Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-15
MlLLlkEN WILL SURRENDER
Intends, His Brother Says, to Meet the
HOUSEKEEPING Charge
Mr.. Birney ON the Release of the Man
Police Were the Judges In
the Matter.

1t Is more thln probable that Benjamin
H. Milliken, who was indicted last Thurs
day for breaking and entering the residence
OF Judge Samuel F. Phillips, with intent to
.feloniously assault the latter's daughter.
Gertrude, will surrender himself up to the
authorities in few days.
This Afternoon Mr.. VIM. A. Milliken Of
the Post Office Department, brother of
the indicted man, called upon District At
torney Birney in relation to the case. Be-
yond admitting that much. Mr.. Birney
would say nothing more as to the object Of
Mr.. Ml!iken's call upon him, but the dis
trict attorney remarked, significantly, that
he would not be the least bit surprised If
the accused man surrendered himself with
in short period.
Indeed" continued Mr.. Birney. IT would,
II were his counsel CT friend, so advise
him. 1t is only question of time when he
will be apprehended. ana he is doing him
self harm by eluding arrest. 1t would be
far better to return and meet the charge.
for in that way he would at least remove
the presumption which flight and attempt
to evade arrest raises against an accused
person..
Mr. Birney stated that he did not know
the whereabouts of Mil1l1en, but said that
every effort would be made to locate and
arrest him.
Mr.. MullOwney's Responsibility.
Speaking of his connection with the case.
Assistant District Attorney Mullowney
stated to a Star reporter this afternoon
that he recommended Milliken's release
from the police station because he believed
at the time that the young man had, while
in an intoxicated condition, aimlessly wan
dered into the house, without either the in
tention or the ability to commit crime.
AS to the statement that he had directed
10 mans ralaaSp bacanSa he had assisted
bis (Mullowney's) mother in securing pay
ment of claim presented by her to the
committee appointed to inquire into the
Ford's Theater disaster, Mr.. Mullowney
stated that Milliken had rendered them no
assistance in the matter. The opposition
to his mothers claim, he explained, was
encountered in the House, while Milliken,
whom he knew but slightly, was clerk to
the Senate committee
Mr.. Birney feels that Mr.. Mullowney was
rather indiscreet in releasing Milliken
THE fact of the matter is, remarked the
district attorney, 1.-The police should not
have released the man, even IL Mr. Mullow-
ney did recommend or direct his release
Why, even the district attorney himself has
no authority or right to release an arrested
person accused of crime. 1t is true, of
course, that we now and then suggest or
recommend such release, but have never
done SO where serious offense was
charged, and even in trivial cases always
suggest that security be required. Yet,
attorney or his assistants, are the real
judges as to the propriety of making such
releases, and when they release an accused
person, they, and not this office, are re-
sponsible.'
He Will Return.
Judge William A. Milliken, law clerk of
the Post Office Department., and brother of
the accused. today gave out the following:
Mr.. Benjamin Harrison Milliken left
town on the advice Of his brother on Sat
urday, July 6, with the understanding that
no criminal prosecution or proceedings
would be had against him. Since he has
learned of the indictment against him and
the charge he B. H. MilhkenD Is both sur
prised and indignant and will return to
Washington and meet the accusation. A
full statement of the affair will be given to
the press later"
Private Watchman William Caldwell. it
is said, claims the credit Of arresting Mil
liken the night of the alleged offense. 1t
Is said that Caldwell claims that he caught
the young man as he was endeavoring to
escape through a rear window of the house.
Milliken's shoes, he claims, were hung
ebout his neck, and the young mans coat
was on wrong side out. Caldwell claims
1t is understood. that Milliken was not In
toxicated, although he pretended to be, and
1t Is said that the man declared to the
watchman that he had staggered into the
house, not knowing where he was going.