Evening star., 1911-06-06
Witness In Miller Trial Tells of
Loan Transfer.
ACCUSED MAN GOT CHECK
Testimony Of Rev. zed II. Copp and
Edgar G. Blackman.
RULING BY JUSTICE WRIGHT
Testimony on Thirty Counts Of In
dictment In First Trial
to Be Admitted.

Testimony concerning the thirty counts
Of the Indictment charging John Barton
Miller. former secretary-treasurer or the
Cooperative Building Association, with
| embezzlement. upon which he was acquit-
ted at his first trial. will be submitted to
the jury by the government, as well as
testimony concerning the counts OF the
indictment upon which Miller was con-
victed and sentenced, according to
| ruling made today by Justice Wright in
Criminal Court No. i.
Justice Wright held the testimony to be
admissible as bearing on the second In
dictment for which Miller is being tried
the destruction Of the companys books
as supplying a motive for their destruc-
| ton.
The government does not expect to re-
| Introduce all the testimony, but just such
1 as tends to show the receipt of money by
money on the cash books or other records
Of the association.
Tells Of Loan Transfer.
| At the opening OF the session this
morning evidence was offered by Rev.
Zed H. Copp and E. c. Blackman to
sustain the two remaining counts in
1.-THE embezzlement indictment on which
Miller was convicted and sentenced
last year.
Mr.. Copp told the jury that he had bor-
rowed In $10O2 s. 900 from the association.
of which Miller was secretary. and had
regularly kept up his payments until
April, 1903, when the Indebtedness had
been reduced to $1,000. Miller. the wit,
ness stated. wrote him q letter at that
time requesting him to consent to 9
transfer Of the loan to the Perpetual
4 fofi inn nd a q
| reason the great demands made upon the
First Cooperative Association for with
| drawals.
Miller also informed witness In the let
ter that it would be great accommo'
| dation to the association il this were
done and that the expense incident to the
transfer would be borne by the assocla'
ton.
ler and after investigation consented to
the transfer.
The necessary papers were drawn UP
by Miller and witness, with the DEFEND.
ant. went to the office OF the Perpetual
Building Association and the TRANSACTION
was completed.
A check for s9594O was received by
Miller from the secretary of the latter
association in payment of the loan due
the Georgetown association, witness sald
No Record Found.
The government offered evidence to
show that this amount did not appear
upon the cash book. the only record
OF the association which has been found
since its failure.
Edgar c. BIackman testified to a sim
lilar transaction. no record Of which, the
Igovernment claims, appears in the cash
lbook of the association.
A legal battle was waged between
counsel when the next witness, A. A.
Murphy, was placed on the witness stand
Attorney H E. Davis contended that the
defendant having been acquitted at the
former trial Of the charge of embezZle-
ment that no evidence respecting the
transaction with Murphy could be re-
ceived.
Assistant United States Attorney Proc
tor informed the court that the evidence
Il was not to be introduced under the
charges OF which Miller had been &C.
Quilted but the testimony was desired
70 show a motive for the destruction OIL
the records of the association as charged
in the other indictment before the court
He assured the court that the trans
action was similar to those testlned to
by Copp and Blackman. and that no
record Of the receipt of the money ap-
peared in the cash book, and it would be
argued that it having been his duty to
note the receipt of the money there, and
not having done so Miller had not MADE
record of it in any other books, and that
the books had been destroyed to prevent
the discovery Of the alleged failure to
record this and other transactions.