The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-16
All Speak FavorabIy OF Daniel v.
Miller and Joseph VI. Johns, the
Two Defendants.
FEDERAL JUDGE ANDERSON
CIRCUIT JUDGES WHITE, COFFEY,
PIETY AND sTIMPsON,
Secretary of State Storms, w. l.. Tay-
Tor, Bankers and Others Among
Those Who Give Testimony.

CINCINNATI, Oct. 15.-In the trial of
Daniel v. Miller, of Terre Haute, and Jo-
seph VI. Johns, of Rockville, for alleged
conspiracy 10 extort a bribe, under the re-
cent postoffice indictments, the government
rested this afternoon and the defense In
troduced evidence for three hours. One of
the defendants was still on the stand when
court adjourned. and IL is thought that most
OF the time will be taken up tomorrow
With the two defendants as witnesses, so
that the arguments will not be made until
Saturday.
All of the witnesses OF the government
to-day were federal officers former en-
ployes of the government, the most prom
inent being G.. a. @. Christiancy, who was
first assistant attorney in the office OF the
assistant attorney general for the Post
Office Department when ID. V. Miller was
the second assistant attorney, or the next
in rank to the witness under Tyner's adj
ministration. Christiancy, while no longer
connected with the Postoffice Department
was startling witness in testifying that
Miller had not submitted some important
matters in the Ryan case to him. and had
misled him in regard TO others, notably in
the information on which was based the
ruling contained In letter signed by Chris
the government claims, was sent to Johns
for Ryan & Co. The government also seeks
10 establish a conspiracy by producing
telegram from Miller telling Johns 10 see
Ryan promptly Christiancy testified that
Miller, his assistant, had asked him If he
did not think. I'm view of the departments
letter to Arnold K Co.. a firm similar to
Ryan * CO.. letter similar to that one
should be sent to Ryan * Co. Christiancy
testified that he was at first averse to the
proposition. but later agreed. and Miller
submitted draft OF a letter, which. the
latter said. had a string TO it," Chris
tiancy testified that Miller had not then
mental report of the inspectors of a prior
date against Ryan * Co, suggesting a
second examination. The government sought
To prove that Miller procured from his
perior the decision which Ryan says he paid
Johns for. Christiancy said he did not get
10 this report until three weeks after
the letter under his signature had been
sent out.
MOTIONS FOR A NONSUIT
After the government rested. counsel for
both Johns and Miller filed motions for
nonsuit, on the following grounds: First.
failure to prove conspiracy: second. that
a verdict should be returned for the de-
fendants on the evidence generally: third,
discrepancies between the date of the overt
act set out in the indictment (Nov. rs. at
Terre Haute) and the evidence. which shows
the act Qf any was committed in Cincin-
natl, Dec IL. Judge Thompson promptly
overruled both motions. He had previously
Overruled the government In wanting to
introduce evidence In other cases similar to
that of Ryan Il Co. against Johns.
John J. Ryan, who had been on the wit
ness stand previous days for the prosecu-
tion, was on the stand to-day for the de-
Tense. The government did not cross-ex-
anime any of the host OF witnesses from
Indiana testifying to the previous good rep
utations OF the defendants. but it opened
up a most thorough cross-examination on
Joseph NJ. Johns, who was roughly handled
during the last hour that he was on the
stand, and who will be called on tomorrow
for many further explanations.
William j. Vickery. OF Evansville, Ind.
and Robert NJ. Fulton. postoffice inspectors,
testified to-day TO their work in investi-
eating the cases of Miller and Johns, re-
citing all their meetings with the defend
ants. John j. Ryan, and others. and identi-
flying the reports that they had made to
Chief Cochran at Washington
Paul ". Kaiser was recalled and testified
regarding the disposition of papers ~ the
Ryan case The government then osed
and motions 20 nonsuit the cases Of both
Miller and Johns were overruled.
INDIANIANs TESTIFY.
United States District Judge Anderson.
Of Indianapolis, was the first witness for
ths defense and testified to knowing the
defendant Johns for years. to whose good
reputation heretofore he gave evidence
A r. White. OF Rockville. Ind, judge of
the Parke county Circuit Court for the past
seventeen years. testified TO knowing Johns
for twelve years. during which time he had
borne good reputation Johns is at pres
ent deputy prosecuting attorney in Parke
county.
Brazil. Ind. had known Johns for many
years and he had always borne "A good rep
utation
John r. johnson. president OF the City
Council OF Mansfield. Ind, testified TO the
good reputation OF Johns. as did also Maj.
cutting Attorney Gould Ruby. OF Newport,
Ind: William ~. Carlisle. agent of the
Adams Express Company at Rockville. and
Elias III. Owens, member of the Indiana
Legislature from Parke county
James L. Piety, OF Terre Haute. judge of
the vfgo Circuit Court; Samuel C. Stmp-
son. of Terre Haute. judge of the Superior
the Vigo County National Bank at Terre
Haute: James w. Landrum. president of
the Terre Haute Coal and Lime Company
pan Fasig. sheriff of Vigo county at Terre
Haute: L. III. G. Royse. president of the
Terre Haute Trust Company: Daniel +.
Storms. formerly Of LAFAYETTE. Ind. now
secretary OF state at Indianapolis and
William III. Taylor. OF indianapolis. former
attorney general. all testified TO the good
John J. Ryan and Inspector Fulton were
called as witnesses by the defense as Well
as by the prosecution 10 show the character
of the turf commission business.
JOHNS IN HIS OWN BEHALF.
At O'Clock Joseph M. Johns. one or the
defendants. testified He said he was thir-
ty-four years old. He lived at Rockville
twelve years ard had been deputy prose-
cutor the past five years Te first met ID.
". Miller In 1890. wnen he introduced him
a. speaker at a political meeting. After
ward he had been employed with Miller in
eases and they were closely associated.
Last September Miller came from Wash