Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-21
First Prosecution of Postal
Fraud Cases Results In De-
feat of Government
MILLER AND JOHNS NOT GUILTY
Jury Finds Verdict for the Defendants
and Court Room Is Scene of Much
Enthusiasm On Part of Friends Of
the Acquited-Prisoners overjoyed
at Verdict.

Cincinnati O., Nov. 21.-The first
prosecution in the postal fraud cases
failed when d. v. Miller of Terre Haute
Ind, and Joseph NJ. Johns of Rock
Vile, Ind. were last night acquitted OF
the postoffice departments charge OF
conspiracy to extort a bride from John
j. Ryan.
| The verdict of not guilty" was re-
ceive1 by the crowd with demonstra-
lions that could not be suppressed by
| the court officers. AS soon as court
was adjourned and Judge Albert c.
Thompson had retired, pandemonium
broke loose among the friends OF the
defendants, and for five minutes the
courtroom was filed with cheers and
cries OF jay.
| Miller and Johns and Attorneys HI
ram ID. Rulison and Charles w. Baker
and others were overwhelmed with con-
CALCULATIONS.
The defendants finally broke away
from the crowd of friends to shake
hands with the jurors, and wept like
children as they did so.
Mrs. johns was the only woman
present. She was overcome with JOY.
Chief F'ostoffice Inspector Cochran,
Mr.. Robb, assistant postmaster general
for the pnstoffice department. and 9TH
ers from Washington who had assisted
District Attorney Mcpherson and As
sistants Moulinier and Darby in the
prosecution, left for the east before the
verdict was rendered.
This was the second trial Of the case.
the former jury having disagreed. The
present trial has continued since last
Monday morning. The jury retired
shortly before o'clock and rendered its
verdict after celebrating six hours. 1t
Is understood that majority this time
was for a,cquittal from the start. and
that 1t then took some time to go over
all the documents that had been sub
mitted in evidence before unanimous
verdict was reached.
1t is generally understood that there
was doubt as to Miller's connection
with the transactions between Johns
and Ryan. The charge Of Judge
Thompson during the afternoon occu-
pied an hour in It's delivery. It was
evident to all. after the charge to the
jury, that the verdict was a surprise,
as the general prediction was that the
jury would again be unable to agree
on a verdict The penalty on convic-
ton of such conspiracy Is two years
or a fine of $4,000, or both.
TIE federal officials acknowledge
their disappointment in the ANAL out
come but express some satisfaction in
a definite result, as many apprehend-
ed that another trial might be nee
essary. The government officials state
that this case was not like any OF the
other postal cases that are pending,
as this case simply dealt with the ac-
ton of Miller when he was an assis-
tant attorney OF the postofflce depart
ment.
Before his appointment as assistan.
attorney in the postofiice department
at Washington, Miller was prominently
identified with politics and official life
in Vigo county, and was member OF
the state committee of his party in In
diana. Johns was deputy prosecutor In
Park county and also prominent in In
diana politics. The crowd awaiting the
verdict yesterday was largely COM
posed Of political friends of the defen-
dants from Indiana. There were also
many present from Washington City
who have been assisting as witnesses
and otherwise in the prosecution.
Ryan, who conducts n betting agency,
had testified to paying Johns $4,000.
while Miller was In the postoff1ce de-
partment, so he could use the mails for
placing bets on races. Ryan said that
he only told the story after repeated
demands were made on him.