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THE AMERICAN,
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AMERICAN PUBLISHING COMPANY
Rwmi 4IM3.I4 Shsrly Block.
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0. THOMPSON, toiTOft.
W, C, Ksi.i.sv, HiiMih-m Minister.
0.4'tllA, FRIDAY, DEC. , INHl.
IV Tin Amiricaii i tiir chami'io or am.
I'AMTIOTIC ttiliHS-THMIMIA OV NoMt.
THE MtLl.Kll CASK.
Predwbly no murder ever committed
In Douglas county bus created a more
widespread interest tlian that which
robbed South Omaha o( her chief ex
ecutive. The reason of this Intense IntereHt 1h
easily aecounted for.
When the citizen of South Omahn
became Indignant at the lawlessness of
their city and handed together last
year for the protection of their homes,
they naturally cant about for a man of
sufficient moral and physical courage
to honor and trust In the highest cilice
within their gift.
After considerable Inquiry they set
tled upon Charles P. Wilier as 1he man
' who would make war upon the gamb
ling houses, who would cloco the
saloons on Sunday and put an end to
the brutal fistic encounters for which
their city was rupldly becoming famous,
Charles P. Miller was nemlriated and
..'elected mayor. A few months after
taking the oath of tfllcc he ordered
the law to be enforced.
When It became apparent that he
would not violate the trust upend In
him by the citizens of his lown, certain
gamblers began risking overtuus to
him in the hoje of obtaining permis
sion tocatiy, en their tuiltos ly the
payment of a ce rtain amount monthly
One of, tho- inn, molding to
'J? .toft Blckwd, ns Dick Berlin.
I-it Miller rimalntd steadfast. Their
"-4r( their fffirs made no visible Irn
predion ut him.
Ar:d when that ley Hayes called
upon Mayor Miller a few days before
the mayor was murdered, the inter
view between them was so violent that
Mr. Miller became alarmed and went
In ami liny with her mother to an
adjoining room to listen. Frem her
place of concealment she heard her
husband exclaim, "I can't do It," at trio
same time bringing his fist violently
down upon the table.
The following Monday the mayor had
business In Omaha, lie remained here
all day, and In the evening, a short
time after supper, ho telephoned his
wife that he would not bo home for a
short time.
That night was spent away from
home, and tbo following day ho was
seen upon our street by a number of
friends, who testified to his sanity.
Among the number who saw and con
versed with him were County Clerk
Backctt and Col, Esmond. Mr, Hiiekott
V (... 1 . .......... 1 1 ,..,! 19 .!, ,! on
PBW IJIIIJ IWIWt.Teil Jl HUM MM ll.,ir jtt
Fourteenth street, and Col. Ksmond
met and snoke to him on Thirteenth,
near Douglas, between 12 and 1 o'clock,
Between 12 and J o'clock of that sumo
day Lou Heott swears ho was at her
houso In company with two nicn one
a tall, slim, light complexloned man,
the other not quito so tall, dark and
heavier, Clara Allen swears to the
same thing. They both swear that
Miller seemed to bo dazed not drunk
that he seemed to be weak, and that
he acted as though ho wanted to sit
down,
A few minutes after that about one
o'clock, Clara Allen swears she saw the
man in light clothes, whom sho had
seen but a few minutes before In the
company of Mayor Miller, standing in
a patch of weeds, on tho hillside north
of Dodge street and west of Eighth.
Hhe saw him looking to tho east; saw
him reach behind In tho direction of
tho right hip-poeket; saw him draw a
revolver with his right hand; saw him
level It, take aim and fire, then run
down tho sldo hill through the weeds;
watched him until he dlsapiMtared
from sight; saw his head reappear
about whero Mayor Miller's body was
found; watched it as It disappeared
from sight as though stooping over;
lawhlmcomo up Eighth street, look
back over his shoulder then walk up
Dodge street to a point about where
there Is an opening between the house
on Ninth and Dodge and tho one Im
mediately In its rear; sho saw him stop
there and look back, then walk slowly
along Dodgo street west, Hhe swears
sho saw Dick Berlin come up Eighth
street, saw him stop at a point about
whero Miller's body was afterward
found; saw hlny anA come up
Eighth streeti didn't taw him go
've.son Dodo man In
. "It
1
-iiiit a ln h Ifetlin, t i.tfe stiii
t'lhif ln n IhiMti lm tnnU
Mtith Mtitl I sii i In Mm ,u li'
i!limti iln lo ahtiv Matt
Mil!, t'j U!y fi'iili.V Still Yv "lit r, A
him s U littf Un isn wlnm b' It ad
Mtn en ttu- trp In tivMt it tin lim
lirfl- ht It Mil.
