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Crowded Courtroom Hears Judge Sentence Mrs. Miller SOLICITOR CARLYLE . “I only ask that Fred’s sent ence be no longer than her’s.” CAPE FEAR (Continued From Page One) "He doesn't know it. So when his report shows that he has failed to pass, he has no excuse to offer. "The inattentive girl probably does not hear the teacher well; but, "She does not know it. So she takes the demerits silently, and feels down in the depths of her honest heart that something is wrong somewhere. "Of course the parents ought to know these things and at tend to them, but, "When all the ‘ought t.o’s’ have been successfully attended to, the millenium will be here. Meanwhile— "Let us give the children a square deal. They can not give it to themselves.” The last sent ence was printed in bold face type. Only In His “Forties”-but WORN OUT FROM (SETTING UP NIGHTS! ’ Many folk# 40 and over have to get up n -hts—have frequent desire to pai# water - have backaches, too, because of minor .unrtional kidney disorders. If this ie your trouble, flush out your kidney# and bladder with Dr. Kilmer’s Swamp-Root. It quickly works to increase the flow of urine, help relieve excess acid ity, and ease burning sensation • • . helps bladder irritation th|t gets you up nights. Swamp-Root is truly nature’s own way to relief. Millions have taken it for three generations • • • often with wonderful re sults. Caution: Take as directed. For free trial supply, write Dept. A, Kilmer bt Co., Inc., Box 1255, Stamford, Conn. Or — get full-sired bottle of Swamp-Root today at your drugstore. Defendant Shows No Emo tion Over Pronounce ment Of Jail Term (Continued From Page One) the home of his sister-in-law where officers later apprehended him. He said he never recover ed his new shoes. “Why did you shoot David Miller?” Solicitor Carlyle asked. “Because I was scared,” Fred replied. He hesitated to say that Mrs. Miller gave him money while trying to persuade him to shoot her husband but did venture that she said he would never want for anything or ‘something like that,” if he did what she wanted him to. David Miller testified that he ivas 27 and had been married to the defendant for seven years. He said their two children. Patricia, and Sonny Boy, are aged 6 and 4 respectively. For the past six years he and his wife had lived near her father’s home where Currin had built a store and stocked it for him to run, David said. He said he had worked until 11 p.m. on the Saturday night before he was shot. He arrived uuiiic suuci, lie i ct-aiicva, iiuiu a poker game at 20 minutes to 5 in the rmrning, undressed and went to bed. David testified he was awak ened by a shot, got up, and chased a Negro man out of the house. He recalled being in the back yard near his car but said he remembered little after that. Far from cooperative with Solicitor Carlyle, David reluc tantly discussed his insurance policies, concluding that he had only one $3,000 life insurance policy and all of his policies had lapsed. He said he had become rec onciled with his wife after he talked to her and she told him she knew nothing of the shoot ing. He said he was satisfied that if she had anything to do with it she was not in her right mind. “If that is so, I don’t under stand the plea,” Judge Burgwyn interrupted. “Neither do I,” Solicitor Car lyle seconded. Not Responsible David explained that he would not have given his wife another chance unless he had been convinced she was not re sponsible for her part in the plot. He said his wife told him she st 11 loved him but was afraid he did not love her. But he assured her that he did, he said. < He said he had treated his wife pretty well during the last Start The Felt Hat Season ,.. 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Insurance Angle One day after Mr. and Mrs. Currin had visited David he be gan to discuss the situation, Mrs. Fisher said. He said he did not know why he had been shot unless it was because of his insurance, that he had about $10,000 in policies kept in Cur rin’s safe on which his wife paid the premiums, she recalled. He said that he expected that his wife would plead insanity as a defense but that she had never acted insane around him, Mrs. Fisher said David told her. With this testimony the solici tor rested the case for the state. The first state witness had been Dr. Stephen McIntyre, chief surgeon at Baker hospital, who recounted admitting David to the hospital in an advanced state of traumatic shock, near death, after the shooting on May 11. He said the bullet en tered David’s left breast, pass ed through his lung, and out beneath his shoulder blade. Blood plasma, glucose, and sa line solution was transfused im mediately, Dr. McIntyre said, but David remained in critical condition for 10 days and was not out of danger for two weeks. ^urnii nurncu Deputy D. J. Jones said that Allen Currin told him he was badly worried that his daugh ter might be implicated on Monday morning after the shooting and the officer offered to help if he could. That noon he accompanied Currin and his daughter out past their home near the Cottrell tenant farm on their land where Mary Edna made her confession. Tell your daddy the truth,” Deputy Jones said