The citizen. (Frederick City, Md.) 1895-1923, 1897-01-29
MILLER ON TRIAL.
His Case Now Being Tried Before
the United States Court in
Baltimore. One Indictment
Quashed. Testimony of
Cashier Williams
and Others.


discount clerk In the Central National
Bauk, and for number of wears "a resi-
dent of Frederick, charged with EN-
bezzlement aud making false entries in
the above bank, was heard before the
United States Court in Baltimore,
Judge Norris on the bench.
An account of Mr.. Miller's alleged
populations, amounting to $l.450. APP
peared in The CITIZEN at the time.
and all our readers are familiar with
it, so we do not think it necessary to
repeat. The case has been postponed
several times for various reasons.
He was arrested at Frederick last
February, charged in the local courts
with embezzlement, and promptly gave
bail. He was indicted in December
last by the Federal Grand Jury in Bal
timore for the same alleged crime, and
again gave hail.
The United States Courts claimed
jurisdiction, as his crime was commit
ted against a national banking corpor-
alton. 1t was claimed that he failed
to account for a package of money of
$1,000 charged to the account of the
Baltimore and Ohio Railroad Company
on December Is, 1895. The claim was
also made that Miller received de-
posit of $3.50 from one Phoebus, and
did not account for it.
Miller has for his counsel Messrs.
Thomas q. Hayes and Charles l.. Will
son of the Baltimore bar, and Messrs
William P Maulshy, John G. Motter
and F. NJ. Fauble of Frederick. Mr..
William l.. Marhury, district attorney,
and his associate, Mr.. John l.. G. Lee,
are conducting the prosecution.
The defense made motion asserting
that the prosecution be required to elect
whether Miller should be tried on the
cha gr of embezzlement or of false en-
try, nisappr"prlalinn or conversion of
funds. This motion was overruled by
Judge Morris. There were two indict-
ments.
A motion was made that q separate
trial be given on each of the two charg-
es-embezzlement and false entry.
This motion was overruled and eXcep-
tons taken to both rulings.
Mr.. Hayes filed general demurrer
to the indictment, alsu demurrer to
each count of the Indictment, on the
Sound that no crime against the laws
of the United S ates was set out in the
Indictment He also found "a defect in
the indictment for enlightenment.
Judge Morris ruled that the indict-
ment relating to false entry was defec-
tive, and quashed it after having re-
sclnded tue order consolidating the
Cases. Then plea Of "not guiltyn
was entered with regard to the embez-
Element indictment. Tue demurrer
was overruled and exceptions taken.
After this the jury was summoned.
The most important witness called
on Tuesday was Cashier Henry Will.
Jams. He stated that Miller had been
employed 10y the bank for number of
years. He was selected to perform
certain duties, but at times helped " 18th
! other work. He then told how on the
9th of February, 1896, a statement ha
been received from the National Bank,
Of BalIimare, where the reserve fund
was kept, showing our balance. He
did not see the statement when it first
arrived, but found it in his desk draw
er day or SD later In tallying up he
found draft for $1,000 for which he
could find no voucher or note. In the
scratcher" or memorandum book
he found it debtited to the b. & o. Rail-
road Company. Miller was asked
about ii ami said it was all right. and
would turn up in time. Later found
that Mr.. Duval, of the Farmers and
Mechanics Bank, of Frederick, had
cashed the draft for Miller, as banks
sometimes do when money is needed.
When asked what had become of the
money Miller said that he had put il
on desk near the Cash drawer, aud he
supposed 1T had been picked up from
there AND properly entered. Ii was the
duty of Mr.. Storm, the teller, to enter it.
fnen MIR. Williams told of the entry
in the bank book of Mr.. B. E. Phoebus
of $3.50, which had moi been entered on
the hanks account. No trace of the
money could lie found in the cash, and
the bank only learned of the tlansac-
ton in balancing Mr.. Phoebus' book
after Miller had been suspended.
Mr.. Wilher II. Dulal. of the Far
mers aud Mechanics Bank. of Freder-
lex, and Mr.. James b. Norris, general
b0ok-keeper, of the National Bank, of
Baltimore, were also on the stand aud
made statements concerning the $1,000
draft which agreed with Mr.. Williams
testimony.
On Wednesday the greater part of
the day was taken up with argument
by the lawyers as to the admission of
rtain evidence. Judge Morris decid-
Ell 10. admit only evidence tending di-
rectly upon the Indictment enbez-
element. Tnis discussion was brought
about by the Offering AS evidence sew
etal deposit checks and memoranda
found in an Office coat of Mllfer's left
at the bank. This testimony was de-
Glazed irrelevant. The depusit checks
amounted to alb ,ut 1897, which had
been placed in Miller's hands FIR de-
post but which had either not been en-
tered in the books at all or else cred
lied some time after deposit. The de-
ci-ion of Judge Morris in this matter
was a victory for the deencs. All
dealings with the Baltimore and Ohio
Railroad Company aud all evidence
pertaining to their accounts was de-
clar.d perfectly admissible by Judge
Morris, as one of the charges of en-
beZzlement was for sum of money OBJ.
tanned ora cashiers draft, and the
same being charged against the corr
pany. The express receipts, bank en-.
tres and other papers exhibited In the
account with the Baltimore and Ohio
Railroad Company showed according