Iituiii'illni, lv alter the ri nil lite
luilv l( l lM.it Wo lU.iis ik tli
rnm In i-hargi ami, viiU'm n -si l ae
lle, put MfMi-s, Hnvti and lKmpn, tv
iWilti itntnnilt) at wink up It. The)
mill!''l tUeniMlves that It n ul
t ide. Tho ddlowlng limi hliiif the dully
pifM gnxt a ginphlo sihuuiiI nf tin
sulehU'i
We were Hot sal lulled Ml Ihe putf
llnhitl vxu't. We did lint think It
was siilelde. There was no siillU-letit
ivitti given a to why he would li
to take his own life. Ho was piierou,
happy and had a host of friends.
Everything to live for nothing In the
world to tnxphv thoughts of self
ilestruetlon, The testimony of physi
cians as to jmwder marks on his head
conflicted: the course of the bullet wa
wrong; the winding of the noto found
UMin his person was not that of H sui
cide; tho revolver laid hut six inches
from the futul wound; his hut was
rlght.sldo up near his head not blown
away as a straw hat would Ihi by u puff
of powder not olT to the right side.
These, together with circumstances
necessary to curry out the theory of
suicide which were missing, caused us
to regard it as a cuse of murder. And
so, iHtlleving as we did, we took up the
task of proving that It wus murder and
not suicide which robts'd Mrn, Miller
of a husband,
Coinctcnt detectives were employed,
and when they found a woman who said
she had scon a shot II red in the vicinity
of where tho mayor was found, they
took her before Major Miller, who bad
been retained by Mis. Miller, upon tho
suggestion of friends, and allowed him
to question her. He listened to her
story and concluded that she was telling
the truth. Bho was then taken to
Houth Omaha, by Deputy HherllT
Thompson, where she positively Identi
fied Charley Hayes as the man who
fired tho shot.
The 2fth of November, sho went Isi
foro the assistant county attorney, Mr.
Donovan (a Humanist) and made an
afjldavlt as to what she knew, He did
not want to take the responsibility of
beginning so Important a cas and
staved Mrs, Miller s attorneys off until
Mr, Maboney (a Kornariist) tho county
attorney, returned home. He examined
tho case, approved the complulnt of
Mrs, Millor, caused tho arrest of Her
lln (Komanlst) arid Haves (Ilomanlst)
and then stated according to an inter
view In tho dally papers that If tho
witnesses would swear to what they
said they would, he had a good case,
A few days afterward tho ease came
on before Judgo Herka, Miss Allen,
the witness on whom th friends of
Mayor Miller had counted as tho
most Important witness for tho state,
took tho stand arid testified. Her testi
mony was given In a straightforward
manner, and all who heard it believed
she told the truth. Tho following day
for threo hours and twenty-flvo min
utes sho was subjected to tho most
rigid cross-examination wo ever list
ened to, but sho never deviated from
her first statement,
Up U) that hour very little fault
could havo been found with Mr. Ma
honey's manner of conducting tho easo,
but Immediately thereafter there was a
charge, Ho Introduced Herlln's part
ner as a witness for tho state, andalso
fieorgo Deaver. tho brother-in-law of
Hayes, and while tho witnesses of tho
state were excluded from tho court
room, those for the defense mingled
with tho crowd, listened to the evi
dence, and then came on the stand and
testified.
