Evening star., 1898-12-14
HIS TRIAL BEGUN
Frank H. Miles Answers to Charge
of Embezzlement.
TWENTY EIGHT COUNTS IN INDICTMENT
Total Of Forty Witnesses Sum-
moned by the Government.
D EN- Q RRER ULED

The case of Frank Herbert Miles other
wise called Frank H. Miles, indicted the
10Th of last March for embezzlement while
in the employ of the District of Columbia
in connection with the issuing OF tax GER
tficates was called for trial today before
Chief Justice Bingham in Criminal Court
No. l. The indictment contains twenty
eight counts, and alleges in general. that
Miles the LIST of September, 1897, was a
clerk in the service of the District of CO.
lumbia, and while such clerk embezzed and
wrongfully converted TO his own use one
silver coin Of the value of half dollar
the coin having come into the possession of
Miles by virtue of his clerkship Different
sums are alleged in each count to have been
embezzled under similar conditions.
Assistant District Attorneys Shillington
ana Laskey appeared for the government,
Mr.. Tracy l.. Jeffords representing the de-
fendant. About forty witnesses were sum-
moned in behalf of the prosecution, includ-
ing Assessor Matthew Trimble. H. II. Oar
nellie, E. G. Davis ]. Morrill, Chamberlain,
of The District government: John F. Paret
Leo Simmons, Jesse H. Wilson, +. D. Caru-
81, Dudolph Claughton, James r. Winner,
NJ. /. Weller and NJ. c. Barnard. Secretary
William Tindall of the board of Commits
sloners and other officials were in court.
Submits n Demurrer.
When the case was reached Attorney JEFF
ioiu" Subiilllttu d utllUIIeT 10 lne 1nulCl-
ment. The demurrer set forth that the in
dictment, and each count of it, is bad IN
substance, for the reasons that on it's face
it does not state, aliege or charge the Of
tense of emDezzlement nor any violation
Oh Jaw, nor crime or mISdemeanor; that
1t does not disclose the nature of the accu-
setlon against the defendant in such man
Her as 10 inform him of the nature of the
oflense sought to be charged; that it does
not IurnlSh the defendant with information
as to the nature Of the accusation against
MIN and does not state or allege any charge
or accusation with such certainty and
dehnlteness as to enable the defendant TO
prepare a defense.
Ihat 1t faiIs to charge the defendant with
any duty or hduciary relation and fails to
ailege any breach of duty or trust or fidu-
clafy reiauon; that it fails to charge or
allege that it was the duty of the defendant
10 receive any money or to account for any
money of or belonging to the District of
Columbia, or that he did receive any money
OF or belonging to or on account of the Dis
trlct OF Co umbia, or that he failed to ac-
count Tor any money belong.ng to the Dis
ulct OF Columbia; that the indictment al
ieSes inconsistencies and tadictlons and
TAILS to advise or inform the defendant in
What particulars he stands accused, and
iacks such certainty and definiteness as
enables the defendant to prepare his de-
fenSe.
Attorney Jeffords submitted an argument
in support of the demurrer to which re-
piiCS "eie Illdue Dy assistant District At
torney Laskey, and also by Assistant Dis
trlct Attorney Shillington, a number of au-
thoritles being quoted. Attorney Jeffords
closed the discussion.
OverruIes the Demurrer
Chief Justice Bingham overruled the de-
murrer and the defense noted an exception
to the ruling. A recess was then taken.
After recess the defendant was arragned
and entered plea of not guilty. The read
ing of the Indictment occupied twenty-eight
minutes. The following We're then i'm
paneled as a jury: Alexander d. Tucker,
chairman; Alex. +. Leathns w. NJ. Lewis,
George w. Banagan, John Mel. Dodson,
Benjamin b. Bradford, Mordacai Parke,
Motley Anderson, Joseph E. Washington,
j. B. Dant James NJ. Johnson and James
E. Dalgleish
Assistant District Attorney Laskey made
the opening address to the jury, explaining
the duties formerly discharged by Miles,
while in the employ of the District Of Co
lumbia, and setting forth what the govern
ment expected TO prove in connection with
the alleged embeZzlement