Samuel Freeman Miller

“ We do not think that this statement proves at all, certainly not conclusively, that deceased did not fire the first shot. Either there must have been some reason for defendant's jumping behind witness, and he must have picked up a pistol which fell from the hands of deceased, or he was guilty of consummate acting, for the purpose of deceiving witness, and making evidence to defend himself from the charge of a murder which he intended to commit.
It is difficult to believe that, on a sudden encounter, any one would have such cool deliberation ”

“ Counsel for the government, conceding this principle to be sound, sustains the ruling of the court below, on the ground that there is no evidenee in the case to show any hostile movement or attitude of the deceased towards the prisoner at the time of the fatal shot, and that there is conclusive evidence to the contrary. In support of this latter position, he relies on the testimony of Thomas Dobson, the only witness of the meeting which resulted in the death of deceased by a pistol-shot from defendant. ”