Fountain Fox MILLER, II was born in Monticello, Wayne, Kentucky on March 24, 1884 as the 4th child of Fountain Fox MILLER I and Florence (WARDEN) MILLER. His siblings numbered 2 girls and 5 boys with dates of birth between 1878 & 1895. Their names were, in order of birth: Samuel Graham (1878-1969), John Vance (1880-1965), Nettie (1882-1973), Fountain Fox II, Herman Harle (1886-1949), Milton Elliott (1890-1921), Amp Warden I (1893-1982), & Tula H. (1895-1980) MILLER.
Fountain Fox II married Zula May KINNARD (4/21/1886-5/18/1978) on Nov 9, 1911 In Dallas, Dallas, Texas. Their 3 children, all born in Dallas, in order of their birth were: unnamed female (1913-1913), Fountain Fox III (1914-2003), and Milton Kinnard (1917-1936) MILLER.
Brothers Fountain Fox II and Milton Elliott MILLER were shot on December 10, 1921 at Wortham, Freestone, Texas during a real estate dispute. They were transported to a Dallas, Texas hospital where Fountain Fox II died on 12/11/1921 and Milton Elliott died on 12/12/1921. Fountain Fox MILLER, II was buried at Grove Hill Cemetery in Dallas, but Milton Elliot was transported for burial at Frederick Memorial Cemetery at Frederick, Tillman, Oklahoma.
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II:
I had always understood that Milton Elliott MILLER (my great uncle) and his brother Fountain Fox MILLER II (my grandfather) were both shot (or otherwise grievously injured) on 11 December 1921 in a real estate dispute in Wortham, Freestone County, Texas. My grandfather died that day in Wortham and his brother Elliot died the next day after having been transported to Dallas for treatment. Elliott's body was then transported for burial in Frederick, Tillman County, Oklahoma. During the funeral service or at the actual burial on or about 14 December 1921, their father Fountain Fox MILLER I (my great, grandfather) had a heart attack died there.
On 03/02/2013 during a Google Search through The Dallas Morning News archives for Fox Miller, I found reference to the following two articles: (1) Dallas Morning News - December 15, 1921 "Three Members of Fox MILLER Family Died within Five Days"; and (2) Dallas Morning News - December 15, 1921 "Father of MILLER Brothers is Dead."
Using these references a search of The Historical Dallas Morning News these two articles were not only located, but I was MOST DELIGHTED to find that they included a picture of my father Fountain Fox MILLER III, my grandfather Fountain Fox MILLER II, and my great, grandfather Fountain Fox MILLER I. The text of the articles is as follows:
ARTICLE 1 - DALLAS MORNING NEWS – December 15, 1921: DALLAS MEN, BROTHERS, DIE AFTER BEING SHOT IN OFFICE AT WORTHAM" (i.e., Wortham, Freestone County, Texas) -- Elliot MILLER and F.F. (Fox) MILLER, brothers, 6121 Bryan Parkway, died early Sunday (i.e., December 11, 1921) morning as a result of pistol shot wounds which they received while in the law office of Bryant & Ricker, in the First State Bank Building of Wortham (I.e., Wortham, Freestone County, Texas) at 6 p.m. Saturday (i.e., December 10, 1921). / Elliot MILLER died between Wortham and Corsicana while en route to Dallas on a train and F.F. MILLER died about one hour after arriving at a Dallas hospital. / Elliot was shot once through the head and his brother was shot twice, also in the head. / WIFE RUSHES TO SCENE -- Mrs. F.F. MILLER (i.e., Zula May (KINNARD) MILLER) left Dallas at 12:30 a.m. Sunday (i.e., December 11, 1921), accompanied by Dr. M.E. Lott, surgeon; Mrs. Cecil Garrard and Ampere (i.e., Amp Warden MILLER I) and Herman Miller, two brothers. They went to Corsicana by interurban and from Corsicana to Wortham by auto. They arrived just in time to place the wounded men on a train coming to Dallas. The men were placed on cots in the baggage car. They had been attended in Wortham by Drs. Horn, Sneed, Wade, and Hartley. / BOTH WELL KNOWN / BOTH WELL KNOWN / Both men were well known in Dallas. F.F. MILLER was 36 years old. He leaves his wife (i.e., Zula May (KINNARD) MILLER) and two boys, Fox MILLER Jr. (sic; should be Fox MILLER, III), 7 years old and Kinnard MILLER, 4 years old. / Elliot MILLER was 34 years old and was single. / Surviving are their four brothers, Sam (i.e., Samuel Graham MILLER), Herman (i.e., Herman Harle MILLER), and Ampere (i.e., Amp Warden MILLER I) of Dallas and John MILLER (i.e., John Vance MILLER, Sr.) of Portales, N.M.; two sisters Miss Tula MILLER of Chicago and Mrs. Nellie NICHOLS (i.e., Nettie (MILLER) NICHOLS), and their father Fox MILLER (i.e., Fountain Fox MILLER, I) of Frederick, OK. / They were both members of the East Dallas Christian Church and F.F. MILLER was a deacon. / DOUBLE FUNERAL TODAY / A double funeral will be held today (i.e., December 13, 1921) at 4 p.m. at the family residence, 6121 Bryan Parkway. F.F. MILLER will be buried at Grove Hill Cemetery. The body of Elliot MILLER will be sent to Frederick, Ok., by Ed C. Smith Undertaking Company, to be buried by the side of his mother. / Both men were engaged in the real estate and building business in Dallas and were partners in a farm south of the city. / They had oil interests in Wortham and were in that city Saturday (i.e., December 10, 1921) to attend to business regarding a mineral lease which they had on land owned by Carter SESSIONS, a farmer living in Kirvin, near Wortham, and who had filed suit to cancel the lease. / TAKEN INTO CUSTODY / Following the shooting Mr. SESSIONS was taken into custody by City Marshal J.V. Lee and later delivered to H.M. Mayo, Sheriff of Freestone County, who took him to Fairfield and placed him in the county jail."
ARTICLE 2 - DALLAS MORNING NEWS – December 15, 1921: (NOTE: This article, from the Dallas Morning News of December 15, 1921, describes the death of Fountain Fox MILLER I on December 14, 1921, the day after the second of his 2 boys was buried in the previous 2 days.) "FATHER OF MILLER BROTHERS IS DEAD / SUCCUMBS TO HEART FAILURE ON FARM AFTER BURIAL OF SLAIN SON / Special to the News / Frederick, Ok. Dec. 14 -- F.F. MILLER (i.e., Fountain Fox MILLER I), father of the two MILLER boys of Dallas, F.F. MILLER, Jr. (i.e., Fountain Fox MILLER, II) and Elliott MILLER (i.e., Milton Elliott MILLER), who were fatally shot while at Wortham (i.e., Wortham, Freestone County, Texas) last Saturday (i.e., December 10, 1921), dropped dead while at his early morning duties in the barn at his farm four miles west of this city (i.e., Frederick) this morning about 6 o'clock. He had been suffering from heart trouble for several years, but the immediate cause of his death is ascribed to grief. He was much overcome at the burial service of his son Elliott, whose body was brought here from Dallas Tuesday. Tuesday / Mr. MILLER was 71 years old and had been a Mason for fifty years, a member of the Christian Church, and one of the most prominent and respected farmers in this community. His wife (i.e., Florence (WARDEN) MILLER) died six years ago (i.e., September 12, 1915). He is survived by four sons (i.e., Samuel Graham MILLER, John Vance MILLER, sr., Herman Harle MILLER, and Amp Warden MILLER) and two daughters (i.e., Tula MILLER and Nettie (Mrs. John) (MILLER) NICHOLS). His son Sam lived on the farm with him and was about the place at the time of his father's death. / The funeral will be held Friday (i.e., December 16, 1921) under the auspices of the Masons. (NOTE: The following, seemingly totally unrelated, additional text appears as the next paragraph at the end of the article: "The State rested this afternoon and the defense began the introduction of testimony. Confessions alleged to have been made by Mrs. Keyes to her uncle W.T. Aven, were admitted in evidence. It is expected that Sheriff Bob Buchanan will be called to the stand tomorrow morning."
