The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18


. to agree and was discharged.
I y y y = y y y y = y . y %%&A
/ Cincinnati. o., oct. 17.-Today-s ses-
! sion Of the trial Of d. V. Miller and 7.
! NJ. Johns was devoted to arguments
Informally before court convened it
! was determined that the case should
90 to the jury about o'clock this
( evening.
! During the arguments made by At
! torney RulisOn il was evident that the
( defense of Miller had cut loose from
/ that Of Johns Ruhson declared that 1T
might be said in defense Of Johns that
/ when he bunCOed Ryan out OF "a 500 he
/ buncoed one who had been buncoing
/ otherS FOR years. but il was unjust TO
\ connect Miller with. il when the latter
} knew nothing Of It, He held that rho
! conspiracy established was that OF
making a sCapegoat out Of Miller I'm "a
( trlai where gamblers and thugs" had
I been used as witnesses. Rulison insist
\ ed that Miller had been treated unfair
I ~ IN the sweat boxes" at Washington
and held that he was not then given an
Z opportunity to present his own case.
7 He said Christiancy was the judge who
/ passed on the Ryan eases. and that
I Miller simply appeared as the govern
/ menJs attorney. The article in q
/ Washington paper for which the data
/ was furnished by Clerk Huebner of the
: postofhce. was reviewed 20 show that
/ Chrisiancy passed on the Ryan case
| favorably instead Of Miller
Plea For Johns
Charles w. Baker. as attorney for
! Johns insisted Miller had fraudulent
orders issued against Ryan and after
| ward had the mail of Ryan & co. held
/ up, and was really the one who was
/ causing trouble for Johns client so
| Ihat there could have been no under
l standing between Miller and Johns In
/ reviewing all that was done at Wash
/ lngton Baker said that the Indictment
o. Miller and Johns was due more to
/ the lneXperience of General RObb. who
/ was recently admitted to the bar. than
70 the indiscretiOn Of the defendants
/ 1e also charged that others were try
( ing to boost themselves by the Derse-
cutiOn of "the two country LAWYERS %
and he charged that the stenographiO
notes of Watson had been EarbIed after
/ they were taken down in concealed
/ corner of Bristow's Office.
I District Attorney Mcpherson closed
! shortly before A O'Clock. Judge A. &.
/ Thompson was an hour and quarter
In delivering his charge to the jury
which did not get the case until after .
( O'Clock.
Charge of the Judge.
The court paid special attention TO
! the testimony of John J. Ryan and in
I Structed the jury not TO throw ~ aside
J on account Of the character. of the wit
{ ness. but 10 give il due consideration
/ where IL was cOrrObOrated by other
/ witnesses or documentary evidence that
/ had been admitted. The charge held
/ that there must be an overt act TO es-
| tabhsh a conspiracy. and that while
/ there was no direct testimony to show
J this except in the testimony of Ryan
as to what Johns had proposed to him,
! vet there was much circumstantiaI evil
/ denCe TO that effect. The main Ques-
/ ton for the jury to settle was
] whether Miller had knowledge Of what
| took place between Johns and Ryan,
and whether Johns was authorized "a
! speak for the assistant attorney in the
/ Office of the assistant attorney general
/ for the postOffice department. The
! court told the jury that there could be
/ no verdict finding one of the defend
| ants guilty and the other innocent:
! that both must be convicted or both
acquitted. and that no sympathy or
( any prejudice should enter into their
/ findings although the testimony bear
\ ing on the previous regulations Of the
I defendants was to be considered the
/ same as other evidence.
/ 1t was almost o'clock when the jury
/ was allowed to go to supper.
/ Unable to Agree.
! At 11:35 o. m. the jury came I'm and in
\ writing reported as follows:
/ We are unable to agree upon a matter
/ of fact
/ Judge Thompson then questioned the
/ jury as to the probability Of reaching
/ an agreement and was advised that
/ there was no such probability without adj
! ditonal instruction Of the case.
{ While there We're uncOnfirtned reports
/ that the jury stood seven TO five for con
I viCtion. it was generally understood ia
the court room that the jury was unable
/ to agree on the matter of fact as to
whether Miller had any connection with
! the dealings between Ryan and Johns. or
I as 10 whether there was any conspiracy
between the defendants.
I The defendants renewed their bonds for
| a new trial and District Attorney Nc
/ Pherson was unable TO state whether
( there would be another hearing of the
/ case set for the present term OF court.
/ While neither side indicated any gratifi-
cation over the result. it was evident that
the many employees Of tho government
/ who were present were disappointed