Evening star., 1911-06-07
Alleged Defect in ]. Barton
Miller indictment.
OvERRULED BY THE COURT
Outline Of Defense on the Charge Of
Embexzlement.
GOVERNMENT CLOSES IT'S CASE
Testimony Of Receiver for Building
Association Of Which Defendant
Was Secretary-Treasurer

Attorney John E Laskey this aft
ernoon outlined TO the Jury the de-
tense OF John Barton Miller. former
secretary-treasurer Of the First Co
operative Building Association OF
Georgetown. TO the indictments charg-
ing embezzlement of the funds OF the
association and the destruction OF the
company's books and records. Miller
Is being tried N Criminal Court No.
before Justice Wright.
The government closed fts testimony
this morning. and Attorney Henry d Da-
Wis. for the defense. moved the court to
quash the indictment which charged the
destruction Of the books on the theory
that the indictment did not follow In Its
phraseology the wording OF the statute
and did not alleee that by the destruction
OF the records the rights OF any person
were defeated. injured or altered"
Justice Wright overruled the motion
and held the indictment suficient.
The court said that while it would have
been better to have followed the wording
or the statute. yet the averments OF the
court that the books described in the In
dtctment were such that they could not
have been destroyed without defeating
injuring or altering the right Of another"
Outline Of Defense.
Attorney Laskey told the Jury the de-
Tense expected to disprove the statements
OF the witnesses for the prosecution that
Miller alone had the combination Of the
safe; that the proof would show that
among those who knew the combination
was Mr.. Jackson. former president OF
the association, who, counsel said. opened
the safe June "a, 1908. when Miller was
i'll at his home. Counsel explained the
size Of the books OF record OF the asso-
citation. and said the testimony would
show they never could have been kept
within the prescribed area OF the safe, as
the governments witnesses had testified.
Many OF the books were kept on open
shelves In the ONCE of the company.
counsel declared.
The defense TO the charge that Miller
appropriated the money received in settle
ment OF the Copp and Blackman loan 10
that the apparent discrepancy OF record is
matter OF bookkeeping; that because
the settlements did not appear as cash
deposits on the cash book the inference
was drawn by the prosecution that the
money was embez1led. Counsel said the
proof would show that the amounts in
question appeared in the columns des'g-
mated return OF advance" and Interest"
where. according to counsel. they prop
erly belonged.
Testimony Of Receiver Ambrose.
william e. Ambrose. receiver of the
building association. testified today for
the government Mr.. Ambrose narrated
to the Jury his actions as receiver. He
told them that upon his appointment he
started . search for the missing books.
and that while he had put forth untiring
efforts he had been unable to get any
trace OF the records. with the excep ton
OF the cash book. which has figured In
the trial.
Mr.. Ambrose testified that he had IN
examination made OF the records OF the
once Of the recorder OF deeds to ascer-
tain what were the assets OF the asso-
citation, employing a corps Of assistants
In the search.
It was disclosed. witness said. that the
assets Of the association as shown by
$4,000 instead OF $4,000. as stated by
Miller.
Attorney James g. Easby-Smith. couns
sel for the receiver testified as to the
details OF the search OF the records IN
which he participated.
Wife Testides In Miller's Defense.
The first witness offered by the de-
tense was Mrs. Mary K Miller. wife
OF the defendant. Mrs. Miller was
neatly attired In q light blue suit and
wore q light straw hat trimmed in blue
ribbons and red roses.
She testified that June 16. 1908. the de-
fendAnt came home i'll. They had planned
to take trip to her homo In Virginia
the next day, the wife said. but because
OF Miller's indisposition the trip had to
be postponed until June 10. The two in
tervening days. she said. Miller remained
in bed.
The visit to her home lasted until June
o. when they returned to Washington.
Miller she said. was apparently exhaust
ed on their return, and went to bed. Her
husband never left the house. she said.
until the middle OF August.
On cross-examination by United States
Attorney Wilson, Mrs. Miller was asked
how she came to remember the dates so
distinctly The witness with much ex-
preston replied: II don't think I will
ever be able to forget those days"
The next witness called was Miss Mar
tha Krumke. q clerk employed by Miller.
Miss Krumke was testifying when this
report closed.