In short the defendants were aided
In every possible way while at the
same time the Interests of tho state
were, apparently, neglected,
Witnesses were not called who could
throw light upon the case, Mrs, 11 line
was not asked whether any one had of
fered her money If she would leave the
city and not testify, Hhe wn asked
whether any one had talked to her
about leaving tho city, and sho an
swered In tho affirmative. Who would
bo Interested In getting her out of
town who but the friends of tho de
fendants')' Why should the friends of
innocent men want witnesses to absent
themselves'
Therefore, when, on Wednesday
evening Maboney arose and asked tho
court to dismiss tho prisoners, and
stated that he would riot "hang a dog
on such testimony," It only fulfilled tho
prophecy of certain prominent mem
bers of tho A. I'. A. who hail been
close oliservers of what was going on.
That Clara Allen towtlfloif u what
she believed to be the truth wo firmly
believe, and ' unfortunate it is that
there Is no other person who saw tho
shot tired who has tho courage to eomn
forward and tell tho truth. Thev
should havo done so for two reasons,
First, to havo cleared Hayes and lie Win
If tliey worn Innocent; and second, to
have convicted thorn If they were
UTullty.
Miss Alien ceriainiy eouiij nave row
no Interest In seeing Hayes or fieri In
convicted of this crime, except to see
Justice done. There was no reward
offered by tho state, county or any In
dividual, to our knowledge, for the
conviction of the murderers, therefore,
one could not charge her with trying
to swear away two Innocent lives In the
hoMi of M'ourlng a few paltry dollars,
ft will take jMisltlvo proof to convince
us that Miss Allen would wilfully, In
tentionally or deliberately swear to a
Ho when two lives were Jeopardized by
her testimony,
r.lther jjick iiernn ami ( nancy
Hayes murdered Charles I', Miller, or
there are two men In this community
who did who dressed as they dressed
at the time and who were In general
apiM'aranoo their countornurts. We
havo our own opinion and shall keep
rltrhton working to unravel tho mys
tery. Those people who read Clara
Allen's testimony and believe she saw
a man In light clothes lire a sliot, ami
desire us to push this case are re
que"d to wind In any amount they
trlouto. We propose to
istlrrutkin.
ON TKIAL
, ti ,
U It ftiSit l!?
Ns nr.
It It a a roimi?
W, sir.
Whs Old ywi jo Into the fut tso,
hsl b ad von Into ttus front nin
1 tut In the front t-mi nimislis,
V dlnn't go tttlrt lb front rm ep
stslrt at all?
No, sir.
Aflrr you went Into your twu you
d nwd!'
Yes, sir.
I an ymi we out on thu street from
your roomy
No, sir.
Then after you had dressed you went
down stairs agalu?
Yes, sir,
Was It ytt one o'clock when you went
lown?
Yes, sir.
It was one o'clock?
It was after one o'clock.
Now you say you saw a man Are
pistol?
Yes, sir.
Had you bci-n up stairs before or
after that shot was fired?
No.
When you cumo down where did you
meet Miss Heott?
I didn't come down. I hadn't gone
up when I heard the shot.
You didn't see Miss Heott until after
you went up stairs, did you?
No, I heard the shot, and after a bit,
I went up stairs and dressed
And comu down?
Yes, sir.
You say you heard the one o'clock
whistle blow?
Yes, sir.
Whore were you when you heard
that whistle blow?
In my room dressing
From the time when these men loft
until you were In your room dressing,
bad you seen Miss Heott?
No, sir.
Then you hadn't seen Miss Scott un
til you came down stain and after you
had dressed?
No, sir.
Was she In tbo bouse or on the
veranda?
Hho was down stairs, clear down on
the sidewalk when I seen her.
When these wen loft, where did Miss
Soott go?
She wont down In her room to dress.
She didn't come out on the porch?
No, sir.
She was not on the porch with Jou
tfterwards?
No, sir,
Until you went out on the street?
No, sir.
And went to Judge Brandies Court?
Yes, sir.
Then the first timo you saw Miss
Bcott after these men loft was after
you had gone to your room and had
dressed and come down, and come and
met her on the porch?
Yes, sir, 1 met her down stairs on
the walk.
Hhe was not on the porch?
Hho did not have to go on the porch,
he went on the sidewalk from down in
the basement,
Was her room in the basement?