I located a wedsite: http://freepages.history.rootsweb.ancestry.com/~jwheat/1921.html which had a compilation of "Important Happenings in Dallas During Year 1921." The entry for December 11 of that year included the following brief statement: "File murder charge against Carter Sessions of Freestone county for killing F. F. Miller of Dallas."
I subsequently began some looking for any follow-up regarding a trial for the "alleged" murderer, Carter A. SESSIONS, who shot Fountain Fox MILLER II and his brother Elliott MILLER. Following extensive searching, I found the following small article on page 2 of the March 6, 1922 issue of The Mexia (Texas) Evening News: "SECOND SESSION TRIAL ENDS IN ACQUITTAL" In the trial of Carter SESSIONS and son, Jim SESSIONS (i.e., James Rogers SESSIONS, Sr.), for killing Elliott MILLER (i.e., Milton Elliott MILLER, son of Fountain Fox MILLER, I) of Dallas, both were acquitted Friday morning by an instructed vertict (sic) at the request of the District Attorney. // In the first trial for the the (sic) murder of F. F. MILLER (i.e., Fountain Fox MILLER, II) of Dallas, who was wounded at the same time (and died shortly thereafter) his brother was fatally shot, SESSIONS and his son were acquitted by the jury after a deliberation of forty minutes. -- Wortham Journal"
Of course, it is now 92 years after the fact and obviously I am biased toward a decision in favor of my family, BUT it seems very strange that a man who murdered two brothers during a meeting in a law office and was "acquitted by the jury after a deliberation of forty minutes" in the first trail and was "acquitted … by an instructed vertict (sic) at the request of the District Attorney" in the other trial received as VERY SIGNIFICANT benefit in having both trials take place in his own home town.
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II REGARDING THE PROBABLE ORIGIN OF THE GIVEN NAMES OF HIS FATHER AS WELL AS THOSE OF HIS SON (FOUNTAIN FOX MILLER II) AND GRANDSON (FOUNTAIN FOX MILLER III):
See the latter section of Find-A-Grave Memorial (# 106012517) by clicking on the hyperlink immediately below for Fountain Fox Miller (1850 - 1921).
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II; Using my new genealogy source NEWSPAPERS.COM, I located this morning the following fairly detailed article about the deaths of my grandfather and his brother. It appeared on page one of the December 13, 1921 issue of The Frederick Leader (Frederick, Oklahoma). the full transcription of the article reads as follows. Note: I have added several parenthetical annotations to the article.:
TWO BROTHERS ARE KILLED
FOX AND ELLIOTT MILLER SLAIN AS A RESULT OF TRADE
Twain Are SHot to Death In Office at Wortham, Texas
SLAYERS ARRESTED
Former Frederick Men Die Soon After Fatal Shots re Fired
Resulting from a controversy over a land deal, Fountain Fox Miller, Jr. (1884-1921), and Elliott Miller (i.e., Milton Elliott Miller (1890-1921)) were fatally shot in an office in Wortham, Texas, Saturday evening (i.e., Saturday December 10,1921). Carter Sessions and his son are reported to have done the shooting. Both of the slain men are sons of F. F. Miller (i.e., Fountain Fox Miller Sr. (1850-1921)), now residing with his son Samuel G. Miller (i.e., Samuel Graham Miller (1878-1969)), four miles northwest of Frederick, and had formerly lived with their parents here, but were residents of Dallas, Texas, at the time of their deaths.
Elliott was first to succumb to his injuries, dying while being conveyed to Dallas in a car by his brother, A. W. Miller (i.e., Amp Warden Miller I (1893-1982)) Saturday night. Fox lived until about 11:30 Sunday morning, dying at his home in Dallas.
Information received here Sunday of the tragedy was to the effect that the Miller brothers, something over a year ago, had traded a Dallas residence to Sessions for a 500-acre tract of land about 30 miles from Corsicana, Texas. Papers in the trade were drawn up and places on record. Subsequently, oil was brought in within two miles of the farm, and Sessions is reported to have attempted unsuccessfully to invalidate the trade.
The matter remained in controversy until Friday, when papers in settlement are said to have been signed in Fort Worth.
Saturday the Miller brothers went to Wortham in connection with the trade. Sessions and his son also were there.
At eight o'clock Saturday night the Millers were in an office in Wortham, it is said, when Carter Sessions and his son suddenly entered the room, the elder man shooting Fox Miller in the back of the head. Elliott Miller thereupon grappled with his brother's slayer and was in turn shot in the head by Sessions' son, whose first name was not learned here. Fox Miller was also shot in the leg.
Both of the slayers were arrested.
Being notified by telephone, A. W. Miller, a brother, also of Dallas, went to Wortham in his car and brought his brothers home.
S. G. Miller left Sunday morning for Dallas.
Sunday evening in a telephone message Herman Miller (i.e., Herman Harle Miller (1887-1949)), another brother, also a resident of Dallas, said that joint funeral services for the two slain men would be held at Dallas Monday (December 12, 1921) afternoon and that Fox Miller would be buried there, and that soon thereafter relatives would start for Frederick with the body of Elliott Miller, for burial here.
The body and funeral party will arrive on the Northwestern train here Tuesday morning.
The body of Elliott Miller will be taken immediately to the cemetery, where a short funeral service will be conducted by the Rev. W. B. Higgins.
News of the double tragedy came as a profound shock to numerous friends of the slain men. Both were held in the highest esteem here because of their clean lives and Christian characters.
The two had been in the real-estate business together for several years at Dallas, building and selling a great many houses and buying and selling farms. They operated as partners always. Both were members of the Christian church, and were young men of scrupulous integrity, noted for square and honest dealings. Discussing the trade they had made with Sessions, they had stated that they wanted only what was fairly due them. Relatives state that they never went armed, and evidently, they were anticipating no violence.
Fountain Fox Miller Jr. was 34 years old and married. He is survived by Mrs. Miller (i.e., Zula May (Kinnard) Miller-McDaniel (1886-1978)) and their two sons Fox (i.e., Dr. Fountain Fox Miller III (1914-2003)) and Kennard (sic.; i.e., Milton Kinnard Miller (1917-1936). Elliott, aged 30, was unmarried, but was to have been married to a Chicago young lady within a short time. He had served in the army during the war with Germany.
These two young men whose partnership in life has ended with a partnership in death, were the first of the family of eight children to die. Besides the three brothers already mentioned, another brother, John (i.e., John Vance Miller Sr. (1880-1965)), lives near Estancia, New Mexico, and two sisters. Mrs. Nettie Nichols (i.e., Mrs. Hiram Otho (Nettie Miller) Nichols (1882-1973)) and Miss Tula Miller (i.e., Tula Harris Miller (later Mrs. Arnold Gary Shawd) (1895-1980)), in Chicago, Illinois.
