I tried
to hold the door shut, but he pushed it
open. He did not go ont until we <oaxed
him to go to the woods so he wouldn’t get
shot; I saw no evidence of intoxication in
my father.
Re-direct. It was after father said he
was going to shoot him "that Bob got his
revolver,he was not in the habit of carry-
ing it.
Alice Miller called. Live at Edendale;
David Miller is my nucle by marriage; Mrs.
Miller was away aud came home Monday
evening; Mr. Miller came home Monday
morning very drunk. It was near 6 o’clock
when Mrs. Miller came home; the first I
heard was a racket upstairs and when I
went up I saw Roach have Miller down; I
did not go for Roach; I did not see Miller
have hold of Mis. Miller; they were only
talking when I went up; no, I never told
anyone that Miller had hold of his wife,
and that she cried for help; after the tussle
in the yard I heard Miller say he would
shoot Roach and I went and told him;
Roach was then at his own home; I did
not see any of the shots fired, only heard
them; it could not have been over a few
seconds between the two shots.
Cross-examination by Reeder. It was
about 10 o’clock when Miller came home
staggering. In the evening Miller appear-
ed to me to be very much intoxicated. I
saw Bob hit Miller twice out in the yard.
When I told Bob Miller was going to shoot
him he said if the old man came too close
he would shoot back; from the time I saw
Bob have Miller down upstairs until the
firing of the second shot it could not have
been over ten minutes.
Mrs. Minnie Miller called. Live at
Osceola; David is my father-in-law; was at
Miller's when the shooting occurred; Mrs.
Miller came home on the 5 o'clock train;
Miller came home later and I saw him hit
her as she was going upstairs; Miller fol-
lowed his wife upstairs and I heard her
call for help, that her husband was trying
to kill her; I called Roach and urged him
to go upstairs and separate the Millers; i
saw Miller strike Bob upstairs but did not
see any of the fight in the yard; when I
saw Miller coming with his gun I told
Roach and it was then he went for his re-
volver; Roach was running from the house
to the woods when the first shot was fired.
After the first shot Miller went back to his
house then later he went down to the
road; it must have been near a half hour
after the first shot was fired till the second
shot.
Cross-examination by Reeder. My hus-
band’s name is Frank Miller. I did not
see Miller hit his wife, but head her call
for help that her husband was knocking her
head off and kicking her stomach off. (Un-
der a scathing cioss-examination of almost
a half-hour counsel sought to break down
the witnesses testimony in chief, but with-
out avail.)
Cora Gardner called. Am a niece of Da-
vid Miller and made my home there. I was
there when Miller came heme July 21, but
as soon as the Millers went upstairs I left
the house and went up to Maud Dixon’s.
I saw no fighting nor did I hear the shoot
ing; saw Roach lying in the road after he
was shot. I did hear Mrs. Miller call for
Roach just once.
Cross-examination by Chambers. Miller
wag very drunk in the morning, but don’t
know how he was in the evening.
Maud Dixon called. Live at Edendale,
not far from Roach’s home; saw Miller in
the evening of July 21st; heard both shots
fired; after the first shot I ran over; on the
way I saw Robert hiding in the underbrush
I went on over and asked him for his gun.
Witness then stated the conversation which
ensued between herself and Miller, but it
was of such a pronouncedly profane charac-
ter that we desist from printing it. Sum-
med up it was a most emphatic declara-
tion on the part of Miller to kill Roach.
The witness was somewhat fiery and inclin-
ed to be pert.
Cross-examination by Chambers. Witness
was pretty well riled up by this time, and
Chambers told her that he didn’t want her
to ‘try to get smart with him,” when she
rejoined, ‘and I don’t want you to try to
make a fool out of me, either.”” When
Miller refused to give her the gun witness
stated that she went home again and was
ET SSC ESR SHS SOREN.
there when the second shot was fired. She
then ran out and saw Roach lying in the
road; heard him cry out he was shot and
then ran down.
On re-direct Mrs. Dixon said that she
saw Mrs. Miller hid in Roach’s garret where
she had gone to escape her husband.
J. H. Wetzel called, who testified that
he went to Edendale and made a draft of
the Miller and Roach properties. Draft
was exhibited and explained to the jury,
then offered in evidence. The draft showed
that it was 383 feet from where Miller
stood when he fired the shot to where
Roach fell by the road-side.
Thomas Maher called. Live at Ozceola.