Yes, sir,
Then there are three floors, base
ment floor, parlor floor and upper floor?
Yes, sli,
Do you know whether she went to
the basement Immediately after the
went?
Yes, sir,
Hhe went down to the basement?
Hho went to the basemwnt before I
came in.
When you came down stairs you
camo down to the basement to moot
her?
Yes, sir.
Arid when you camo out on the street
to go to the Court you came out of
side door, or a front door?
Front door.
Which is on a level,' or nearly a level
with the sidewalk, Is St not?
Yes, sir.
When you mot Miss Ew tt, y ju told
her who llerlln was, cislii't you?
No, sir.
Did you tell her that you H"W Mayor
Miller?
No, sir.
You didn't tell ber anything about
that?
No, sir. I
Did you tell hef t-.at you 1 ad seen a
man fire a shot?
No, sir.
Did you sjieak
shot fired?
No, sir.
o ber i. ! x., seeing a
You saldnothltg tii r tvboutltat
all?
No, sir,
And you did not say t Iter then that
ono of these men hm f one across the
stroet, and you ha J seen hbo (ire a shot?
No, sir, I did net.
Did you say to ber t nr.y time on
that day?
No, sir.
Then you never toll her that you
knew Berlin, and yf ui 'ver told her
that you knew thli o'nr mn?
No, sir.
, And you did know ih t ;hls other
man was the Mayvr tf t'tn th Omaha?
YJS, sir.
Were tbeso men lol- 'ioated or had
they ben drinking?
Niv sir.
Did j.hi,h. tUt Mirer Miller had
Ni, Sit; be UJ Wet Set s though !
bad b di hiking, Kit ) stupid
and dnmt looatnt.
Did )( ,im fivm Ih
lioeat ?
He i iomn bt stairs, I saw him
wfcts v ftvm the stslis
Dl.l rlihr of thtMW me take held of
htm?
No, sir,
Tbry didn't find ll lenvsMiry to hflp
Mm apparent!
No, sir.
Did he tt;gir or anything when he
walked
1 don't think he did.
Did he walk imrfeclly uprhiht?
No, he acted wesk, and wanted to sit
down, sleepy like.
And they seemed to havo some little
controversy In front of Bella Brandon's?
i es, sir.
You are familiar with the surround
ings there?
Y'es, sir.
You afterwards learned that a man
had Is-en shot?
Y'es, sir.
Where woro you when you first
learned Hint?
Htumllng In the back yard.
From whom did you leurn that?
From the patrol driver.
Who whs tho patrol driver?
I could not say his namo. I would
know him if I could seo him.
ti i , . . . .
j -mi you ten mm ID at you iiad seen a
man fire a shot?
No, sir,
You then went and saw this man
whero ho was lying?
Yes, sir.
You recognized hlra as the man who
had been at your house betweon twelve
and one?
Yes, sir.
And knew who It was?
Yes, sir,
And knew It was the mayor of South
Omaha?
Yes, sir.
Who went with you down there? '
I oould not say, Miss Scott was the
closest to mo.
Did she say anything to you about
the man?
Bho said, "Great goodness, Clara, its
the same man that was In the house."
Didn't you then tell her that you had
seen a man fire a shot?
No, sir,
Didn't you then ask her If she bad
hoard shot fired?
No, sir.
Didn't she say that the bad heard a
hot fired?
No, sir; not then, wo didn't speak
about the shot that was heard then.
You didn't apeak about bearing the
hot fired?
No, sir,
Did yu tell her then that you knew
one of the men that was with Miller
when he was at the bouse?
I said I had soon him I said I had
soon one of them and he belonged In
South Omaha.
Did you tell her what his name was?
No, sir.
You didn't tell her that you knew
bis name was Dick?
No, sir.
Or that you knew be was a (porting
man?
No, sir,
Or that he was a gambler?
No, sir,
Did you tell ber that be lived In
South Omaha?
Yes, sir.
Did she say she bad seen him before
or knew him?
I don't think she did.
You saw tho body of Mayor Miller
before It was removed?
Yes, sir,
And there were a great number of
people around there It was lying In
the weeds was It?
