Evening star., 1911-05-31

On the anniversary of the commence
ment Of his first trial for alleged en-
bezzlement Of the funds of the First
Cooperative Building Association Of
Georgetown, of which he had been sec
retary-treasurer, John Barton Miller to-
day faced jury in Criminal Court No.
before Justice Wright for a retrial on
two counts Of the alleged embezzlement.
and on another Indictment charging him
with the destruction of the company's
books.
The regular panel Of jurors was ex-
hausted before a jury was secured, and
Justice Wright directed the summoning
of fifty additional talesmen. from which
it is expected the jury may be COM
pleted tomorrow.
The first legal proposition presented was
a technicality advanced by Attorneys
Henry E. Davis and John e. Laskey for
the defense Counsel asked the court TO
allow the defendant to exercise twenty
peremptory challenges instead OF the
usual number of ten. The contention for
the increased number OF challenges Is
based on the fact that the trial about to
begin is on two indictments, charging
separate and distinct offenses. Millers s
attorneys expressed the opinion that they
should be. allowed ten challenges in each
case.
Court Reserves Decision.
Justice Wright declined to pass on
the question until the time arrived to
raise the point. which would be after
the regular ten challenges have been
exercised.
The twenty-six men who constitute
the regular panel were examined as to
their qualifications today. Eleven OF
the number had formed an opinion Of
the guilt or innocence Of Miller and
were excused. The defendants coun-
sci used up four challenges, which left
only eleven men in the box The gov
ernment expressed itself as content
with the jury throughout the impanel-
ing.
10 complete the jury Justice Wright
ordered fifty talesmen for tomorrow
morning. This number is looked on as
sufficient in view of the fact that the
prosecution is not exercising its chal-
lenges. Should the court allow Miller
the additional ten challenges the same
privilege would have to be given the
prosecution. and II the latter should take
advantage Of its right it would be neces-
sary to summon another venire.
Accused Early in Court.
Miller was the first man to arrive in
Criminal Court No. this morning, reach
ing the courtroom about $50 O'Clock. He
greeted his counsel on their arrival. and
throughout the examination Of the jurors
evinced great interest in the selection
OF the men who are to pass on the
charges against him.
MilIer,s first trial was begun May 81,
1910. and occupied about two weeks. A
verdict Of guilty on two of the thirty
three counts OF the indictment, which
charged embezzlements In the aggregate
of $133 600. was returned. The amount al
two counts Of which the former treasurer
of the association was convicted was ST.
739 81. Justice Stafford, who presided at
the first trial. sentenced Miller to serve
ten years in the penitentiary on each OF
these two counts. making an aggregate
punishment of twenty years
On appeal the District Court of APP
peals reversed the judgment, set aside
the sentence and awarded Miller a new
trial.
United States Attorney Wilson and
Assistant United States Attorney Proc
tor. who are conducting the prosecution.
secured the consolidation of the embeZ-
element charge with the indictment
which alleged Miller made away with or
secreted the books Of the company. which
the government claims contained evil
dence that would have assisted the pros
ecution.
AS the government has summoned only
nineteen Of the witnesses at the former
hearing, 1t Is expected the present trial
will be concluded by the end of next
| week.