Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-14
TOTAL OF q YEARS
Penalty Possible in the Case
of J. Barton Miller.
HIS SECOND CONVICTION
Declared Guilty of Embedding
Building Association Funds.
ALSO OF DESTROYING RECORDS
Counsel Preparing Appeal to Higher
Court-Defendant at Liberty
on $4,000 Bond.

John Barton Miller. former score
tary-treasurer of the defunct First
Cooperative Building Association of
Georgetown. was convicted last even
ing by jury in Criminal Court No.
of the charge OF embezzlement. The
conviction is the result OF second
trial on the charge and the verdict
was rendered on the anniversary of
the former conviction. almost to the
very hour.
verdict Of guilty as indicted was
also returned against Miller on the in
dictment charging that he destroyed
the books and records OF the associa-
ton, which according to the prosecu-
ton contained evidence that would
have aided the government in proving
the embezzlement charge. This was
the first trial of this additional in
dictment
Penalty Prescribed by Law.
The maximum penalty provided by
the code for the destruction OF valuable
records is seven years in the peniten-
tiary. Should Justice Wright adopt the
action Of Justice Stafford and give Mil
twenty-seven years Imprisonment
stares the former treasurer in the
face.
II the maximum penalty be imposed
and the Court of Appeals not grant a
third trial. the new trial allowed by the
Appellate Court will have cost the de-
PENDANT the difference between twenty
years imposed by Justice Stafford last
year and the maximum Of twenty-seven
years.
Attorneys Henry E. Davis and John E.
I4askey, for the defense. are engaged to-
day In reviewing the record Of the trial
in preparation of a motion for A new
trial which will be filed by them before
the end of this week. Miller is at lib
erty on a bond for S15.OW furnished by
George w. Ray of Georgetown, pending
the action Of Justice Wright on the APP
plcation for another trial.
Jury Out Three Hours.
The jury retired little before o'clock
yesterday. and Miller, with few friends.
went to dairy lunch On his return
he stood in front of the city hall and
talked with friends and his attorneys.
Just before o'clock word was received
that a verdict had been reached. and
Justice Wright was notified.
1t was twenty minutes after O'Clock
when Justice Wright took his seat on
the Dcncn. AS the jurors dppcdIcu -Niii.i
scanned each face, and as the words
Guilty to both indictments were spoken
tears were in his eyes.
No exception was taken yesterday by
counsel for the defense to the charge OF
Justice Wright to the jury. This is
noticeable in view of the fact that GER
tain language used by Justice STAFFORD
formed the basis OF the action OF the
Court of Appeals. which granted the new
trial that came to a close last evening.
No Exceptions Noted.
When Justice Wright had concluded
his charge he notified counsel that the
time had arrived for noting exceptions
before the jury retired. Attorney Davis
promptly replied: I'VE have no excep-
tions to make. your honor"
United States Attorney Wilson and his
assistant. James NJ. Proctor, who con-
Quoted the prosecution ut both trials OF
Miller, are today being congratulated on
their double victory.