Yes, sir.
In a hollow?
Yes, sir,
Kind of a basin?
On a little bill like. It was not all
the way down in the basin.
North of where his body was lying,
there Is a large building?
Yes, sir.
It is tho Deerlng building?
Yes, sir.
West of where his body was lying is
a high bank?
Yes, sir.
Some thirty feet high?
Yes, sir.
And on top of that bank and over
looking It are three houses, are there
not?
Yes, sir.
Do you know how olose to this west
bank these three houses are?
No, sir.
They are very close to it, aren't they?
No, sir.
They are not very close?
No, sir.
Would you say they were as far as
ten foot away from that bank?
I could not say, I have never been up
thero.
South of where his body lay, there
la another high bank?
Yes, sir.
But not quite so high as the oco west?
No, sir.
Then this bank south of him sinned
off so that down where hit body lay the
bank was enly abou two fM?
! thUa h is
Vl,l li a lUt smith of htm it
W-ide4 titil eivuM rl l inhth trt
Y, sir,
Koyoa eimM walk itwitiil that batik?
Vm, sir,
And watn'l tln-r an abrupt dwM
front this bank en the west aid when
you oauiA mil ta tbv lot line H-lfi"
Strwl?
Yra, lr,
Of several fert?
Yes, sir.
Then you would come along on Ifctdg
treet rast, and come right around
onto Eighth street?
Yes, sir,
And keep going down almost alt the
w ay unt 11 you came to a otnt on Eighth
street opHlt to where tho body lay?
Yes, sir.
Did you not lee that there was a post
that had lsen cut off closo to where
his body lny?
Y'es, sir.
How high was that?
About that high (Indicating).
Hlx or eight Inches?
Y'es, sir.
What direction from that post was
his body Ivlng?
West, If 1 urn riot mistaken.
Would you say that it waa directly
west?
From where his body was?
Yes?
No, I would not say as to that, I re
member seeing the post, but I could
not say Just exactly.
You could not say whether It was
further south from tbo post or further
north?
No, I could not state.
How far would you say it was from
thO JIOHt?
I could not say as to that either.
Did you soe these men when thoy
camo out of Brandon's?
I could not say that they wont in
there, I didn't seo them.
Where was you standing when you
next saw them after you saw thorn in
front of Bollo Brandon's?
I was sitting on tho porch.
And hadn't you yet gone upstairs?
No, sir,
Whore were they when you next saw
them?
Mr, Hayes was standing on the hill
side? Wbiob bank was he standing on?
On the one facing the east.
That would be on the weat bank?
Yes, sir.
Next to the little bouses?
Yes, sin
And that was the highest bank? '
Yes, sir.
How far from the south lino would
you say he was standing?
I could not just exactly say as to that.
Up on top of that bank, there were
no weeds were there?
There were some weeds but not tall
like they were in the basin.
lie was standing on that west lank
was ho?
Yes, sir.
Wasn't he standing on the south
bank?
No, Blr.
Wasn't he standing on the east bank?
No, sir.
He was standing then on the west
bank near those three houses?
Yes, sir.
How closo to one of thoso tbroo
houses was he?
Ho was standing near the house
nearest the bank.
What kind of weeds were there on
top of that bunk?
I suppose sunflower the samo as bt
low, I could not say.
Did you notice how high they were?
They were riot very high.
At tho point at which he was stand
ing, how much higher would you say
you were than ho was?
I could not say as to that.
Wnleh would you say was the higher,
the point whero he waa standing or the
point where you were tanding?
I oould not say as to that.
Have you been there recently?
No, sir,
Have you looked at that place since
yesterday? .
No, sir.
Now how far you know what I mean
when I say the lot line, don't you?
Yes, sir.
That is, understand, the lino between
the pavement or sidewalk and the lot
where the fence is ordinarily?
Yes, sir.
Do you know about where that line
would be there on that west bank,
don't you?
Yes, sir.
Was he south of tl u lot line, Mr.
Hayes?
He was north of it,
now far from the ho iw was he, did
you say?"
He wasdown thcro more to tiiat tree.
