Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-13
Judges Charge to Jury.

Justice Wright occupied about fifteen
minutes in explaining to the jury the
law of the case.
Three instructions asked by the de-
fendant were allowed by Justice Wright
and only one of the governments re-
quests for instruction was granted.
The defendant submitted eleven prayers
and the ~overnment requested five In
structionS
In order to find Miller guilty. the court
instructed the jury, of the embezzle-
ment of the money described in either OF
the two counts Of the indictment, 1t must
find from the evidence that he converted
the same to his own use or fraudulently
made way with or secreted the same
with the intent to convert 1t. 1t VIII
not suffice, the court said, for the jury
to merely find that he may have failed
to his own use or made way with or
secreted other and different moneys of the
association received by him.
At the request of the defendants coun-
sci the court explained the laws pre-
sumption of innocence which surrounds
the accused and which must be overcome
by testimony establishing his guilt beyond
a reasonable doubt. He also explained
that the burden to prove his innocence
did not rest on Miller, but IL is the
province of the prosecution to prove him
guilty beyond a reasonable doubt.
May Disregard IeSLlmouy.
At the request of the government, the
court told the jury that if 1t should find
that any witness has knowingly made a
false statement as to any material fact
IN the case it is at liberty to disregard
his testimony entirely and that such
testimony should be given only such
weight as the jury thinks 1t entitled 10,
considered in the light of all other evi-
dence in the ease.
After The Stars report closed yes
terday the government in rebuttal call
ed to the witness stand A b. jackson,
former president of the association.
Mr.. Jackson told the jury that no pri-
vate papers belonging to the estate OF
the late Mr.. King, former treasurer
of the association. were kept in the
safe in 1908. Shortly after Mr.. King $
death, he said, the papers of the de-
ceased, which had been in the safe.
were sent by Barton Miller to the
widow of Mr.. King. in whose pos
session they have remained.
Did Not Have Combination.
Mr. Jackson positively denied that
he either knew the combination of the
safe or that he had opened the safe
at any time with the aid of memo
randum of the combination. The wit
ness declared that there was a great
need of the books in the later part OF
June, 1908, to make up the monthly
statements. and that he urged Donald
Miller to secure the combination from
his brother that the desired books
might be obtained. Failing in this. he
said. he had Mr.. Fleming. the presi-
dent. telephone to the home of Miller
with view of securing the combina-
ton.
1t was through the joint efforts of wit
ness, and Mr. Miller, according to Mr..
Jackson, that the combination was pro-
cured from Miller and the safe opened and
the absence of the books discovered
Attorney Daniel W. O'Donoghue was
the last witness offered by the govern
ment. He testified that he was present
at the meeting Of the stockholders prior
to the failure of the association. repre-
senting several stockholders. Mr.. O'Don-
oghue told the jury in contradiction of
the testimony of Miss Martha krumke
that Mr.. Miller did not favor the selection
of any one as auditor, but strenuously
opposed the proposition to have auditors
appointed.