Evening star., 1911-06-01
Justice Wright Sets Precedent
in Miller Case.
REASONS FOR THE RULING
Says When Indictments Are United
There Is Only One Trial.
CHOOSING OF JURY FINISHED
Prosecution Makes It's Opening State
ment and Introduction Of
Testimony Is Begun. iW


No. today set a precedent in the trial
OF John Barton Miller former secre-
tary-treasurer of the First Co-opera-
tive Building Association. on the joint
charge Of embezzling funds Of the as
sociation and making away with it's
books and records. The court declared
the law In the District to be that when
two or more indictments are consoli-
dated there is but one trial, and, since
the code provides ten challenges only
for a trial." and not for a case. no more
than ten challenges Of talesmen may
be allowed the defendant
The court listened to an extended argu-
ment by Attorneys Henry E. Davis and
John e. Laskey for the defense, who
Of which Justice Wright pointed out the
word used in the statute was case as
distinguished from trial" The District
Code. however, the court said used only
the word trial. and he accordingly over
ruled the challenge of Juror Frank L.
Averill. which the defense attempted to
exercise after exhausting the usual mum
Der OF challenges.
Little difficulty was experienced today
in completing the panel Of Jurors wht
are to pass upon the guilt or innocence o.
Miller. Only five talesmen out Of twenty
four examined today had formed or ex
pressed opinions which disqualified then
from serving. Four OF these five were
lives. and where the defunct association
was located.
Exercises Five Challenges.
The prosecution today exercised nv,
challenges. while throughout yesterdays
examination United States Attorney viii.
son and Assistant United States Attorney
Proctor expressed context with the jury
The twelve men, acceptable to both
prosecution and defense. who were sworn
70 try the case are: Robert e. Kuehling,
Sullivan ]. Ross, John T1ckell, Irving D.
Hager, Daniel A: OConnor, Harry A.
Meeks; frederick T: Kreigh. Frank l.
Averill. BENJAMIN F. Parker and John
E Lbbey. jr. The last named is q resi-
dent Of Georgetown.
States Attorney PROCTOR made the open
ing statement to the jury for the pros
ecution. He told the jurors that the
government expects to prove that Mil
Ter received the sums OF money men,
TONED In the two counts OF the embez-
zlement indictment on which he il
being retired. that he failed to make
the proper entry on the books Of the
association and appropriated the money
to his own use.
Concerning the indictment charging
that Miller destroyed or. secreted the
books and records of the association.
Mr.. Proctor told the jury that the testi-
mony would show the books were last
alone had the combination to the safe
in which the books and records were
stored at the company's Offices Mr..
Proctor reviewed the annual stockhold-
ers' meeting in June. 1908. and declared
that on that occasion Miller made the
statement that the outstanding loans and
assets Of the association amounted to
$4,000, and claimed the books would
bear him out
Audit Called For.
Despite strong opposition from Miller.
said the assistant prosecutor. the stock
holders passed a resolution providing for
an immediate and complete audit Of Mil
ler's books by outside auditors not before
employed to conduct the usual inquiries
into the condition Of the books. When
demand was made on Miller. he stated.
the defendant failed to deliver the COM
bination to the safe so that the books
might be provided the new auditors.
Later his counsel furnished the COM
bination. ana when the safe was open.
said Mr.. Proctor. the books. securities
and deeds Of trust held by the company
were missing, and have not since been
recovered.
Contrary to Miller's claim that the
association owned assets Of $2l2,OOO,
the jury was told. w. E. Ambrose, the
receiver. had been able to locate only
$4,000 worth.
The defense reserved its opening
statement and the Introduction Of tes-
timOny was commenced at a late hour.
Justice Wright announced there
would be no session OF the trial to-
morrow. Testimony will be resumed
Monday morning.