Saw David Miller on July 21st in the even-
ing; he was standing at a stump by the
road-side with his gun in his hand ; I asked
him what was wrong and he declared that
he *‘would kill him.”” I asked him who,
and he told me Bob Roach, tbat he would
kill him if it was six week’s after. I was
standing there when Roach came out in
the road and saw Miller deliberately pull
up the gun to his face and shoot; saw
Roach fall and went up to him; Roach was
walking away from Miller when the latter
shot. As soon as I saw how bad Roach
was hurt I went for a doctor and to tell his
relatives, a
On cross-examination by Col. Reeder
witness adhered particularly close to his
testimony in chief.
Maize Hefferan called. Live neighbor
to the Millers. I heard both shots fired.
I met Miller on the road. He asked me
how Roach was and I told him he was dy-
ing. Miller said, ‘‘Let him die.”’
Nothing new on cross-examination.
J. J. Coffee called. Live at Osceola. I
took Miller in custody and brought him to
Bellefonte. When I took him into custody
I took him up the road to where Roach
was lying. Roach told Miller he shouldn’t
have shot him and Miller said he onghtn’t
have kicked him in the ribs. Roach said
he didn’t, when Miller called him a liar.
Nothing new on cross-examination.
Willie Roach, 9-year-old son of Robert
Roach, was called but not permitted to
testify.
James Dixon called. Live at Edendale.
Saw Miller coming home about 6 o’clock
in the evening of July 21st. I heard two
shots fired; I, with several others, was at
the school-house. It was probably fifteen
minutes between the shots. After the sec-
ond shot I went up the road and saw Roach
lying by the roadside; also saw Miller, but
did not talk to him. Nothing new on cross-
examination.
Patrick Rooney called. In July lived
near Robert Roach’s house. I heard the sec-
ond shot fired; was in the house; I was
down the road and saw Miller with a gun,
and he said he would kill Roach if it was
6 weeks after. I saw Roach after he was
shot. Nothing new on ecross-examination.
* Valentine Stonebraker called. This wit-
ness was Mr. Rooney’s partner and lived
with him. Witness had been ont for water
when the first shot was fired; heard the
scrap and went down with Rooney. Heard
Miller say he would kill Roach if it was 6
weeks afterwards. Heard the second shot
and saw Roach fall; was the first person to
get to him after he fell.
Testimony not shaken on cross-examina-
tion by Col. Reeder.
Jerry Dixon called. This witness sim-
ply corroborated the testimony of Rooney,
and Stonebraker.
Dr. F. B. Reed called. Live at Osceola;
knew Robert Roach; was called to see him
on the evening of Jaly 21st. The ball struck
the hip-bone, passing through the body.
Roach lived ahout eight hours. The wound
caused death. On cross-examination Dr.
Reed stated that when he passed the house
Miller was jnst coming out with his gun.
At 5:14 court adjourned till 8:30 Wednes-
day morning.
WEDNESDAY MORNING.
Court called at 8:30 o’clock and the
hearing of evidence on the part of the Com-
monwealth was resumed.
Michael Hefferin called. Live at Eden-
dale, know the prisoner; saw him July
21st, after the shooting; Miller told me
that he had said he would shoot and he did
shoot; he said he was a man of nerve, when
he said a thing he would do it.
At 8:50 the map of the locality where the
shooting took place was offered in evidence
and the counsel announced, the Common-
wealth rests.
DEFENSE OPENS.
It was just 8:55 when E. R. Chambers,
counsel for the prisoner, began his speech
to the jury in the opening of the defense.
Though making no attempt at denying the
commission of the crime Mr. Chambers cit-
ed as the line of defense drunkenness on the
part of the prisoner and that the shooting
was the result of the quarrel and was done
so quickly as to allow of no time for sober
meditation and better judgment. At the
conclusion of Mr. Chambers’ address of ten
minutes the hearing of testimony in behalf
of the prisoner was begun.
Alice Gardner was the first witness called
(This was the same girl who on Tuesday
testified for the Commonwealth under the
name of Alice Miller.) Ineversaw Miller
strike his wife that evening; Miller was
very drunk; he acted very funny and look-
ed as if he was crazy; this was only a few
seconds before the shooting occurred. (The
witness then told the story of she shooting
the testimony not varying from that given
by her Tuesday.)
On cross-examination the witness stated
that she knew Miller was drunk, but could
give no good reason for knowing so.