Many expressions of regret were heard in Frederick Sunday and Monday that two such noble young men should have met death so foully and sympathy was expressed for the stricken father and other relatives. [NOTE: The father of these two murdered sons (i.e., Fountain Fox Miller Sr. (19850-1921) experienced a heart attack during the grave-side funeral service for his son Elliott and died shortly thereafter.]"
Fountain Fox II married Zula May KINNARD (4/21/1886-5/18/1978) on Nov 9, 1911 In Dallas, Dallas, Texas. Their 3 children, all born in Dallas, in order of their birth were: unnamed female (1913-1913), Fountain Fox III (1914-2003), and Milton Kinnard (1917-1936) MILLER.
Brothers Fountain Fox II and Milton Elliott MILLER were shot on December 10, 1921 at Wortham, Freestone, Texas during a real estate dispute. They were transported to a Dallas, Texas hospital where Fountain Fox II died on 12/11/1921 and Milton Elliott died on 12/12/1921. Fountain Fox MILLER, II was buried at Grove Hill Cemetery in Dallas, but Milton Elliot was transported for burial at Frederick Memorial Cemetery at Frederick, Tillman, Oklahoma.
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II:
I had always understood that Milton Elliott MILLER (my great uncle) and his brother Fountain Fox MILLER II (my grandfather) were both shot (or otherwise grievously injured) on 11 December 1921 in a real estate dispute in Wortham, Freestone County, Texas. My grandfather died that day in Wortham and his brother Elliot died the next day after having been transported to Dallas for treatment. Elliott's body was then transported for burial in Frederick, Tillman County, Oklahoma. During the funeral service or at the actual burial on or about 14 December 1921, their father Fountain Fox MILLER I (my great, grandfather) had a heart attack died there.
On 03/02/2013 during a Google Search through The Dallas Morning News archives for Fox Miller, I found reference to the following two articles: (1) Dallas Morning News - December 15, 1921 "Three Members of Fox MILLER Family Died within Five Days"; and (2) Dallas Morning News - December 15, 1921 "Father of MILLER Brothers is Dead."
Using these references a search of The Historical Dallas Morning News these two articles were not only located, but I was MOST DELIGHTED to find that they included a picture of my father Fountain Fox MILLER III, my grandfather Fountain Fox MILLER II, and my great, grandfather Fountain Fox MILLER I. The text of the articles is as follows:
ARTICLE 1 - DALLAS MORNING NEWS – December 15, 1921: DALLAS MEN, BROTHERS, DIE AFTER BEING SHOT IN OFFICE AT WORTHAM" (i.e., Wortham, Freestone County, Texas) -- Elliot MILLER and F.F. (Fox) MILLER, brothers, 6121 Bryan Parkway, died early Sunday (i.e., December 11, 1921) morning as a result of pistol shot wounds which they received while in the law office of Bryant & Ricker, in the First State Bank Building of Wortham (I.e., Wortham, Freestone County, Texas) at 6 p.m. Saturday (i.e., December 10, 1921). / Elliot MILLER died between Wortham and Corsicana while en route to Dallas on a train and F.F. MILLER died about one hour after arriving at a Dallas hospital. / Elliot was shot once through the head and his brother was shot twice, also in the head. / WIFE RUSHES TO SCENE -- Mrs. F.F. MILLER (i.e., Zula May (KINNARD) MILLER) left Dallas at 12:30 a.m. Sunday (i.e., December 11, 1921), accompanied by Dr. M.E. Lott, surgeon; Mrs. Cecil Garrard and Ampere (i.e., Amp Warden MILLER I) and Herman Miller, two brothers. They went to Corsicana by interurban and from Corsicana to Wortham by auto. They arrived just in time to place the wounded men on a train coming to Dallas. The men were placed on cots in the baggage car. They had been attended in Wortham by Drs. Horn, Sneed, Wade, and Hartley. / BOTH WELL KNOWN / BOTH WELL KNOWN / Both men were well known in Dallas. F.F. MILLER was 36 years old. He leaves his wife (i.e., Zula May (KINNARD) MILLER) and two boys, Fox MILLER Jr. (sic; should be Fox MILLER, III), 7 years old and Kinnard MILLER, 4 years old. / Elliot MILLER was 34 years old and was single. / Surviving are their four brothers, Sam (i.e., Samuel Graham MILLER), Herman (i.e., Herman Harle MILLER), and Ampere (i.e., Amp Warden MILLER I) of Dallas and John MILLER (i.e., John Vance MILLER, Sr.) of Portales, N.M.; two sisters Miss Tula MILLER of Chicago and Mrs. Nellie NICHOLS (i.e., Nettie (MILLER) NICHOLS), and their father Fox MILLER (i.e., Fountain Fox MILLER, I) of Frederick, OK. / They were both members of the East Dallas Christian Church and F.F. MILLER was a deacon. / DOUBLE FUNERAL TODAY / A double funeral will be held today (i.e., December 13, 1921) at 4 p.m. at the family residence, 6121 Bryan Parkway. F.F. MILLER will be buried at Grove Hill Cemetery. The body of Elliot MILLER will be sent to Frederick, Ok., by Ed C. Smith Undertaking Company, to be buried by the side of his mother. / Both men were engaged in the real estate and building business in Dallas and were partners in a farm south of the city. / They had oil interests in Wortham and were in that city Saturday (i.e., December 10, 1921) to attend to business regarding a mineral lease which they had on land owned by Carter SESSIONS, a farmer living in Kirvin, near Wortham, and who had filed suit to cancel the lease. / TAKEN INTO CUSTODY / Following the shooting Mr. SESSIONS was taken into custody by City Marshal J.V. Lee and later delivered to H.M. Mayo, Sheriff of Freestone County, who took him to Fairfield and placed him in the county jail."
ARTICLE 2 - DALLAS MORNING NEWS – December 15, 1921: (NOTE: This article, from the Dallas Morning News of December 15, 1921, describes the death of Fountain Fox MILLER I on December 14, 1921, the day after the second of his 2 boys was buried in the previous 2 days.) "FATHER OF MILLER BROTHERS IS DEAD / SUCCUMBS TO HEART FAILURE ON FARM AFTER BURIAL OF SLAIN SON / Special to the News / Frederick, Ok. Dec. 14 -- F.F. MILLER (i.e., Fountain Fox MILLER I), father of the two MILLER boys of Dallas, F.F. MILLER, Jr. (i.e., Fountain Fox MILLER, II) and Elliott MILLER (i.e., Milton Elliott MILLER), who were fatally shot while at Wortham (i.e., Wortham, Freestone County, Texas) last Saturday (i.e., December 10, 1921), dropped dead while at his early morning duties in the barn at his farm four miles west of this city (i.e., Frederick) this morning about 6 o'clock. He had been suffering from heart trouble for several years, but the immediate cause of his death is ascribed to grief. He was much overcome at the burial service of his son Elliott, whose body was brought here from Dallas Tuesday. Tuesday / Mr. MILLER was 71 years old and had been a Mason for fifty years, a member of the Christian Church, and one of the most prominent and respected farmers in this community. His wife (i.e., Florence (WARDEN) MILLER) died six years ago (i.e., September 12, 1915). He is survived by four sons (i.e., Samuel Graham MILLER, John Vance MILLER, sr., Herman Harle MILLER, and Amp Warden MILLER) and two daughters (i.e., Tula MILLER and Nettie (Mrs. John) (MILLER) NICHOLS). His son Sam lived on the farm with him and was about the place at the time of his father's death. / The funeral will be held Friday (i.e., December 16, 1921) under the auspices of the Masons. (NOTE: The following, seemingly totally unrelated, additional text appears as the next paragraph at the end of the article: "The State rested this afternoon and the defense began the introduction of testimony. Confessions alleged to have been made by Mrs. Keyes to her uncle W.T. Aven, were admitted in evidence. It is expected that Sheriff Bob Buchanan will be called to the stand tomorrow morning."
