The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-06-13
ENLIGHTENMENT Case Expect
ed to Go to Jury BY Tues
day Afternoon.
EVIDENCE ALL IN,
ARGUMENT BEGINS
Much Expected to Depend on Gov
ernment'S Rebuttal
Testimony.

Whether John Barton Miller is con-
victed or acquitted of the charge of
having embezzIed 100000 from the First
Cooperative Building Association OF
Georgetown Will rest largely, it is
thought. on whether the Governments
rebuttal witnesses, placed on the stand
this morning, have broken down the
explanation Of the dissipation of the
associations funds made by Donald
Miller. a brother Of the accused, who
was called as a witness Friday.
w. A. Cunningham and Daniel John
son, stockholders and directors of the
ueIuncL association, were pleced on the
stand this morning by the Government
IN an effort TO diSprOve the statement
or young Miller that the building asso-
citation during the later days Of its life
was caught between stockholders clam
orlng for Withdrawals, and the insiStent
demands OF the Farmers and Mechanics
Bank for the curtailmeut Of a note OF
81. COO
Jesse. Wilson, a member of the Local
DdTr whose father, the late Jesse WI
son, was attorney for the defunCt asso-
citation, also took the stand and told of
ms fathers connection with the build
ing enterprise.
Debt Question Discussed.
While both directors dehied that there
was any preconceived plan on the part
Of the board OF the association from
which Miller is said to have embezzIed
more than 100000, TO keep d small
amount in the Farmers and -rechanics'
Bank 20 prevent the bank from applv-
ing association funds to the curtailnent
OF q $ZlU0 note, each admitted, under
discrimination, that the question OF
curtailing the large debt had been dis
cussed.
Following the testimony Of the vii
nesses, Attorney Harry il. Davis and
John LaSkey, for the defense, and Dis
Ilct Attorney Wilson and his assistant,
James NJ. Proctor, argued the question OF
the admission Of certain checks as cvi-
dence, and then the question of the in
sJrucuonS 70 the s--y was discussed.
II IS thought that Re Government will
begin It's arguments TO the Jury this
afternoon. three hours being given TO
edch attorney, and that the arguments
OF the defense and the final arguments
or the Government viii be completed in
time for the case 10 go 10 the jury TO-
morrow afternoon,
Rebuttal Testimony Begins.
W A. Cunningham. of 1874 Potomac
street, a director for the past eight
years in the First Cooperative Build
ing Association. was the first rebuttaI
witness called. He testified that he had
beer In the office Of the association
nearly every day for years, until the
Office was changed IN June, 1905 He
also said he attended all the directors
meetings.
State what, if any, plan was dis
cusSed at any Of the directors meetings
with reference 10 keeping a small ac-
count IN the Farmers and Mechanics
Bank2' he was asked.
I don't think there was ever any
discussion, for the president OF the bank,
l. Ihomas Brown, was a member OF the
board Of directors" he replied.
On crOss-eXamination by Mr. I.askev
the witness declared he knew of the
note, and did not believe that IL had
been curtailed. He said he recalled that
special meetings were called Eor the
directors, but that they were few in
number.
Q.-was not at any Of the regular
meetings or the special meetings the
plan fox the transfer of loans bv the
First Cooperative Building Association
TO other associations discussed?
Al think they were.
Q.-And app owed:
A-llS
Q.-Dcn't you recall that at one OF the
meetings, Mr.. Dietz and Mrs. Leonard
cane before the board?
Was not the object of their yiyi,
TO request that ways ard means be de-
/ viSed in order that q loan III which they
were interested might be satisfied?
Axe
MI Johnson another stakeholder and
director, Of 10l7 Thirty-hrst street, then
took the stand, and declared that he
knew nothing of any plan on the part
Of the directors TO keep a small deposit
in the Farmers and Mechanics Bank
but admitted under CrOSS-eXaminatiOn
that plans for the curtailment Of the
So, 600 note had been discussed. He de-
clared, however, that he did not recall
any discussion prior TO or Immediately
after a meeting Of the directors June 4
1GCS. Of the plan of keeping the account
small, nor did he recall that such a dis
cussiOn was held before or after the reg
ular meeting in order TO keep Mr..
Brown, who was a director and also
president of the bank, from hearing the
plan 70 avoid curtailment.