The Abilene Reporter (Abilene, Tex.), Vol. 29, No. 38, Ed. 1 Friday, September 25, 1908 Page: 2 of 11
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DISTRICT
(SOU
T-
LARGE CROWD
MAX MILLER CASK CALLED AM)
BOTH SIDKS ANXOUXCK READY
FOR TRIAL.
SPECIAL VENIRE OF 1 80 MEN
Task of Selecting Jury a Tcdlons One
and at 3t00 O'Clock Only four
Men Imd been Accepted
by Tlio Lawyers.
In District court this morning tho
trial of Max Millor murder case which
was transferred from El Paso county
hero was begun Nearly all of the
special venire of 180 men responded
to their names. Some few were ex-
cused by tio court on account of sick-
ness and legal exemptions nnd the
task of selecting tho Jury was com-
menced. District Attorney W. P. Ma-
baffey is conducting the prosecution
assisted by attornoys B. A. Cox W.
D. Scarborough and R M. Ovorshiher
attorneys J. F. Cunningham and S. P.
Hardwicko of Ablleno and Judge M.
W. Stanton of El Paso represent tho
defendant.
The alleged murder occurred in a
saloon in El Paso aout Oct. 4 190G
and Miller Is charged with having
killed J. F. Turley a locomotive engi-
neer who lived at El Paso. Miller was
tried in El Paso and sentenced to a
term of 99 years in tho penitentiary.
His case was taken to the higher court
and reversed and gent back for new
trial on tho ground that public senti-
ment in 'El Paso was such that he
could not et a fair trial. The case
was transferred to Ablleno and Millers
attorneys secured bond on habeas cor-
pus proceedings in a few weeks after
Miller was brought here which was
tho last of February this year. In
March last the caso wag continued
until this term of court.
Tho petit jury for this week was ex-
cused and ordered to report the sixth
-week of court unless notified to the
contrary.
the door and tho two went away. That
In nbout ten minutes they came back
nnd talked to Manning agalif when
Mrs. Miller naked them If slio had
bought any beer for thcmt Turley nn
swcrlng that she had not Mint Miller
cursed Turley nnd he Turley ran
behind tho bar and got rtqwn on his
hands nnd knees saying as he did so
Mr Miller don't shoot me. That Mil
ler told him to get Up which ho did
placing both bands on the bar gutter
that Turloy turned half around nnd
bent over when tho shot was fired.
That Turley fell face down and never
Bald n word nfterwnrdB that Max Mil-
ler went around the bar and told him
to get up that ho was not hit that ho
told Miller that ho thought he had
killed him.. That Miller left tho Baloon
In a few minutes after tho shooting.
That Turley wag shot In tho left shoul-
der and tho bnll passed through tho
body and lodged on tho right side. On
cross examination the witness said
that ho bought an interest In tho sa
loon about a month after tho death of
Turley and gave a further description
of the room and fixtures and the con-
versations which took plncc.
Court met promptly at one o'clock
and tho cross examination of tho wit-
ness Dlakey was concluded. Mr Sul
livan tho undertaker who attended
the body of Turley was next called
and testified Tho state then rested
and the defense began the first wit-
ness to be introduced being W. B. Bull
an official court reporter who took the
testimony at the examining trial. He
said he took the testimony of T31aceq
and that ho did not thlnlo ho made
any errors. He was shown copy of
the testimony and said It was the
copy he made. Cross. examined he said
that It was possible for him to make
errors. Justice of the Peace Mitchell
was next called. He said he officiated
at the examining trial. Was shown the
testimony of Blakey and said that the
corrections shown to have been made
lie thought were mnde by a Mr. Gra
ham. A largo number of witnesses
are vet to be examined.
The members of the .fury are: G. W
Holmes C. P. Davis J. D.Harrison
W. J. HIgglns J. E. Casey T. C. Frof
J. W. Arendall John Aston W. S.
Crow W. T. Cox W B. Buzby and W.
H. Goodwin.
Complete line of heavy
and Shelf Hardware
Harness and strap goods
I
Complete line of heavy
and Shelf Hardware
Harness and strap goods
.