I located a wedsite: http://freepages.history.rootsweb.ancestry.com/~jwheat/1921.html which had a compilation of "Important Happenings in Dallas During Year 1921." The entry for December 11 of that year included the following brief statement: "File murder charge against Carter Sessions of Freestone county for killing F. F. Miller of Dallas."
I subsequently began some looking for any follow-up regarding a trial for the "alleged" murderer, Carter A. SESSIONS, who shot Fountain Fox MILLER II and his brother Elliott MILLER. Following extensive searching, I found the following small article on page 2 of the March 6, 1922 issue of The Mexia (Texas) Evening News: "SECOND SESSION TRIAL ENDS IN ACQUITTAL" In the trial of Carter SESSIONS and son, Jim SESSIONS (i.e., James Rogers SESSIONS, Sr.), for killing Elliott MILLER (i.e., Milton Elliott MILLER, son of Fountain Fox MILLER, I) of Dallas, both were acquitted Friday morning by an instructed vertict (sic) at the request of the District Attorney. // In the first trial for the the (sic) murder of F. F. MILLER (i.e., Fountain Fox MILLER, II) of Dallas, who was wounded at the same time (and died shortly thereafter) his brother was fatally shot, SESSIONS and his son were acquitted by the jury after a deliberation of forty minutes. -- Wortham Journal"
Of course, it is now 92 years after the fact and obviously I am biased toward a decision in favor of my family, BUT it seems very strange that a man who murdered two brothers during a meeting in a law office and was "acquitted by the jury after a deliberation of forty minutes" in the first trail and was "acquitted … by an instructed vertict (sic) at the request of the District Attorney" in the other trial received as VERY SIGNIFICANT benefit in having both trials take place in his own home town.
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II REGARDING THE PROBABLE ORIGIN OF THE GIVEN NAMES OF HIS FATHER AS WELL AS THOSE OF HIS SON (FOUNTAIN FOX MILLER II) AND GRANDSON (FOUNTAIN FOX MILLER III):
See the latter section of Find-A-Grave Memorial (# 106012517) by clicking on the hyperlink immediately below for Fountain Fox Miller (1850 - 1921).
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COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II; Using my new genealogy source NEWSPAPERS.COM, I located this morning the following fairly detailed article about the deaths of my grandfather and his brother. It appeared on page one of the December 13, 1921 issue of The Frederick Leader (Frederick, Oklahoma). the full transcription of the article reads as follows. Note: I have added several parenthetical annotations to the article.:
TWO BROTHERS ARE KILLED
FOX AND ELLIOTT MILLER SLAIN AS A RESULT OF TRADE
Twain Are SHot to Death In Office at Wortham, Texas
SLAYERS ARRESTED
Former Frederick Men Die Soon After Fatal Shots re Fired
Resulting from a controversy over a land deal, Fountain Fox Miller, Jr. (1884-1921), and Elliott Miller (i.e., Milton Elliott Miller (1890-1921)) were fatally shot in an office in Wortham, Texas, Saturday evening (i.e., Saturday December 10,1921). Carter Sessions and his son are reported to have done the shooting. Both of the slain men are sons of F. F. Miller (i.e., Fountain Fox Miller Sr. (1850-1921)), now residing with his son Samuel G. Miller (i.e., Samuel Graham Miller (1878-1969)), four miles northwest of Frederick, and had formerly lived with their parents here, but were residents of Dallas, Texas, at the time of their deaths.
Elliott was first to succumb to his injuries, dying while being conveyed to Dallas in a car by his brother, A. W. Miller (i.e., Amp Warden Miller I (1893-1982)) Saturday night. Fox lived until about 11:30 Sunday morning, dying at his home in Dallas.
Information received here Sunday of the tragedy was to the effect that the Miller brothers, something over a year ago, had traded a Dallas residence to Sessions for a 500-acre tract of land about 30 miles from Corsicana, Texas. Papers in the trade were drawn up and places on record. Subsequently, oil was brought in within two miles of the farm, and Sessions is reported to have attempted unsuccessfully to invalidate the trade.
The matter remained in controversy until Friday, when papers in settlement are said to have been signed in Fort Worth.
Saturday the Miller brothers went to Wortham in connection with the trade. Sessions and his son also were there.
At eight o'clock Saturday night the Millers were in an office in Wortham, it is said, when Carter Sessions and his son suddenly entered the room, the elder man shooting Fox Miller in the back of the head. Elliott Miller thereupon grappled with his brother's slayer and was in turn shot in the head by Sessions' son, whose first name was not learned here. Fox Miller was also shot in the leg.
Both of the slayers were arrested.
Being notified by telephone, A. W. Miller, a brother, also of Dallas, went to Wortham in his car and brought his brothers home.
S. G. Miller left Sunday morning for Dallas.
Sunday evening in a telephone message Herman Miller (i.e., Herman Harle Miller (1887-1949)), another brother, also a resident of Dallas, said that joint funeral services for the two slain men would be held at Dallas Monday (December 12, 1921) afternoon and that Fox Miller would be buried there, and that soon thereafter relatives would start for Frederick with the body of Elliott Miller, for burial here.
The body and funeral party will arrive on the Northwestern train here Tuesday morning.
The body of Elliott Miller will be taken immediately to the cemetery, where a short funeral service will be conducted by the Rev. W. B. Higgins.
News of the double tragedy came as a profound shock to numerous friends of the slain men. Both were held in the highest esteem here because of their clean lives and Christian characters.
The two had been in the real-estate business together for several years at Dallas, building and selling a great many houses and buying and selling farms. They operated as partners always. Both were members of the Christian church, and were young men of scrupulous integrity, noted for square and honest dealings. Discussing the trade they had made with Sessions, they had stated that they wanted only what was fairly due them. Relatives state that they never went armed, and evidently, they were anticipating no violence.
Fountain Fox Miller Jr. was 34 years old and married. He is survived by Mrs. Miller (i.e., Zula May (Kinnard) Miller-McDaniel (1886-1978)) and their two sons Fox (i.e., Dr. Fountain Fox Miller III (1914-2003)) and Kennard (sic.; i.e., Milton Kinnard Miller (1917-1936). Elliott, aged 30, was unmarried, but was to have been married to a Chicago young lady within a short time. He had served in the army during the war with Germany.
These two young men whose partnership in life has ended with a partnership in death, were the first of the family of eight children to die. Besides the three brothers already mentioned, another brother, John (i.e., John Vance Miller Sr. (1880-1965)), lives near Estancia, New Mexico, and two sisters. Mrs. Nettie Nichols (i.e., Mrs. Hiram Otho (Nettie Miller) Nichols (1882-1973)) and Miss Tula Miller (i.e., Tula Harris Miller (later Mrs. Arnold Gary Shawd) (1895-1980)), in Chicago, Illinois.
Many expressions of regret were heard in Frederick Sunday and Monday that two such noble young men should have met death so foully and sympathy was expressed for the stricken father and other relatives. [NOTE: The father of these two murdered sons (i.e., Fountain Fox Miller Sr. (19850-1921) experienced a heart attack during the grave-side funeral service for his son Elliott and died shortly thereafter.]"
