The Washington times., 1911-06-13
VERDICT EXPECTED
a: IN BARTON MILLER
: CASE THIS EVENING
Fate of Alleged Embezz1er
Rests in Hands of
Jury.

Twelve men, locked in a room at tn,
City Hall this afternoon are consider
ing the guilt or innocence Of John Bar
ton Miller, alleged embezzler OF $135, ,O0
from the wrecked First COOPERATIVE
Building Association of Georgetown.
Shortly after o'clock, in Criminal
Court, No. /, the case was given to the
jury, closing Miller's second trial on the
anniversary OF his former trial last
year. A verdict is expected from the
jury late this afternoon.
Lengthy instructions to the jury by
Justice Wright marked the finale OF
Miller's trial. following four hours Of
argument today by attorneys for Miller
and the Government.
This morning at 10:15 o'clock, Assist
ant United States District Attorney
James Proctor opened the arguments of
counsel, the prosecution and defense be-
ing given two hours each for analysis
of the evidence to the jury.
Criminal Court, No. ], was jammed
with spectators during the arguments
this morning. Every seat and point OF
vantage in the atsles of the court room
was packed solid with the crowd.
Among the throng1 were a score of wit
nesses, former directors of the defunct
company, and several stockholders who
lost their entire sayings of years. A
half dozen women were among the
crowd, but the wife&of the defendant
was not present.
Miller Takesf Notes.
Miller made rapid nones of arguments
of Assistant United States District At
torney Proctor, prompting his attorneys
as to refutation of theI statements of
the prosecution.
Branding of Miller as, an "embezzler
and petty swindler in addition was
objected to by Millers attorney Henry
E. Davis. He frequently objected to
statements of the prosecution, denying
the evidence warranted assumptions de-
clared by attorneys for the Government.
causing frequent clashesab between coun-
sci.
Attorney Proctor declared the undis-
puted evidence introduced, regardless of
disputed facts, showed Miller clearly |
guilty Of embezzlement.
Attorney John E. Laskey followed At |
torney Proctor. making the opening ad-
dress to the jury for the defense. Mr.. |
Laskey said the bookkeeping of the |
Georgetown company did not require |
Miller s enITy OF lIle SOpp anu DldSh-
man notes in the cash book, but in !
other accounts, Of whichEthe records are
missing.
Attorney Henry E. Davis made the
closing plea for Miller this afternoon, |
declaring the Government had utterly |
failed to prove Miller guilty either of |
embezzlement or destruction of the COM
pany's books.
United States District Attorney Wilson /
made the closing address for the Gov |
ernment to the jury, being Followed by |
The instructions to the jury by Justice
Wright.
OF eleven instructions to the jury ask
ed by Miller only three were granted by |
Justice Wright, who also denied four
of five special instructions' requested
by the Government.
History of Case.
Justice Wright, following a decision
of the District Court Of Appeals in
granting Miller new trial last April,
refused an instruction asked by Miller
that he could contend that he was not
guilty of embezzlement on the ground
that the stockholders were his co-part-
nerS.
At Niller's former trial last spring he
was convicted by jury and sentenced
bv Justice Stafford to twenty years in
the penitentiary, the District Court Of
granting the present new trial
on the ground that Justice Stafford had
made erroneous instructions to the jury
prejudiciaT to Miller.
Since his conviction last year Miller
has been at liberty under heavy bonds,
and engaged in real estate business Ill
the Oxford building. J.