JHE best" quality that money can buy is what you get when you buy a
PETER SCHUTTLER or a T. G. MANDT Wagon ANCHOR and
HENNEY Buggies NATIONAL STOVES and RANGES ROTARY
DUTCHMAN DOUBLE DISC and GOOD ENOUGH SULKY PLOWS
Over Hardware
was not connected In any way with
the Family Grocery Saloon. Owned
tho Legal Tender saloon which was
about 5 block from the Family Gro-
cery saloon. His residence was about
1-2 block from the Family Grocery
saloon. The day of the shooting I
was at my place of business until
about ten O'clock at night. Drank
considerable during the day. Left my
business to go home. Was passing
Ttattlllir fltrnni Cnlnnn nn Ann.!..
" ' v. ..v. VU unyuMKl . p11M.- !.
side of street and heard my wife's DISTBICT C0URT TAKES RECESS
uivo in luc auiuuii. iwui mjiUBB lilt;
noon and tho cross examination was
sot taken up until LIB ' Tho case has
not rqeulred as much time as was first
thought as only one of the four eye.
witnesses were present at the trial
tho others being out of the state. Tho
argument by the councilwIU likely
be begun tomorrow and the speeches
of the attorneys will be among the
best ever heard in Abilene
Prom Tuesday's Daily;
In district court tho trial of Max Mil-
ler was resumed at 8:30 o'clock this
morning and the taking of testimony
begun. C. W. Blackey of El Paso was
tho first witness called. He testified
In substance about as follows: That
ho knew the defendant Max Miller and
the deceased J. F. Turley that about
Oct. 1st 190G he wag in tho Family
Grocery Saloon on Overland street
In El Paso Texas. Tho saloon was
run by a- man by the name of Man-
ning. That on the evening of the al-
leged killing that ho and three other
men by the name of Spnser Adams
and Turley played cards in the back
end of said saloon from about 7:00
o'clock in the afternoon until about
10 o'clock that night. That during that
time Mrs. Max Miller came into the
wine rpoms and bought some beer
and that while she was there Max Mil-
ler came in and talked to her and took
a glass of beer from her and told her
it was her move and pushed her out of
From Wednesday's Dally:
In dltsrltc court the taking of testi
mony for the defense In tho Max Mil-
ler case was resumed at 8:30 o'clock.
Cnpt. W. H Mitchell ex-chief of Police
and now deputy sheriff W D Greet
deputy sheriff and ex-captain of Po-
lice J. H. Briggs Custom office and
ex-iollcemnn J. J. Crawford con
tractor and builder J. M. Mason car-
penter N. Clements constable Rosg
Bryan merchant R. J. Owen civil en-
gineer R. L. Smith restaurant busi-
ness and J. R. Blackward son of Dis-
trict Judge J. H. Blackward deputy
sheriff who was jailor at tho time of
tho shooting were all placed on tho
stand an deach testified that they
had known the defendant Max Miller
from 8 to 22 years. That his reputa-
tion was that of a peaceable and law-
abiding citizen. That it was custom-
ary for saloon men to keep fire arms
under their bar. The defendant took
the stand at 11:30 o'clock. Said he
was 38 years old came to Texas at
tho ago of 5-years from New York
with his parents brothers and sisters
Lived in Dalals until about IS years
ago when ho moved to El Paso. He
street and got her. My wife was In
the saloon without by knowledge or
consent and It was the first time I had
seen her in a saloon. I had often
told her to never go to a saloon and
had never known of her doing it be-
fore. We went home and in about 15
minutes wo returned at my -wife's re-
quest in order for her to prove she
had done nothing wrong by being in
saloon She asked Manning if she
had done anything and he said she
had only bought some beer I said I
guess she had been buying bder for
everybody that came along and a man
spoke from behind the partition and
3
said she had not bought beer for
them. I told him to shut up and told
my wife that it looked to me like she
had been buying beer for every hobo
in town. Turley then said you cannot
call me a hobo and jumped up from
hhl chair and came towards me. I
squared myself expecting a fist fight
and Turley turned and went back be-
hind partition and came back behind
the bar stooping over I thought ho
was after ft pistol. He Was going
where a pistol was usually kept.
