Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-07
SEARCH FOR LOST RECORDS
Defense Tries to Show Books Could
Not Be All Together.
READING 0FCHECKs RULED OUT
Edgar Frisby Tells of Audit of Ac-
counts-No Way to Confirm Ac-
curacy of Entries


tion We're missing when the safe was
forcibly opened early in July 1908. at the
time whe nslspicion of irregularities in its
! affairs provoked an investigation. was Of
fered by the government today in the
, trial of J. Barton Miller. the former sec
rotary of that organization. on a charge
of embe zzlement before Justice Stafford il,
Criminal Court No =. George II. Lee
and Edgar Frisby. the members of the
auditing committee of the association,
were the principal witnesses at this, the
second day of Millers' trial, and both
stated they were present when the safe
was opened and they made list of all of
tho documents found at that time, the list
being placed in evidence
spirited controversy over the adj
nssibiity of evidence occurred when
Attorneys Henry f. Davis and John T..
I.askey sought to introduce evidence
for the defense that a great number OF
ter of the association and subsequently
deposited by Miller as cash.
Checks as Evidence.
Justice Stafford ruled that the checks
themselves constituted the best evidence
! to so before the jury, thus upholding
the contention Of District Attorney
Wilson and Assistant District Attorney
Proctor that the questions asked Of
Auditor Lee were not proper cross-eX-
animation. The court permitted the de-
fense TO note Il series Of exceptions to
the. ruling.
Miller's attorneys DEVOTED no little
time to an effort to prove by the gov
ernment's witnesses that the safe in the
office of the building association was
entirely too small to permit the stor
age within its iron walls Of the great
mass of books. deeds and other records
of the organization. which had been
animation into Miller's conduct of its
affairs was made.
Director J. II. Lee Testifies.
Joseph H. Lee, a director and one of
the members of the auditing committee
of the First Cooperative Building As
sociation, was the first witness called
this morning by the government.
Without attempting to indicate any of
the alleged fraudulent entries, Mr.. Lee re-
ferred to an enlarged copy OF specimen
page from the association cash book.
which was posted an exhibit on the
wall of the courtroom. He explained at
length the methods of bookkeeping In
vogue during the regime OF the defend
ant. Miller.
Witness identified his own signature to
of May. June. July, August and Septem-
ber 1907, that the accounts of the asso-
citation had been examined and approved
as correct.
in evidence Mr.. Lee read the entries
showing that the monthly audit of ac-
counts after September. 1907. and down
TO June. 1903. had been made by himself
and Prof. Edgar Frisby. his associate on
the finance committee.
Lee said he was present in the rooms
Of the association when the safe was
opened at the time suspicion had been
aroused of the solvency Of the organiza-
ton He declared most of the books were
missing Witness submitted list of the
books found in the safe
During his tenure of Office. Mr.. Lee
testified. none of the funds of the asso-
citation were authorized to be deposite ed
elsewhere than in the Farmers and Me-
chanics' Bank. Georgetown. Replying to
a question OF Justice Stafford. witness
sai id no money was found in the safe at
the time it was forcibly opened.
Lee Under Cross-Examination.
Under cross-eXamination by Attorney $
Laskey and Davis. for the defense. Mr..
Lee was required to canvass the entire
list OF books kepI by the association and
to state the recorus of deeds and other
securities deposited by borrowers when
loans were negotiated. 1t was the evil
! dent purpose of the defense to show that
all the books and records of the orcani
| zation could not possibly be kent in
| the safe AT its Office at 1o4J Wisconsin,
avenue northwest.
The cross-examination was carried a +
| considerable length. into the technica IL
! ties Of the accounts between the associa
! ton and its stockholders or borrowers.
The proceedings were Interrupted mo-
| mentarilv while William T.. Ambrose. re-
ceiver for the First Cooperative RuiIdnp
| Association. gave into the custody of the
! clerk OF the court all Of certain list of
| the associations checks, issued between
! the dates January ]. 1907. and June l.
! 1903. Subsequently some of the checks
| were sought to be introduced in evidence
| by the defense to show that they had
| been cashed across the counter of the as
sociation office and subsequently, deposit
| cd in bank by the association as cash.
Reading of Checks Ruled Out.
| Objection was made by District .Attor-
ney Wilson that this line of questioning
was not properly crOss-eXamination. A
| spirited debate occurred before Justice
! Stafford finally ruled out any reading OF
| the checks when the checks themselves
| showed clearly to the jury what DISPOSE
| ton had been made of them
Four or five exceptions in row were
| noted by the attorneys for the defense
| before the disputed point was abandoned.
t Prof. Edgar Frisby, who was a member
! of the associations auditing committee
! from September, 1907, to the date its
! troubles eliminated, was the second wit
! ness of the morning. He testified briefly
| regarding the method of auditing the
/ associations accounts.
! Under cross-eXamination the defense
made considerable point of Mr.. Frisby's
| statement that there was no way that he
| knew to confirm the accuracy or inaccu-
| racy of some of Miller's entries in tbs
| cash book.
| On the initiative of Attorney Davis. MI
| Lee was recalled. He stated that the en-.
| tries in question came from the book
| known as "secretary's account with mem.
| bers.'
President Benjamin Testifies.
Charles F. Benjamin. president of tn,
Perpetual Building Association. was tn,
next witness. and he described a meetins
OF the officers of different building asso
Citations held al the time when the frs
difficulties beset the First Co-operativ,
Building Association. Under objection b,
the defense Mr.. Benjamin related the sub
stance of a statement made to this meet
ing by Mr.. Miller. namely, that the finan
cial troubles grew out of an excess owe
current receipts of the demands for none,
by the holders of matured and maturing
stock.