Fountain Fox MILLER, II was born in Monticello, Wayne, Kentucky on March 24, 1884 as the 4th child of Fountain Fox MILLER I and Florence (WARDEN) MILLER. His siblings numbered 2 girls and 5 boys with dates of birth between 1878 & 1895. Their names were, in order of birth: Samuel Graham (1878-1969), John Vance (1880-1965), Nettie (1882-1973), Fountain Fox II, Herman Harle (1886-1949), Milton Elliott (1890-1921), Amp Warden I (1893-1982), & Tula H. (1895-1980) MILLER.
Fountain Fox II married Zula May KINNARD (4/21/1886-5/18/1978) on Nov 9, 1911 In Dallas, Dallas, Texas. Their 3 children, all born in Dallas, in order of their birth were: unnamed female (1913-1913), Fountain Fox III (1914-2003), and Milton Kinnard (1917-1936) MILLER.
Brothers Fountain Fox II and Milton Elliott MILLER were shot on December 10, 1921 at Wortham, Freestone, Texas during a real estate dispute. They were transported to a Dallas, Texas hospital where Fountain Fox II died on 12/11/1921 and Milton Elliott died on 12/12/1921. Fountain Fox MILLER, II was buried at Grove Hill Cemetery in Dallas, but Milton Elliot was transported for burial at Frederick Memorial Cemetery at Frederick, Tillman, Oklahoma.
===============
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II:
I had always understood that Milton Elliott MILLER (my great uncle) and his brother Fountain Fox MILLER II (my grandfather) were both shot (or otherwise grievously injured) on 11 December 1921 in a real estate dispute in Wortham, Freestone County, Texas. My grandfather died that day in Wortham and his brother Elliot died the next day after having been transported to Dallas for treatment. Elliott's body was then transported for burial in Frederick, Tillman County, Oklahoma. During the funeral service or at the actual burial on or about 14 December 1921, their father Fountain Fox MILLER I (my great, grandfather) had a heart attack died there.
On 03/02/2013 during a Google Search through The Dallas Morning News archives for Fox Miller, I found reference to the following two articles: (1) Dallas Morning News - December 15, 1921 "Three Members of Fox MILLER Family Died within Five Days"; and (2) Dallas Morning News - December 15, 1921 "Father of MILLER Brothers is Dead."
Using these references a search of The Historical Dallas Morning News these two articles were not only located, but I was MOST DELIGHTED to find that they included a picture of my father Fountain Fox MILLER III, my grandfather Fountain Fox MILLER II, and my great, grandfather Fountain Fox MILLER I. The text of the articles is as follows:
ARTICLE 1 - DALLAS MORNING NEWS – December 15, 1921: DALLAS MEN, BROTHERS, DIE AFTER BEING SHOT IN OFFICE AT WORTHAM" (i.e., Wortham, Freestone County, Texas) -- Elliot MILLER and F.F. (Fox) MILLER, brothers, 6121 Bryan Parkway, died early Sunday (i.e., December 11, 1921) morning as a result of pistol shot wounds which they received while in the law office of Bryant & Ricker, in the First State Bank Building of Wortham (I.e., Wortham, Freestone County, Texas) at 6 p.m. Saturday (i.e., December 10, 1921). / Elliot MILLER died between Wortham and Corsicana while en route to Dallas on a train and F.F. MILLER died about one hour after arriving at a Dallas hospital. / Elliot was shot once through the head and his brother was shot twice, also in the head. / WIFE RUSHES TO SCENE -- Mrs. F.F. MILLER (i.e., Zula May (KINNARD) MILLER) left Dallas at 12:30 a.m. Sunday (i.e., December 11, 1921), accompanied by Dr. M.E. Lott, surgeon; Mrs. Cecil Garrard and Ampere (i.e., Amp Warden MILLER I) and Herman Miller, two brothers. They went to Corsicana by interurban and from Corsicana to Wortham by auto. They arrived just in time to place the wounded men on a train coming to Dallas. The men were placed on cots in the baggage car. They had been attended in Wortham by Drs. Horn, Sneed, Wade, and Hartley. / BOTH WELL KNOWN / BOTH WELL KNOWN / Both men were well known in Dallas. F.F. MILLER was 36 years old. He leaves his wife (i.e., Zula May (KINNARD) MILLER) and two boys, Fox MILLER Jr. (sic; should be Fox MILLER, III), 7 years old and Kinnard MILLER, 4 years old. / Elliot MILLER was 34 years old and was single. / Surviving are their four brothers, Sam (i.e., Samuel Graham MILLER), Herman (i.e., Herman Harle MILLER), and Ampere (i.e., Amp Warden MILLER I) of Dallas and John MILLER (i.e., John Vance MILLER, Sr.) of Portales, N.M.; two sisters Miss Tula MILLER of Chicago and Mrs. Nellie NICHOLS (i.e., Nettie (MILLER) NICHOLS), and their father Fox MILLER (i.e., Fountain Fox MILLER, I) of Frederick, OK. / They were both members of the East Dallas Christian Church and F.F. MILLER was a deacon. / DOUBLE FUNERAL TODAY / A double funeral will be held today (i.e., December 13, 1921) at 4 p.m. at the family residence, 6121 Bryan Parkway. F.F. MILLER will be buried at Grove Hill Cemetery. The body of Elliot MILLER will be sent to Frederick, Ok., by Ed C. Smith Undertaking Company, to be buried by the side of his mother. / Both men were engaged in the real estate and building business in Dallas and were partners in a farm south of the city. / They had oil interests in Wortham and were in that city Saturday (i.e., December 10, 1921) to attend to business regarding a mineral lease which they had on land owned by Carter SESSIONS, a farmer living in Kirvin, near Wortham, and who had filed suit to cancel the lease. / TAKEN INTO CUSTODY / Following the shooting Mr. SESSIONS was taken into custody by City Marshal J.V. Lee and later delivered to H.M. Mayo, Sheriff of Freestone County, who took him to Fairfield and placed him in the county jail."
ARTICLE 2 - DALLAS MORNING NEWS – December 15, 1921: (NOTE: This article, from the Dallas Morning News of December 15, 1921, describes the death of Fountain Fox MILLER I on December 14, 1921, the day after the second of his 2 boys was buried in the previous 2 days.) "FATHER OF MILLER BROTHERS IS DEAD / SUCCUMBS TO HEART FAILURE ON FARM AFTER BURIAL OF SLAIN SON / Special to the News / Frederick, Ok. Dec. 14 -- F.F. MILLER (i.e., Fountain Fox MILLER I), father of the two MILLER boys of Dallas, F.F. MILLER, Jr. (i.e., Fountain Fox MILLER, II) and Elliott MILLER (i.e., Milton Elliott MILLER), who were fatally shot while at Wortham (i.e., Wortham, Freestone County, Texas) last Saturday (i.e., December 10, 1921), dropped dead while at his early morning duties in the barn at his farm four miles west of this city (i.e., Frederick) this morning about 6 o'clock. He had been suffering from heart trouble for several years, but the immediate cause of his death is ascribed to grief. He was much overcome at the burial service of his son Elliott, whose body was brought here from Dallas Tuesday. Tuesday / Mr. MILLER was 71 years old and had been a Mason for fifty years, a member of the Christian Church, and one of the most prominent and respected farmers in this community. His wife (i.e., Florence (WARDEN) MILLER) died six years ago (i.e., September 12, 1915). He is survived by four sons (i.e., Samuel Graham MILLER, John Vance MILLER, sr., Herman Harle MILLER, and Amp Warden MILLER) and two daughters (i.e., Tula MILLER and Nettie (Mrs. John) (MILLER) NICHOLS). His son Sam lived on the farm with him and was about the place at the time of his father's death. / The funeral will be held Friday (i.e., December 16, 1921) under the auspices of the Masons. (NOTE: The following, seemingly totally unrelated, additional text appears as the next paragraph at the end of the article: "The State rested this afternoon and the defense began the introduction of testimony. Confessions alleged to have been made by Mrs. Keyes to her uncle W.T. Aven, were admitted in evidence. It is expected that Sheriff Bob Buchanan will be called to the stand tomorrow morning."