Thought If he got It he would kill me
I pulled my gun. He had his hands
on work board. It was necessary for
him to stoop to get pjstol and I
thought he was after one and would
come up with it. My pistol fired be-
fore I Intended to fire. It was fired
accidentally and I did not intend to
pull the trigger.
Court adjourned at this point for
TO AWAIT ARRIVAL OF WITNESS
The cross examination of the defen-
dant Max Miller was concluded yester-
day afternoon and the defense rested.
The state recalled two witnesses and
introduced Manning a state witness
who had not been examined. A ques
tion of law as to tho admission of cer
tain testimony had at the examining ! often saves it
?
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JStimpanv
.if )
Farafers.cifrbur seed cotton to p- "V"
Bob jfaxwfojflBest results. j iS J
J F-- If .
TllOS yjteakwof Houston in horn via. . - CIV
Ms prfents Capt C. W. and A. . Jt LA j ' C (L.
bLm.. t5sz:
0 fc-J" 'iiJp
Ring
Mrs. Leake
Poland China hogs and pigs for
salo. A. T. Clark &-Son creamery.
36tf
BANKING
The handling of a bank account
gives you a practical business edu-
cation. It trains you to think twice before
spending moaey. Tho second thought
trial come up and the rest of the even-
ing and all of this morning was con-
sumed by the attorneys in -arguing
same before the court. At 11:00 o'clock
this morning tho court announced that
recess would be taken until Friday
morning at ten o'clock in order to givo
time for the state to get three other
witnesses here.
The case will more than likely con-
sume all of the week and probably
part of next week. Yesterday It was
thought that It would bo given the
jury by Friday.
f
DeWItt's Carbollzed Witch Hazel
Salvo Is tho best thing to use for piles.
Sold by J. D Magee. '
S. D. and Airs. Jobe returned Thurs-
day evening from Mineral Wells where
they went for the benefit of tho lat-
ter's health and he'r friends are glad
to learn that she. Is feeling much bet-
ter than when she left here.
Kodol will without doubt make
your stomach strong and will almost
instantly relieve you of all symptoms
of indigestion. Get a bottle of it to-
day. It is sold here by J. D. Magee.
A bank account enables you to pass
over periods of sickness without em-
barrassment. When you lose your position you
do not have to accept the first thing
offered but can afford to wait for
something better.
A bank acount gives you something
to depend on in any emergency.
A bank balance is a good thing to
leave to those dependent upon you.
With a check book in your pocket
you can close a deal while tho other
fellow Is "in the notion."
Successful management of your own
affairs shows that you are capable of
managing the business of others.
BANK WITH US
WE ARE DEPOSITORY FOR THE
UNITED STATES AND FOB THE
PEOPLE OF TAYLOR AND JONES
COUNTIES. .
v
Commercial
National Bank
ABILENE TEXAS
GETTING A GOOD PURCHASE '
is half the battle when you want to
move anything and you'll get a good
purchase If you heln us to mom oi'ir
big stock of
THOROUGHLY SEASONED LUMBER
which has been cut from the soundest
timber nnd is guaranteed to be free
from all imperfections. Contractors
and builders find bargains here at all
times
Taylor County
Lumber Company
F. C. DIGBY ROBERTS
President and Manager
LUMBER FOR SALE I
I Attractive Prices 1
BEBNUBD BBOWH HS:
Dr. A. D. Hamilton
Dentist
Office over Eugene Wood & Co.
Pine Street
!
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Majestic and Garland
Ranges
Garland Wood and Coal
Heaters can't be beat
Racine Buggies they do
please the people
Winchester and
Stevens Guns
K
HES-COIMPAIMY
are and Vehicles
Ea s jm
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Em Had
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Glass and Queenware Silver Granite and Tinware
Best Brands in Cut Glass
Garland Cook Stoves
the World's Best
Hemp Air Tight and
Perfection Oil Heaters
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Mitchell Wagons a No. I
is guaranteed.
Eastman Kodaks
Laclede Bicycles
Are the best
.
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The Abilene Reporter (Abilene, Tex.), Vol. 29, No. 38, Ed. 1 Friday, September 25, 1908, newspaper, September 25, 1908; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth314513/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.