New-York tribune., 1900-04-11
BROOKLYN NEWS.
THE PROSECUTION RESTS.
MILLER CASE EXPECTED TO GET TO
THE JURY TO-DAY


Through the dismissal of a large number of the
prosecutions witnesses, some because Judge Hurd
would not receive their testimony and others be-
cause the defence admitted what the witnesses
were expected to prove, District Attorney Clarke
able at $50 o'clock yesterday afternoon to
close the of the people in the trial of William
r Miller, the manager of the Franklin Syndicate.
Court was at once adjourned until this morning.
1t is generally believed that the defence will not
attempt to put in any testimony, and will rest It's
case after arguing for dismissal, the ground
that the charges as alleged in the Indictment have
not been proved. Ex-District Attorney James
Ridgway. Frederick House and Robert A. Ammon,
the lawyers for the defence, held a long consuta-
ton after the adjournment of the court. to decide
on their course Of action. They would not say
just what they would do but Mr.. Rdgway ex-
pressed the belief that the would go to the
jury before the end of the day
There differences OF opinion the out
come OK the trial. That the prosecution has fully
proved the intent Of Miller in esta hiiehng and
conducting his Franklin Syndicate 10 generally ad-
mitted; but whether specific OF grand lar
ceny has been made out under the existing laws is
a question about which there is e difference OF
opinion. Should there be a conviction the case
will be appealed. In case the jury acquits Miller
It IS generally believed that the District Attorney
will bring him up for trial again. There are in
all twenty-onc indictments for grand larceny. and
should he decide that the failure in the present
indictment would weaken the other grand larceny
charges, it may be that District Attorney Clarke
will frame a new indictment charging conspiracy.
Indeed, the first indictments, which were found
under District Attorney Steele, charged conspiracy.
District Attorney Clarke does consider that
they properly drawn.
One of the strong points upon which the derence
relying greatly weakened, If not mega
tIved. yesterday, when John L. Daily, the man who
acted as assignee for Miller, testified that to the
best of his knowledge and belief the syndicate was
not open and doing business when the police TOOK
possession of the property. Mr. Rdgway intended
to argue Miller kept all of his agreements and
continued to pay dividends up to the moment
the police took possession of the place. And again,
TO Offset this contention on the part OF the de-
fence, Mr.. Clark adduced testimony to show that
Miller had made an assignment at o CLOCK on
that afternoon and, therefore, had himself taken
the first step in bankruptcy and brought about the
suspension of business.
Charles Schmidt brother-in-law or Miller VINO
was employed as a check writer for the syndicate,
gave some interesting testimony. He said that at
the end there were probably twelve thousand IN
vestors in the syndicate; that it took from early
Friday morning until after midnight each week
70 send out the dividend checks 70 the depositorS.
Schmidt testified that in or about November Miller
sent out d thousand kilograms TO various
parts of the country, urging the patrons Oh @ Ile
enterprise send more deposits as d large
deal IN Wall Street about TO go through.
Inc casn book OF syndicate was htlOuucec
IL evidence, ana a large NUMBER OF ehtrleS wee
read showing now the business nao increased ana
what enormous proportions II nae reaCneC' el III IL
paid ouI was $45, 49, including all expenses. ON
%oVember y an entry was maGe 10 credit siue
of the BOOK AS rouows: 'Sos,U ,U0J guess work..
Aliller's cneckbook Tor the Hide ana leather sank
spoIIs TSS wit with Eaward scnlessnger
In the afternoon the Hrst witness on the STAND
tenry NlIson, VINO introduced Mrs. Catherine
Aosier Miller Mrs. Mosier Is the complaining
Kudolph Gunther. advertising agent for daily
newspapers throug nout the country with oIhees at
advertised thro@snout every STATE IN the Union.
small notice in ntteen papers and had gradually
dred ana hundrea papers We're running large
Vertising between July Il and November j.
Henry Loer1er, jr., wnose wife owned the prem
stand ies IN ctnner one f"n Ioe antiIe house
the purchase OF the property, ana Miner put up
$a0O to secure the zeal. me aeeds OF sale we've
never mace, ana Mr.. hidgWay, in cross-eXamina-
ton, developed Ine IacI tAat LoeTner sun mas the
John l. Daily, OF Tottenville, Staten Island, to
whom Miller made assignment on the Gay Ihat
in ene tranKln oynulcate through robert A Am
called over 10 the law on4ce OF Alr. mouse,
Manhattan, and told that he nad been named as
District Attorney Clarke next went the stand.
County Court ne had been put unoer
asked II he had not neen in Canaaa before ne was
AIR. Clarke SAID 1hat Mllier replied IN the
William Mcclure secretary of the New-York
Stock exchange, was sworn 10 testify that Miller
NOT Doen a member OF the Exchange ana mad
John B. Lord, receiver Of the property OF the
Franklin Syndicate, uesUned that he received
SIS, ,U4S d number or cheeks ana dratJS. IN
cross-examina ton he salu tnaJ among the papers
there about six hundred dividend checks
signed by Miller which called for the dividends due
the Saturday after Miller left.
The lawyers TOR the defence admitted that at the
time the syndicate closed up IL had S,l5o01S %
belonging TO its investors. 1t was also admitted
that Miller had had transactions with other people
similar that with Mrs. Mosier. This dld away
with the necessity of putting about forty witnesses
the stand prove similar transactions. The
District Attorney then announced UnaL the for
Z he was 81