I located a wedsite: http://freepages.history.rootsweb.ancestry.com/~jwheat/1921.html which had a compilation of "Important Happenings in Dallas During Year 1921." The entry for December 11 of that year included the following brief statement: "File murder charge against Carter Sessions of Freestone county for killing F. F. Miller of Dallas."
I subsequently began some looking for any follow-up regarding a trial for the "alleged" murderer, Carter A. SESSIONS, who shot Fountain Fox MILLER II and his brother Elliott MILLER. Following extensive searching, I found the following small article on page 2 of the March 6, 1922 issue of The Mexia (Texas) Evening News: "SECOND SESSION TRIAL ENDS IN ACQUITTAL" In the trial of Carter SESSIONS and son, Jim SESSIONS (i.e., James Rogers SESSIONS, Sr.), for killing Elliott MILLER (i.e., Milton Elliott MILLER, son of Fountain Fox MILLER, I) of Dallas, both were acquitted Friday morning by an instructed vertict (sic) at the request of the District Attorney. // In the first trial for the the (sic) murder of F. F. MILLER (i.e., Fountain Fox MILLER, II) of Dallas, who was wounded at the same time (and died shortly thereafter) his brother was fatally shot, SESSIONS and his son were acquitted by the jury after a deliberation of forty minutes. -- Wortham Journal"
Of course, it is now 92 years after the fact and obviously I am biased toward a decision in favor of my family, BUT it seems very strange that a man who murdered two brothers during a meeting in a law office and was "acquitted by the jury after a deliberation of forty minutes" in the first trail and was "acquitted … by an instructed vertict (sic) at the request of the District Attorney" in the other trial received as VERY SIGNIFICANT benefit in having both trials take place in his own home town.
=========================
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II REGARDING THE PROBABLE ORIGIN OF THE GIVEN NAMES OF HIS FATHER AS WELL AS THOSE OF HIS SON (FOUNTAIN FOX MILLER II) AND GRANDSON (FOUNTAIN FOX MILLER III):
See the latter section of Find-A-Grave Memorial (# 106012517) by clicking on the hyperlink immediately below for Fountain Fox Miller (1850 - 1921).
=============================
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II; Using my new genealogy source NEWSPAPERS.COM, I located this morning the following fairly detailed article about the deaths of my grandfather and his brother. It appeared on page one of the December 13, 1921 issue of The Frederick Leader (Frederick, Oklahoma). the full transcription of the article reads as follows. Note: I have added several parenthetical annotations to the article.:
TWO BROTHERS ARE KILLED
FOX AND ELLIOTT MILLER SLAIN AS A RESULT OF TRADE
Twain Are SHot to Death In Office at Wortham, Texas
SLAYERS ARRESTED
Former Frederick Men Die Soon After Fatal Shots re Fired
Resulting from a controversy over a land deal, Fountain Fox Miller, Jr. (1884-1921), and Elliott Miller (i.e., Milton Elliott Miller (1890-1921)) were fatally shot in an office in Wortham, Texas, Saturday evening (i.e., Saturday December 10,1921). Carter Sessions and his son are reported to have done the shooting. Both of the slain men are sons of F. F. Miller (i.e., Fountain Fox Miller Sr. (1850-1921)), now residing with his son Samuel G. Miller (i.e., Samuel Graham Miller (1878-1969)), four miles northwest of Frederick, and had formerly lived with their parents here, but were residents of Dallas, Texas, at the time of their deaths.
Elliott was first to succumb to his injuries, dying while being conveyed to Dallas in a car by his brother, A. W. Miller (i.e., Amp Warden Miller I (1893-1982)) Saturday night. Fox lived until about 11:30 Sunday morning, dying at his home in Dallas.
Information received here Sunday of the tragedy was to the effect that the Miller brothers, something over a year ago, had traded a Dallas residence to Sessions for a 500-acre tract of land about 30 miles from Corsicana, Texas. Papers in the trade were drawn up and places on record. Subsequently, oil was brought in within two miles of the farm, and Sessions is reported to have attempted unsuccessfully to invalidate the trade.
The matter remained in controversy until Friday, when papers in settlement are said to have been signed in Fort Worth.
Saturday the Miller brothers went to Wortham in connection with the trade. Sessions and his son also were there.
At eight o'clock Saturday night the Millers were in an office in Wortham, it is said, when Carter Sessions and his son suddenly entered the room, the elder man shooting Fox Miller in the back of the head. Elliott Miller thereupon grappled with his brother's slayer and was in turn shot in the head by Sessions' son, whose first name was not learned here. Fox Miller was also shot in the leg.
Both of the slayers were arrested.
Being notified by telephone, A. W. Miller, a brother, also of Dallas, went to Wortham in his car and brought his brothers home.
S. G. Miller left Sunday morning for Dallas.
Sunday evening in a telephone message Herman Miller (i.e., Herman Harle Miller (1887-1949)), another brother, also a resident of Dallas, said that joint funeral services for the two slain men would be held at Dallas Monday (December 12, 1921) afternoon and that Fox Miller would be buried there, and that soon thereafter relatives would start for Frederick with the body of Elliott Miller, for burial here.
The body and funeral party will arrive on the Northwestern train here Tuesday morning.
The body of Elliott Miller will be taken immediately to the cemetery, where a short funeral service will be conducted by the Rev. W. B. Higgins.
News of the double tragedy came as a profound shock to numerous friends of the slain men. Both were held in the highest esteem here because of their clean lives and Christian characters.
The two had been in the real-estate business together for several years at Dallas, building and selling a great many houses and buying and selling farms. They operated as partners always. Both were members of the Christian church, and were young men of scrupulous integrity, noted for square and honest dealings. Discussing the trade they had made with Sessions, they had stated that they wanted only what was fairly due them. Relatives state that they never went armed, and evidently, they were anticipating no violence.
Fountain Fox Miller Jr. was 34 years old and married. He is survived by Mrs. Miller (i.e., Zula May (Kinnard) Miller-McDaniel (1886-1978)) and their two sons Fox (i.e., Dr. Fountain Fox Miller III (1914-2003)) and Kennard (sic.; i.e., Milton Kinnard Miller (1917-1936). Elliott, aged 30, was unmarried, but was to have been married to a Chicago young lady within a short time. He had served in the army during the war with Germany.
These two young men whose partnership in life has ended with a partnership in death, were the first of the family of eight children to die. Besides the three brothers already mentioned, another brother, John (i.e., John Vance Miller Sr. (1880-1965)), lives near Estancia, New Mexico, and two sisters. Mrs. Nettie Nichols (i.e., Mrs. Hiram Otho (Nettie Miller) Nichols (1882-1973)) and Miss Tula Miller (i.e., Tula Harris Miller (later Mrs. Arnold Gary Shawd) (1895-1980)), in Chicago, Illinois.