Was he up on top of tho bark?
No, ir; I would rot m Ui,t he waa
on top of the bank, hi was drvn on the
side of the bank.
How far then north of Dolge street
waa he?
I could not say larUly as 'o that.
About how far wouUl you say?
I oould'not hai Jly! tell the distance.
Was he as far north of Dodge as the
front of the houp-?
Yes, sir. I '
He was fartliwr thstn the front of the
house wan hmP4' "
i f, sir,
Hil Miatt oftl.. ),mf
Ye, ir,
Tha hn In r ,i Hi eif
iJ.m
hmian ,ml, y,, f
I istt.UI n.tt liardly f as i Ih. I
What ,ti, w j,Mf K'ti (
lll'H
I ctmld mt hardly Nty,
Did ton notion ah tell av be
looking
Ye. sir.
Which way was he looking?
Km 1.
And your house, the hoiiss) whers you
were living was cast of where you were
standing?
Houth east.
Further east Is what I mean?
Yes, air,
Then there was a house right north
of you where Belle Brandon lived?
Yes, sir.
There was a house right south Of you
wasn't there?
Yes, sir.
Who IIvkI there?
Homo Indies Miss Brandon had room
lng there.
HI .. tl .
...I niiiiixi oouuiiiuu vuab uuuin
and had it leased?
Yes, sir.
On the south sldo of Dodgo street
what was there, there were a number
of houses on the south sldo of Dodgo
street?
There are only three.
Were they occupied at that time?
I think so.
Woro these houses on tho lorth side
of Dodge occupied at that L1n?
Homo of them wero m.
Were any of them oco iplsd tt that
time, do you know? 4(
Yes, sir. V ' ;
The upper purt of his body was stand
ing up over this bunk, assuming this
to lie the top of tho bank, the upper
part was over the bunk?
I oould seo just around about her on
him (indicating her hips).
Could you seo whether bis body wa
high enough to be over the bank?
About this much of it was over the
bank (indicating his head).
He could turn and look from Dodge
street and west and south of him?
Yes, sir.
So he was not entirely under the
bank?
No, sir.
Then you could see him down about
to hero (Indicating the bottom of his
pockets)?
Nut quite so far, he was sUnllcg
looking towards tho east, y
He was not looking dovvn? t
Ho was looking down thut way. 1
How long did ho stand tlAfX'
He may have stood there aitfnuAr
and maybe longer, I could not say.
Did ho look around to ward 1 you?
No, he didn't seem to raise his head
off of what ho was looking at.
Not out of this basin, did he?
No, sir.
And he didn't turn and look towards
you?
No, sir.
Did ho turn and look back of bim?
No, sir.
Ho didn't turn and look south of him?
Did he turn and look to the north of
him? .
No, sir. .
His attentlofTZwT-bf 'tleotiJ
(ntjtntlv tl thii V r.l tlilu tn.in9 '
Ves, sir. ' ' !
Ho stood there alittit a minute?
Yes, sir.
Didn't you yesterday testify that h
stood thero about five minutes, Mi
Allan?
No, sir.
After ho stood there about a minute,
what did he then do?
He shot.
Did you seo tho revolver In bis band
before ho pulled it out of his pocket?
No, I don't think I would see it be
foro ha pulled It out. ',
Vnii suvr him null It nut? i
Yes, sir. I
Did you notice which pocket hh4
it in?
Yes, sir.
Which iocket?
Klght hip pocket.
Ho held It down by bis ilde?'
No, sir.
What did he do?
Ho took it out of bis pocket and
stood thore a fow minutes.
And held It right that way for a
minute, you would think?
Yes, just about a minute, it seemed
to mo.
Could you see whether be closed his
eye or not?
xvo, sir, i naruiy ininn i coma wiai
far.
Ho seemeu to oe tooicing along ov
tho barrel of tho revolver?
Ho seemed to bo taking aim.
, After ho had stood there
minute looking down in that
flrod?
Yes, sir.
mu inai wu judii iui
, . .. A L
w?
,1 . - M
nai whs a iew mm
istlo blow.
iml you didn't thin
Sl'
WHS
To
4
f I
