Name: Florence E. Miller

 

Age/DoB: abt 1887

 

County of Conviction: Flathead

 

Judicial District:  11th

 

Case No.: 1036

                 

Date of Conviction:    June 21, 1918

 

Sentence: $350 fine

 

 

 

 

 

 

 

 

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Allegations:     Complaint filed on April 3, 1918, says she "did utter certain disloyal, profane, violent, scurrilous, contemptuous, and slurring language about the soldiers and sailors of the United States."

 

Case Details: Sentenced on June 25, 1918. Fined $350 fine, and "committed to the custody of the Sheriff of Flathead County until said fine was paid," at a rate of $2/day. In a petition after sentencing, she argued through her lawyer that the jury was prejudiced by remarks made about the county attorney referring to other sedition prosecutions and stating that all of defendant's witnesses were German "thereby intimating that said witnesses were not to be believed." She also alleged misconduct because the jury was led to believe that they would not be discharged until they arrived at a verdict and that one or more members of the jury would be prosecuted for perjury "unless they agreed with the other jurymen after a conviction."
" An affidavit signed July 10, 1918, by B.B. Butterfield states that he was a juror in Miller's case. He said the jury deliberated "on or about 24 hours" and that he was one of the jurors who insisted that the verdict form given to them by the court be modified by striking the words "as charged" because he did not believe she said the words she was charged with any malicious intent toward the authority or flag of the United States or said anything calculated to bring the U.S. form of govt., soldiers, sailors, flag, etc into scorn, contempt, contumely or disrepute" but that she made the remarks "for the purpose of aggravating and annoying Mrs. Ross." Butterfield stated that at the time he voted "Guilty" that the defendant was not "Guilty as charged."

 

Personal Information: Born in Montana. Married to Levi Miller, a laborer. Florence and Levi had 7 children. Florence died in August 1984 in Roosevelt County.

 

The Montana Sedition Project