Many expressions of regret were heard in Frederick Sunday and Monday that two such noble young men should have met death so foully and sympathy was expressed for the stricken father and other relatives. [NOTE: The father of these two murdered sons (i.e., Fountain Fox Miller Sr. (19850-1921) experienced a heart attack during the grave-side funeral service for his son Elliott and died shortly thereafter.]"
Fountain Fox II married Zula May KINNARD (4/21/1886-5/18/1978) on Nov 9, 1911 In Dallas, Dallas, Texas. Their 3 children, all born in Dallas, in order of their birth were: unnamed female (1913-1913), Fountain Fox III (1914-2003), and Milton Kinnard (1917-1936) MILLER.
Brothers Fountain Fox II and Milton Elliott MILLER were shot on December 10, 1921 at Wortham, Freestone, Texas during a real estate dispute. They were transported to a Dallas, Texas hospital where Fountain Fox II died on 12/11/1921 and Milton Elliott died on 12/12/1921. Fountain Fox MILLER, II was buried at Grove Hill Cemetery in Dallas, but Milton Elliot was transported for burial at Frederick Memorial Cemetery at Frederick, Tillman, Oklahoma.
===============
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II:
I had always understood that Milton Elliott MILLER (my great uncle) and his brother Fountain Fox MILLER II (my grandfather) were both shot (or otherwise grievously injured) on 11 December 1921 in a real estate dispute in Wortham, Freestone County, Texas. My grandfather died that day in Wortham and his brother Elliot died the next day after having been transported to Dallas for treatment. Elliott's body was then transported for burial in Frederick, Tillman County, Oklahoma. During the funeral service or at the actual burial on or about 14 December 1921, their father Fountain Fox MILLER I (my great, grandfather) had a heart attack died there.
On 03/02/2013 during a Google Search through The Dallas Morning News archives for Fox Miller, I found reference to the following two articles: (1) Dallas Morning News - December 15, 1921 "Three Members of Fox MILLER Family Died within Five Days"; and (2) Dallas Morning News - December 15, 1921 "Father of MILLER Brothers is Dead."
Using these references a search of The Historical Dallas Morning News these two articles were not only located, but I was MOST DELIGHTED to find that they included a picture of my father Fountain Fox MILLER III, my grandfather Fountain Fox MILLER II, and my great, grandfather Fountain Fox MILLER I. The text of the articles is as follows:
ARTICLE 1 - DALLAS MORNING NEWS – December 15, 1921: DALLAS MEN, BROTHERS, DIE AFTER BEING SHOT IN OFFICE AT WORTHAM" (i.e., Wortham, Freestone County, Texas) -- Elliot MILLER and F.F. (Fox) MILLER, brothers, 6121 Bryan Parkway, died early Sunday (i.e., December 11, 1921) morning as a result of pistol shot wounds which they received while in the law office of Bryant & Ricker, in the First State Bank Building of Wortham (I.e., Wortham, Freestone County, Texas) at 6 p.m. Saturday (i.e., December 10, 1921). / Elliot MILLER died between Wortham and Corsicana while en route to Dallas on a train and F.F. MILLER died about one hour after arriving at a Dallas hospital. / Elliot was shot once through the head and his brother was shot twice, also in the head. / WIFE RUSHES TO SCENE -- Mrs. F.F. MILLER (i.e., Zula May (KINNARD) MILLER) left Dallas at 12:30 a.m. Sunday (i.e., December 11, 1921), accompanied by Dr. M.E. Lott, surgeon; Mrs. Cecil Garrard and Ampere (i.e., Amp Warden MILLER I) and Herman Miller, two brothers. They went to Corsicana by interurban and from Corsicana to Wortham by auto. They arrived just in time to place the wounded men on a train coming to Dallas. The men were placed on cots in the baggage car. They had been attended in Wortham by Drs. Horn, Sneed, Wade, and Hartley. / BOTH WELL KNOWN / BOTH WELL KNOWN / Both men were well known in Dallas. F.F. MILLER was 36 years old. He leaves his wife (i.e., Zula May (KINNARD) MILLER) and two boys, Fox MILLER Jr. (sic; should be Fox MILLER, III), 7 years old and Kinnard MILLER, 4 years old. / Elliot MILLER was 34 years old and was single. / Surviving are their four brothers, Sam (i.e., Samuel Graham MILLER), Herman (i.e., Herman Harle MILLER), and Ampere (i.e., Amp Warden MILLER I) of Dallas and John MILLER (i.e., John Vance MILLER, Sr.) of Portales, N.M.; two sisters Miss Tula MILLER of Chicago and Mrs. Nellie NICHOLS (i.e., Nettie (MILLER) NICHOLS), and their father Fox MILLER (i.e., Fountain Fox MILLER, I) of Frederick, OK. / They were both members of the East Dallas Christian Church and F.F. MILLER was a deacon. / DOUBLE FUNERAL TODAY / A double funeral will be held today (i.e., December 13, 1921) at 4 p.m. at the family residence, 6121 Bryan Parkway. F.F. MILLER will be buried at Grove Hill Cemetery. The body of Elliot MILLER will be sent to Frederick, Ok., by Ed C. Smith Undertaking Company, to be buried by the side of his mother. / Both men were engaged in the real estate and building business in Dallas and were partners in a farm south of the city. / They had oil interests in Wortham and were in that city Saturday (i.e., December 10, 1921) to attend to business regarding a mineral lease which they had on land owned by Carter SESSIONS, a farmer living in Kirvin, near Wortham, and who had filed suit to cancel the lease. / TAKEN INTO CUSTODY / Following the shooting Mr. SESSIONS was taken into custody by City Marshal J.V. Lee and later delivered to H.M. Mayo, Sheriff of Freestone County, who took him to Fairfield and placed him in the county jail."
ARTICLE 2 - DALLAS MORNING NEWS – December 15, 1921: (NOTE: This article, from the Dallas Morning News of December 15, 1921, describes the death of Fountain Fox MILLER I on December 14, 1921, the day after the second of his 2 boys was buried in the previous 2 days.) "FATHER OF MILLER BROTHERS IS DEAD / SUCCUMBS TO HEART FAILURE ON FARM AFTER BURIAL OF SLAIN SON / Special to the News / Frederick, Ok. Dec. 14 -- F.F. MILLER (i.e., Fountain Fox MILLER I), father of the two MILLER boys of Dallas, F.F. MILLER, Jr. (i.e., Fountain Fox MILLER, II) and Elliott MILLER (i.e., Milton Elliott MILLER), who were fatally shot while at Wortham (i.e., Wortham, Freestone County, Texas) last Saturday (i.e., December 10, 1921), dropped dead while at his early morning duties in the barn at his farm four miles west of this city (i.e., Frederick) this morning about 6 o'clock. He had been suffering from heart trouble for several years, but the immediate cause of his death is ascribed to grief. He was much overcome at the burial service of his son Elliott, whose body was brought here from Dallas Tuesday. Tuesday / Mr. MILLER was 71 years old and had been a Mason for fifty years, a member of the Christian Church, and one of the most prominent and respected farmers in this community. His wife (i.e., Florence (WARDEN) MILLER) died six years ago (i.e., September 12, 1915). He is survived by four sons (i.e., Samuel Graham MILLER, John Vance MILLER, sr., Herman Harle MILLER, and Amp Warden MILLER) and two daughters (i.e., Tula MILLER and Nettie (Mrs. John) (MILLER) NICHOLS). His son Sam lived on the farm with him and was about the place at the time of his father's death. / The funeral will be held Friday (i.e., December 16, 1921) under the auspices of the Masons. (NOTE: The following, seemingly totally unrelated, additional text appears as the next paragraph at the end of the article: "The State rested this afternoon and the defense began the introduction of testimony. Confessions alleged to have been made by Mrs. Keyes to her uncle W.T. Aven, were admitted in evidence. It is expected that Sheriff Bob Buchanan will be called to the stand tomorrow morning."
