Although this version accounted for some of the physical evidence — the car in low because it had been started from a dead stop, the parking lights on because she could not do what needed doing without some light, a rear wheel spun in repeated attempts to get the car over the embankment, the milk cartons upright because there had been no sudden stop — it did not seem on its own any more or less credible than Lucille Miller’s own story. Moreover, some of the physical evidence did seem to support her story: a nail in a front tire, a nine-pound rock found in the car, presumably the one with which she had broken the window in an attempt to save her husband. Within a few days an autopsy had established that Gordon Miller was alive when he burned, which did not particularly help the State’s case, and that he had enough Nembutal and Sandoptal in his blood to put the average person to sleep, which did: on the other hand Gordon Miller habitually took both Nembutal and Fiorinal (a common headache prescription which contains Sandoptal), and had been ill besides.
It was a spotty case, and to make it work at all the State was going to have to find a motive. There was talk of unhappiness, talk of another man. That kind of motive, during the next few weeks, was what they set out to establish. They set out to find it in accountants’ ledgers and double-indemnity clauses and motel registers, set out to determine what might move a woman who believed in all the promises of the middle class — a woman who had been chairman of the Heart Fund and who always knew a reasonable little dressmaker and who had come out of the bleak wild of prairie fundamentalism to find what she imagined to be the good life — what should drive such a woman to sit on a street called Bella Vista and look out her new picture window into the empty California sun and calculate how to burn her husband alive in a Volkswagen. They found the wedge they wanted closer at hand than they might have at first expected, for, as testimony would reveal later at the trial, it seemed that in December of 1963 Lucille Miller had begun an affair with the husband of one of her friends, a man whose daughter called her “Auntie Lucille,” a man who might have seemed to have the gift for people and money and the good life that Cork Miller so noticeably lacked. The man was Arthwell Hayton, a well-known San Bernardino attorney and at one time a member of the district attorneys staff.
In some ways it was the conventional clandestine affair in a place like San Bernardino, a place where little is bright or graceful, where it is routine to misplace the future and easy to start looking for it in bed. Over the seven weeks that it would take to try Lucille Miller for murder, Assistant District Attorney Don A. Turner and defense attorney Edward P. Foley would between them unfold a curiously predictable story. There were the falsified motel registrations. There were the lunch dates, the afternoon drives in Arthwell Hayton’s red Cadillac convertible. There were the interminable discussions of the wronged partners. There were the confidantes (“I knew everything,” Sandy Slagle would insist fiercely later. “I knew every time, places, everything”) and there were the words remembered from bad magazine stories (“Don’t kiss me, it will trigger things,” Lucille Miller remembered telling Arthwell Hayton in the parking lot of Harold’s Club in Fontana after lunch one day) and there were the notes, the sweet exchanges: “Hi Sweetie Pie! You are my cup of tea!! Happy Birthday — you don’t look a day over 29!! Your baby, Arthwell.”
And, toward the end, there was the acrimony. It was April 24, 1964, when Arthwell Hayton’s wife, Elaine, died suddenly, and nothing good happened after that. Arthwell Hayton had taken his cruiser, Captain’s Lady, over to Catalina that weekend; he called home at nine o’clock Friday night, but did not talk to his wife because Lucille Miller answered the telephone and said that Elaine was showering. The next morning the Haytons’ daughter found her mother in bed, dead. The newspapers reported the death as accidental, perhaps the result of an allergy to hair spray. When Arthwell Hayton flew home from Catalina that weekend, Lucille Miller met him at the airport, but the finish had already been written.
It was in the breakup that the affair ceased to be in the conventional mode and began to resemble instead the novels of James M. Cain, the movies of the late 1930’s, all the dreams in which violence and threats and blackmail are made to seem commonplaces of middle-class life. What was most startling about the case that the State of California was preparing against Lucille Miller was something that had nothing to do with law at all, something that never appeared in the eight-column afternoon headlines but was always there between them: the revelation that the dream was teaching the dreamers how to live. Here is Lucille Miller talking to her lover sometime in the early summer of 1964, after he had indicated that, on the advice of his minister, he did not intend to see her any more: “First, I’m going to go to that dear pastor of yours and tell him a few things….When I do tell him that, you won’t be in the Redlands Church any more Look, Sonny Boy, if you think your reputation is going to be ruined, your life won’t be worth two cents.” Here is Arthwell Hayton, to Lucille Miller: “I’ll go to Sheriff Frank Bland and tell him some things that I know about you until you’ll wish you’d never heard of Arthwell Hayton.” For an affair between a Seventh-Day Adventist dentist’s wife and a Seventh-Day Adventist personal-injury lawyer, it seems a curious kind of dialogue.
“Boy, I could get that little boy coming and going,” Lucille Miller later confided to Erwin Sprengle, a Riverside contractor who was a business partner of Arthwell Hayton’s and a friend to both the lovers. (Friend or no, on this occasion he happened to have an induction coil attached to his telephone in order to tape Lucille Miller’s call.) “And he hasn’t got one thing on me that he can prove. I mean, I’ve got concrete — he has nothing concrete.” In the same taped conversation with Erwin Sprengle, Lucille Miller mentioned a tape that she herself had surreptitiously made, months before, in Arthwell Hayton’s car.
“I said to him, I said ‘Arthwell, I just feel like I’m being used. ’…He started sucking his thumb and he said ‘I love you….This isn’t something that happened yesterday. I’d marry you tomorrow if I could. I don’t love Elaine. ’ He’d love to hear that played back, wouldn’t he?”
“Yeah,” drawled Sprengle s voice on the tape. “That would be just a little incriminating, wouldn’t it?”
“Just a little incriminating,” Lucille Miller agreed. “It really is!’
Later on the tape, Sprengle asked where Cork Miller was.
“He took the children down to the church.”
“You didn’t go?”
“No.”
“You’re naughty.”
It was all, moreover, in the name of “love”; everyone involved placed a magical faith in the efficacy of the very word. There was the significance that Lucille Miller saw in Arthwell’s saying that he “loved” her, that he did not “love” Elaine. There was Arthwell insisting, later, at the trial, that he had never said it, that he may have “whispered sweet nothings in her ear” (as her defense hinted that he had whispered in many ears), but he did not remember bestowing upon her the special seal, saying the word, declaring “love.” There was the summer evening when Lucille Miller and Sandy Slagle followed Arthwell Hayton down to his new boat in its mooring at Newport Beach and untied the lines with Arthwell aboard, Arthwell and a girl with whom he later testified he was drinking hot chocolate and watching television. “I did that on purpose,” Lucille Miller told Erwin Sprengle later, “to save myself from letting my heart do something crazy.”