John Miller called. Was at Edendale
sehool-house July 21st, between 5 and 6
o’clock. After the shooting I went up the
road to where Roach was lying by the road
side; Robert Roach and I were in Osceola
in the afternoon; Robert had two drinks of
gin, I drank pop. Father was there at the
time and was drunk; It was hetween 3 and
4 o'clock; I next saw him after the shoot-
ing, when he looked very drunk.
Cross-examination. It was between 1
and 2 o’clock when we started to Osceola;
after I left the hotel I did not see father
until after the shooting occurred.
Daisy Gardner called. Live in Edendale;
was at Robert Roach’s on July 21st; I saw
Miller about 10 o’clock sitting on the
porch of his house; he looked as if he was
drunk; I saw Miller again about 6 o’clock
in the evening going from the road to the
house; I was near him; he came staggering
up the walk; I know he wasdrunk because
he acted like it; I saw both Roach and
Miller out in the yard; Miller told Bob he
had taken advantage of an old man up-
stairs to do it now; they got to fighting
then; Mrs. Roach got her husband away
and sent him home; then Miller kicked
Bob’s coat all around. When Miller got
his gun I ran up on the hill; I saw Bob
with his revolver and asked him what he
was going to do with it. He said nothing
unless the old man cornered him up too
close. ‘When Bob came out of the woods I
heard Miller say ‘Look out Bob this is the
time you’re going to get it.”’
On cross-examination witness stated that
she did not hear the first shot. Nothing
more of importance was brought out.
Garfield Gardner called. Was down at
the school house in the evening; after the
shooting I went up the road and saw
Roach lying by the road-side. Saw Miller
in his own yard when I went up the road
he was drank.
On cross-examination the witness re-
fused to tell who his father was. Witness
stated that when he saw Miller about 6
o'clock, before the shooting he was drunk,
but not very drink.
Mrs. David Miller called. Am wife of
David Miller; was at home when theshoot-
ing occurred ; I got home first; Dave was
terribly drank when he came home; was
not in Roach’s attic but in his hall up-
stairs; I was not in hiding.
Cross-examination by Spangler. I was
not in hiding and I never told youl
was; we did have a little trouble; don’t re-
member whether I called for Robert Roach
or not; went to Roach’s house because I
was afraid; I know my husband was drunk
because the hair was standing straight up
on his head; don’t remember where I was
when the first shot was fired.
Grace Miller called. Live at Edendale;
daughter of David Miller; was at home on
July 21st; saw Roach there, bnt didn’t see
him do anything then; saw Roach out on
the hill with his revolver and heard him
say ‘‘if Dave comes near me I'll shoot him
if I kill him dead; saw father come home,
and he was very drunk.
Cross-examination. Did not see any of
the fuss as I left the house when father
came.
Nathan Morriell called. Know Miller;
on July 21st last was in Osceola and visited
several hotels; saw Miller at Kewkels bo-
tel; he was drinking; saw him drink three
glasses of whiskey; it was about 1 or 2
o’clock; Miller was under the influence of
liquor, but can’t say he was drunk; saw
him going home between 5 and 6 o’clock
in the evening; I was at the school house
and heard both shots fired; they did not
seem very long apart.
Nothing new on cross-examination.
Mrs. William Russ called. Live in Os-
ceola; keep a restaurant; identifies Miller
as having been in her restaurant between 5
and 5:30 o'clock July 21st; could smell
liquor but could not notice that Miller was
drunk. No cross-examination.
Miss Eunice Hutton called. Live at
Edendale; am a school teacher; saw Miller
pass our house between 5 and 6 o’clock
July 21st, on hie way home from Osceola;
Miller walked straight enough, but I
thought he had been drinking a little from
the way he talked to me. No cross-exam-
ination,
George Lane called. Live at Tyrone;
was in Osceola July 2ist; saw Miller there
at the Lane house; he was drinking some;
it was about 4 o'clock; he had several
drinks. Nothing new on cross-examina-
tion.
John W. Colins called. Live at Sandy
Ridge; am a Justice of the Peace; saw Mil-
ler at my office after the shooting; he ap-
peared intoxicated and laboring under a
great strain. Nothing new on cross-exam-
ination.
J. J. Coffee called. I took Miller to the
’Squire’s office; while he was in my charge
he took no whiskey. Nothing on cross-
examination.
At 10:40 defense rests.
COMMONWEALTH'S REBUTTAL.