I located a wedsite: http://freepages.history.rootsweb.ancestry.com/~jwheat/1921.html which had a compilation of "Important Happenings in Dallas During Year 1921." The entry for December 11 of that year included the following brief statement: "File murder charge against Carter Sessions of Freestone county for killing F. F. Miller of Dallas."
I subsequently began some looking for any follow-up regarding a trial for the "alleged" murderer, Carter A. SESSIONS, who shot Fountain Fox MILLER II and his brother Elliott MILLER. Following extensive searching, I found the following small article on page 2 of the March 6, 1922 issue of The Mexia (Texas) Evening News: "SECOND SESSION TRIAL ENDS IN ACQUITTAL" In the trial of Carter SESSIONS and son, Jim SESSIONS (i.e., James Rogers SESSIONS, Sr.), for killing Elliott MILLER (i.e., Milton Elliott MILLER, son of Fountain Fox MILLER, I) of Dallas, both were acquitted Friday morning by an instructed vertict (sic) at the request of the District Attorney. // In the first trial for the the (sic) murder of F. F. MILLER (i.e., Fountain Fox MILLER, II) of Dallas, who was wounded at the same time (and died shortly thereafter) his brother was fatally shot, SESSIONS and his son were acquitted by the jury after a deliberation of forty minutes. -- Wortham Journal"
Of course, it is now 92 years after the fact and obviously I am biased toward a decision in favor of my family, BUT it seems very strange that a man who murdered two brothers during a meeting in a law office and was "acquitted by the jury after a deliberation of forty minutes" in the first trail and was "acquitted … by an instructed vertict (sic) at the request of the District Attorney" in the other trial received as VERY SIGNIFICANT benefit in having both trials take place in his own home town.
=========================
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II REGARDING THE PROBABLE ORIGIN OF THE GIVEN NAMES OF HIS FATHER AS WELL AS THOSE OF HIS SON (FOUNTAIN FOX MILLER II) AND GRANDSON (FOUNTAIN FOX MILLER III):
See the latter section of Find-A-Grave Memorial (# 106012517) by clicking on the hyperlink immediately below for Fountain Fox Miller (1850 - 1921).
=============================
COMMENTS FROM THE GRANDSON JAMES GERALD MILLER OF FOUNTAIN FOX MILLER II; Using my new genealogy source NEWSPAPERS.COM, I located this morning the following fairly detailed article about the deaths of my grandfather and his brother. It appeared on page one of the December 13, 1921 issue of The Frederick Leader (Frederick, Oklahoma). the full transcription of the article reads as follows. Note: I have added several parenthetical annotations to the article.:
TWO BROTHERS ARE KILLED
FOX AND ELLIOTT MILLER SLAIN AS A RESULT OF TRADE
Twain Are SHot to Death In Office at Wortham, Texas
SLAYERS ARRESTED
Former Frederick Men Die Soon After Fatal Shots re Fired
Resulting from a controversy over a land deal, Fountain Fox Miller, Jr. (1884-1921), and Elliott Miller (i.e., Milton Elliott Miller (1890-1921)) were fatally shot in an office in Wortham, Texas, Saturday evening (i.e., Saturday December 10,1921). Carter Sessions and his son are reported to have done the shooting. Both of the slain men are sons of F. F. Miller (i.e., Fountain Fox Miller Sr. (1850-1921)), now residing with his son Samuel G. Miller (i.e., Samuel Graham Miller (1878-1969)), four miles northwest of Frederick, and had formerly lived with their parents here, but were residents of Dallas, Texas, at the time of their deaths.
Elliott was first to succumb to his injuries, dying while being conveyed to Dallas in a car by his brother, A. W. Miller (i.e., Amp Warden Miller I (1893-1982)) Saturday night. Fox lived until about 11:30 Sunday morning, dying at his home in Dallas.
Information received here Sunday of the tragedy was to the effect that the Miller brothers, something over a year ago, had traded a Dallas residence to Sessions for a 500-acre tract of land about 30 miles from Corsicana, Texas. Papers in the trade were drawn up and places on record. Subsequently, oil was brought in within two miles of the farm, and Sessions is reported to have attempted unsuccessfully to invalidate the trade.
The matter remained in controversy until Friday, when papers in settlement are said to have been signed in Fort Worth.
Saturday the Miller brothers went to Wortham in connection with the trade. Sessions and his son also were there.
At eight o'clock Saturday night the Millers were in an office in Wortham, it is said, when Carter Sessions and his son suddenly entered the room, the elder man shooting Fox Miller in the back of the head. Elliott Miller thereupon grappled with his brother's slayer and was in turn shot in the head by Sessions' son, whose first name was not learned here. Fox Miller was also shot in the leg.
Both of the slayers were arrested.
Being notified by telephone, A. W. Miller, a brother, also of Dallas, went to Wortham in his car and brought his brothers home.
S. G. Miller left Sunday morning for Dallas.
Sunday evening in a telephone message Herman Miller (i.e., Herman Harle Miller (1887-1949)), another brother, also a resident of Dallas, said that joint funeral services for the two slain men would be held at Dallas Monday (December 12, 1921) afternoon and that Fox Miller would be buried there, and that soon thereafter relatives would start for Frederick with the body of Elliott Miller, for burial here.
The body and funeral party will arrive on the Northwestern train here Tuesday morning.
The body of Elliott Miller will be taken immediately to the cemetery, where a short funeral service will be conducted by the Rev. W. B. Higgins.
News of the double tragedy came as a profound shock to numerous friends of the slain men. Both were held in the highest esteem here because of their clean lives and Christian characters.
The two had been in the real-estate business together for several years at Dallas, building and selling a great many houses and buying and selling farms. They operated as partners always. Both were members of the Christian church, and were young men of scrupulous integrity, noted for square and honest dealings. Discussing the trade they had made with Sessions, they had stated that they wanted only what was fairly due them. Relatives state that they never went armed, and evidently, they were anticipating no violence.
Fountain Fox Miller Jr. was 34 years old and married. He is survived by Mrs. Miller (i.e., Zula May (Kinnard) Miller-McDaniel (1886-1978)) and their two sons Fox (i.e., Dr. Fountain Fox Miller III (1914-2003)) and Kennard (sic.; i.e., Milton Kinnard Miller (1917-1936). Elliott, aged 30, was unmarried, but was to have been married to a Chicago young lady within a short time. He had served in the army during the war with Germany.
These two young men whose partnership in life has ended with a partnership in death, were the first of the family of eight children to die. Besides the three brothers already mentioned, another brother, John (i.e., John Vance Miller Sr. (1880-1965)), lives near Estancia, New Mexico, and two sisters. Mrs. Nettie Nichols (i.e., Mrs. Hiram Otho (Nettie Miller) Nichols (1882-1973)) and Miss Tula Miller (i.e., Tula Harris Miller (later Mrs. Arnold Gary Shawd) (1895-1980)), in Chicago, Illinois.
Many expressions of regret were heard in Frederick Sunday and Monday that two such noble young men should have met death so foully and sympathy was expressed for the stricken father and other relatives. [NOTE: The father of these two murdered sons (i.e., Fountain Fox Miller Sr. (19850-1921) experienced a heart attack during the grave-side funeral service for his son Elliott and died shortly thereafter.]"
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