he advised Mary Edna. “Nobody can help you now but your daddy, the Lord, and a good attorney.” She then admitted she had persuaded Wiggins to do the shooting, Jones testified. She said David had got to where he stayed away two or three nights a week and she thought he no longer loved her. Jones recalled that her father asked her if another man was involved in the case and she was coaxed into admitting it was Garland Cottrell, son of a tenant farmer on the Currin plantation. She told them Garland had tried to get her to leave the United States with him and go to some island he had visited while in the Navy. She said she could not bear to leave her chil dren, and decided the onfy way | out was to get rid of her hus band, Jones testified. On cross examination Jones said he thought Mary Edna was not normal when she made her confession and he doubted if she knew right from wrong. He re called she had difficulty re membering and said it “was all like a dream." “But your later investigation The Weather Weather bureau report of temperature and rainfall for the 24 hours ending 8 p. m., in the principal cotton growing areas and elsewhere: Station High Low Precip. WILMINGTON _ 72 62 0.03 Alpena-47 32 Asheville -- 74 55 Atlanta - 88 58 — Atlantic City- 68 57 0.36 Birmingham - 88 53 Buffalo - — 41 — Burlington - 52 42 Charlotte, N. C.- 78 54 Chattanooga -'84 5Z Chicago - 55 46 Cincinnati - 66 50 Cleveland - 61 51 Dallas - 84 54 — Denver - 80 4u Detroit - 55 37 Duluth - 53 2d — El Paso - 87 o8 — Fort Worth _ 85 59 — Galveston - 86 67 Houston - 87 58 Jacksonville - 84 63 — Kansas City - 69 50 Key West - “ “ Knoxville - 77 d4 CittltT Rock_ 82 54 — Lcs Angeles-97 62 — Lcuisville - 70 52 Memphis - 85 47 Meridian _ 86 50 M ami --- — “ Minn.-St. Paul - 58 32 — Mobile - 86 61 Montgomery - 91 58 — ‘lew Orleans - 94 71 — T-\7 York __ 62 54 0.16 rjcrfolk _ 73 63 1.37 Philadelphia _ 66 51 0.40 j Phoenix --1°7 7Q | Pittsburgh - 66 50 Portland, Me. - 57 47 — ^aleich _ 74 54 1.04 ’fchmond _ 68 63 2.48 St. Louis - 68 50 5an Antonio -- 89 d4 San Francisco - 6b 54 Savannah - 62 Seattle,- _ Z rampa - /icksburg ~.. 83 J8 Arash;ngton - 69 50 0fcl showed that she told you the truth, didn’t it?” Solicitor Car lyle interposed. Jones agreed that it did. Dapper young Garland Cot trell, four years Mrs. Miller’s junior, took the stand. He said he had seen 'Mrs. Miller once or 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. “Let’s go 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. “No sir/’ Cottrell replied. Dr. William Ray Griffen, chief psychiatrist of Appalachian Hall, was the first witness for the de fendant. He said she was first a patient at the sanatorium, from May 19 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 11. 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 (jail) 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 ne tola 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 husband’s neglect makes a wom an abnormal and that prison would greatly upset her. Upset Anyone? “It would upset anybody, wouldn’t il?” Carlyle jabbed. Dr. John Knox testified that he had been appointed with Dr. Mc Grath by the court to examine Mrs. Miller when she arrived in a state of collapse for her trial scheduled on August 13. He said their examination showed that Mrs. Miller was genuinely un conscious and not faking. 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 Ui qW 1115 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 mail carrier. Attorney H. E. Stacy made a dramatic argument to the judge, explaining, “Why the plea.” He said at the insistence of Cur rin who said that the suspense was driving him and Mrs. Cur rin 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 would 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 T. 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. He begged that the defendant —FOR— CORRECT TIME Call 2-3575 —FOR— Correct Jewelry VISIT Wilmington's Largest Credit Jewelers A Weak,Run-Down Feeling Is Often A Warning That The Red-Blood Is Getting Low If you do not feel like your real self, do not have the urge to be up and doing, why not check-up on your blood strength? Look at the palms of your hands, your fingernails, your lips, the lobes of your ears—are they pale and off color? 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Solicitor Carlyle said that upon the evidence there could be no question but that some punish ment was merited. “No long speeches have been made in behalf of Fred Wiggins,” Solicitor Carlyle began. “Don't worry about Fred.” Judge Burgwyn interrupted. “I only ask that Fred's sentence be no longer than her sentence is,” the solicitor concluded brief ly. Judge Burgwyn said he real ized that mercy was something you have to extend in this world if you want to receive it in the next, but at the same time the law is paramount in this case and should be so. After he pronounced sentence | Mrs. Miller began to cry softly. Mrs. Milled started to comfort her mother and she, too, broke into low sobs. Then she got up and walked out into the jury room. RESERVOiTBREAK (Continued From Page One) but welcome relief to drought threafiened Winston-Salem, only 30 miles away. 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