In rebuttal the Commonwealth called as
first witness Loyd Shoff. Live at Osceola;
am bar-tender at the Lane house; Miller
was there on July 21Is¢; he got two whis-
keys and one beer; aside from him talking
a good deal I did not notice that he was in-
toxicated. Nothiog on cross-examination.
D. W. Schnarr called. Live in Osceola;
saw Miller on July 21st, a little after 5
o’clock; Miller was not drunk and didn’t
even appear to have been drinking. Noth-
ing on cross-examination.
John Emerick called. Live in Osceola;
saw Miller on July 2Ist in the morning;
saw him also in the evening; he wasn’t at
all drunk; did not stagger and talked very
sensibly to me. Nothing new on cross-
examination.
Grimshaw Taylor called. Live in Osceo-
la; saw Miller on July 21st on his way
home in the evening. I noticed nothing
wrong with him in any way.
J. J. Coffee re-called. When I took Mil-
ler into custody his actions were not those
of a drunken man.
At 11 o'clock the Commonwealth an-
nounced that they were through, the de-
fense had no sar-rebuttal and the court de-
clared the evidence closed. Two hours
were allotted to eash side for argnment.
THE CASE ARGUED.
It was juss seven minutes past eleven
o'clock when District Attorney Spangier
opened the argument for the Common-
wealth. Mr. Spangler in less than an
hour’s talk confined himself entirely to a
re-view and summing up of the evidence,
which he did in a calm, unimpassioned but
impressive manner. Mr. Spangler closed
at 11:45 o'clock and court adjourned until
1:30 p. m.
WEDNESDAY AFTERNOON.
Court called at 1:30 o'clock and imme-
diately after the clearing up of some rou-
tine court business E. R. Chambers, Esq.,
began his argument to the jury in bebalf
of the accused. Mr. Chambers started out
in quite a poetical strain but soon got
down to the level of the evidence in the
case. He spoke fifty minutes and made an
earnest plea for a verdict of one of the
minor degrees. At the conclusion of Mr.
Chambers’ address Col. Wilbur F. Reeder
at once began the closing argument for the
defense. Col. Reeder re-viewed the evi-
dence in the case very closely and conclud-
ed with an eloquent petition to the jury to
render a verdict commensurate with all
the testimony presented. Col. Reeder
spoke but fifty-five minutes.
It was just 3:15 o'clock when J.C.
Meyer, Esq., began the closing argument
for the Commonwealth and the last
in the case. Mr. Meyer spoke very
earnestly, at times brilliantly, for a period
of forty-five minutes. He dwelt specially
on the fact that the case had all the ele-
ments of murder in the first degree, declar-
ing that the very lapse of time from the fir-
ing of the first to the second shot was suf-
ficient to show that the act was premedi-
tated ; that the man’s own declaration that
he ‘“‘would kill Roach if it was six week’s
afterward,” showed undoubted intent. In
closing Mr. Meyer asked for a verdict of
first degree, as the only rendering justified
by the crime. :
At 3:55 Judge Love began the delivery
of his charge. The court occupied thirty
minutes in delivering his charge, which
was very fair and impartial throughont.
It was just 4:30 o’clock when the Judge fin-
ished and the jury was sent out to delib-
erate.
THE VERDICT.
It was just 7:30 o’clock, or two hours and
forty-five minutes after the jury went out,
when the court house bell was’ rung to an-
nounce the finding of the verdict and in
just five minutes the court room was
crowded to the doors. The prisoner was
brought in by Sheriff Brungait and his de-
meanor was as apparently calm and un-
moved as it had been during the trial.
Court was opened by Simeon Haupt and at
7:28 the jury filed into the hox. The ver-
dict was hauded, sealed, to Prothonotary
Gardner who passed it to the court for in-
speztion, after which the clerk read it as
follows :
“Gentlemen of the jury, hearken to your
verdict as the court has it recorded. You
say you find the prisoner guilty of murder
in the second degree, and so you all say,’
and the jury responded ‘‘Aye.’’
Miller never moved so much as a muscle
when the verdict was announced. Court
immediately adjourned.
When the jury went out it stood on the
first ballot nine for a second degree verdict
and three for first degree. Considerable
dissatisfaction was expressed by the people
from Edendale and that section over the
verdict, they declaring that Miller should
have heen given the full penalty of the
aw.
Attorney E. R. Chambers said Thursday
morning that they would not enter a mo-
tion for a new trial, being satisfied with
the result. Such being the case Miller
will be sentenced some time next week.
