Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-19


ky punch, Mr. Johnston
mo, sir; / do not
well, that's very much to your credit,
young man. said the lawyer from Virginia,
IN a be-good-and-you'll-be- tone Of
voice
When they reached the defendants room.
the witness continued. Milliken took some
more whisky, about four drinks, he thought.
The witness was croSs-examined at some
length as to Milliken's condition when he
last saw him. He said that M!liiken was
Under the influence of liquor.
WAS he drunk?'
drunk.
"Well, Mr.. Johnston, what would you call
drunk, now?"
"Oh, when a man is SO that he can't navi-
gate and goes staggering and stumbling
around the street.
mir. Miiliken was not that way, them"
mo, sir; not that bad"
'Oh, everybody knows what fifteen or
sixteen drinks Of whisky in one day will do
for man. remarked Judge Goode, SEN
tentiously.
''And you played game of poker at Mr..
Milliken's room that afternoon" continued
tie District attorney, addressing himself to
the witness
"Yes, SIR"
What was the value of the chips Mr..
JohnSton?"
I'VE were not playing for money; just for
fun
But I have always been given to under
stand that poker is rather a poor and I'm
interesting game unless there is something
at stake.
Just the same, have just told you that
we were playing for fun.
Judge Milliken a Witness.
Judge W. A. Milliken, the defendants
older brother. who occupies prominent
position as assistant attorney general for
the Post Office Department, was next called
as witness. He was at one time the
bench in Tennessee, where he is a highly
respected citizen.
Judge Milliken said that the first he knew
of the occurrence was about daylight Of the
morning of July ). when he received a note,
saying that he had been arrested. His
brother showed every evidence of having
been on a spree. His brother explained the
matter to him, and later in the day he went
20 see Judge Phillips at the latter's office.
He expressed the modification he felt over
what had occurred, and explained the mat
ter as best he could. Judge Phillips de-
nlanded that his brother should leave the
city at once never to return. He acqIiesced
to this, and later his brother did leave the
city in response to his demand. When he
left the office it was with the belief that
there would be no prosecution. 1t was his
own desire that for the sake of all
cerned the matter should be given as little
publicity as possible, and he thought that
in this ne had the cooperation of Judge
Phillips. During the conversation between
them there was no reference made to any
At 1870 o'clock the court took recess
for half an hour.
After Recess.
After recess the defense put upon the
stand the third member of the little party
that spent July 4 last at Scanlon's billiard
saloon, Albert Chaplind, reporter for the
United Press. He saw Miliken drink sew
eral whisky punches. He himself was not
drinking at that time.
rs whisky punch long drink" asked
Lawyer Anthony, who conducted the di-
rect examination.
I'm not familiar with them myself but
1 believe they are served in large glasses"
replied the witness. innocently.
And afterward you v ent to Mr.. MILL
ken's room?'
Yes, SIR
What djd you do?"
For money!"
NO, sir"
"Ah, dry poker" suggested the New York
lawyer 1t was a new phrase to the wit
ne S. but he agreed to 1t.
Il an not asking for your opinion as an
expert. but 1 would like to know what was
your impression as to his condition at the
nn1e in the matter Of inebriety.''
Il should say that he was in a fair way
to :. vi drunk"
We'll. he was getting laxative. especial
ly after he. took several more drinks of
whisky while We were playing cards.
The witLess said that from what he knew
of Milliken and had heard him say, he was
SATISFIED that ne entertained a very warm
feeling toward Miss Phillips. He was then
excused without being cross examined
Major Albert Akers.
Maj. Albert Akers q native of Virginia
but for many years resident of Tennessee
and now of this city, testified as to Miliken's
character in the highest terms. He said
hat ba ha1 ri
acter discussed, for there never before was
any occasion to question it.
AT this point Judge Goode stated that he
had summoned several members of Con-
gress to testify as to Milliken's reputation,
but they had failed to appear, although
they were in court yesterday afternoon
Mr.. Birney stated that he would not in
troduce any evidence in rebuttal on that
point. and the defense then announced their
case closed.
Mr.. MullOwney Called.
The first witness called for the govern
ment in rebuttal was Mr.. A. r. Mullowney
assistant district attorney. According to
his statement, he was summoned to the
station house by a note from Milliken 1t
was abou. o'clock am. July 5. Milliken
looked like a man " no had been on q spree.
He explained that while he was drunk he
had entered the house of Judge Phillips
but without any felonious intent. Nothing
was SliQ ABOUT Cno nOuSeDredkln& charge,
nor was Mullowney told that he had been
in 1ady's room.
Mulowney did not think Milliken was
housebreaker, and he told the sergeant
in charge of the station that he would be
responsible for the prisoner, for he did not
think that anything more would ever be
said about the case. Milliken had given
an assumed name and the charge against
him was changed to that of suspicion in
order to throw the newspaper boys Off the
| track. This was done at the suggestion
of the sergeant.
Mr.. Mullowney said that he accompanied
Milliken home and advised him to take a
cocktail and brace UP for the day. His
opinion was that the whole matter would
be hushed up. and the motive for his ac-
tions was simply to save all parties con-
cerned from becoming involved in an awk-
ward and unpleasant scandal. So far as
he knew Milliken could have been found at
any time If the case against him should
be pressed.
Judge Phillips Recalled.
Judge Phillips was recalled and questioned