Emperor Will Attend.
Krupp's Funeral to be Held at Father's Humble
Home—Disposition of Vast Estate.
BERLIN, Nov. 24,—The funeral of Herr
Krupp will take place from the little old
house were his father lived poorly while
striving to cast the first steel gun, Emperor
William will attend.
The will of the deceased gunmaker, ac-
cording to a semi-authoritative statement,
provides that the works shall not be
turned into a joint stock company under
25 years. Meantime the revenues of the
whole property will go to the widow, and
after her death to the eldest daughter.
The value of the estate, estimated by bank-
ers who were connected with Herr Krupp,
is $75,000,000. This does not include se-
curities owned by the deceased outside of his
manufacturing plant, which may . possibly
amount to as much more.
The suicide theory bas not yet quieted.
The Cologne Gazeite says; Whether he
died of shock due to excitement and em-
bitterment over the attacks made upon him
or whether, adjndging himself guilty, he
took his own life, are questions which,
however answered by the accusation itself,
must halt at his death.”
It appears that after Herr Krupp re-
gained consciousness on Saturday he in-
sisted on discussing with his solicitor,
Herr Korn, the prosecutions of the news-
papers for publishing accusations against
him, and that thereupon the second stroke
followed.
Fireman Becomes Hero.
Blown 300 Feet by Exploding Engine, He Warns
Other Trains From Disaster.
JOHNSTOWN, Pa., Nov. 24—At Mineral
Point, near here, this morning a pushing
engine exploded, killing two instantly, fa
tally injuring one and seriously hurting
others.
THE DEAD.
Scott Seese, flagman, of Altoona.
Daniel Pringle, engineer, Conemaugh.
THE INJURED.
Harvey Miller, fireman, Conemaugh.
Samuel Davis, conductor, Altoona.
Harvey Miller's escape was marvelous.
He was on the exploding engine and was
thrown 300 feet and landed in some berry
bushes in a sort of swamp. He hurried
back to the scene of the wreck and flagged
two trains which were coming up the track.
As he had no lanturn he had to jump on
each train and talk to the engineer, so
that his feats in trying to prevent worse
damage were not the least notable part of
the terrible accident. It is believed the ex-
plosion was due to low water in Pringles’
engine.
ADDITIONAL LOCALS
——TU. of P. defeated Cornell at foot-ball
yesterday by the score of 12 to 11.
CAEL LI LE CREA SSR
——Dr. Yutzy, professor of theology at
Susquehanna University, preached in the
Lutheran church at Rebersburg, last Sun-
day evening.
——State closed a very successful foot-
ball season at Steelton yesterday by being
defeated by the all-star team of that place
by the score of 6 to 5.
——The Bellefonte Academy .and State
College town foot-bhall teams played each
other to stand-still on the glass-works mea-
dow here yesterday afternoon. The score
was 0 to 0.
fn
——The two Philipsburg boys convicted
of sand-bagging and robbing were yester-
day sentenced to nine months in the county
jail. Rice has to pay $25 fine in addition.
Kulp escaped without a fine.
HELD oN A SERIOUS CHARGE.—Luth-
er Kline, who resides on the north end of
Allegheny street, was under $500 bail to an-
swer for an attempted assault upon Myrtle
Reeder, a nineteen-year-old Milesburg girl.
Last Sunday afternoon Kline, who is a
married man and about 40 years old, hired
a horse at Brooks’ livery and drove to Miles-
burg, ostensibly to employ a servant for
his wife, whom he represented to be ill at
her home at Lemont. Upon promise of
wages of $2.75 he secured the Reeder girl
and hrought her to this place, where they
had lunch. After dark they continued on
the road toward Lemont and when on Rish-
el’s hill Kline undertook to assault the girl.
She repelled him and jumped out of the
buggy. Then he tiied to coax her back,
but upon her refusal he threw her clothes
out and left her to wander aboat in the dark.
She finally reached the home of Reuben
Kaup, at Hume’s mill, and stayed there
for the night.
Saturday morning she came to Bellefonte
and made information against Kline. He
had returned to ‘the livery about 3 o’clock
Saturday morning and was easily located.
In default of bail he went to jail.
Kline had just finished a term in the pen-
itentiary for a similar offense.
Yesterday he plead guilty in open court
and as the girl said he had used no violence
with her he was fined $10 and costs.