The Washington times., 1911-06-07
M|LLERS COUNSEL
GIVES OUTLINE Of
PLAN OF DEFENSE
Shows How He Proposes to
Meet Charge of Destroy
ing Books.

John Barton Miller alleged embezzlcr
| OF $l35,000 as secretary-treasurer of the
defuEct First. Cooperative Building AS
sociation of Georgetown, began his de-
tense this afternoon in Criminal Court,
No !. following the closing of testimony
for the Government.
Miller's relatives and friends are rail-
lying to his support to give testimony
In his behalf. Two days may be re-
qutred to submit all of the evidence
for Miller, delaying verdict until early
next week.
Justice Wright today overruled Mil
ler's motion, presented by Attorney
Henry E. Davis, to quash the indict-
ment charging him with destroying and
| concealing books IF the company. He
declared the indictment technically
sufficient, and leaves Miller's guilt or
innocence with the jury. Attorney Davis
sought to have this indictment with
drawn from consideration of the jury,
alleging the Government had no SUBJ
mitted evidence sufficient to bind Miller,
Laskey Opens for Defense.
Before the first witness for Miller was
examined this afternoon, Attorney John
z. Laskey presented the opening state
ment for the defense to the jury, outlin-
ing what evidence Miller expects to
give to prove his innocence and secure
an acquittal
Referring to the charge tnat Miller
secreted or destroyed the books, At
torney Laskey said the defense will
prove that the books were in the safe
June l6, 1905. when it was closed by
himself and Miss Martha Krumke. a
clerk. and that he never visited the Of
flee again.
Attorney Laskey said Miller left the
safe locked and that it was opended
June q by former President A. B.
jackson. The Government contends
combination of the safe, and that II
was not opened until July 2 by Presi-
dent Fleming. when the wrecked con-
dition of the association was disclosed.
Miller's Explanation.
Peculiar bookkeeping is Miller's an
swer TO the criminal charge, as explain
ed by Attorney Laskey. He said the
cash Miller received from transferred
loans was not entered by Miller up
on the cash book. because 1t did not
properly belong to that account, but
vas not lost to the company.
Attorney Laskey said many stoCkhold-
ers were demanding the return Of their
money. compelling Miller to satisfy the
abnormal demands by transferring
loans and beating checks to the bank
He said cash was frequently sent out
by Miller to the bank to meet checks
drawn for which there was no balance.
Government Rests.
Final testimon, for the Government
against Miller was given this morning. |
United states District Attorney VII |
son announcing that the Government |
rested its case at II o'clock
Before closing its evidence, the Gov |
ernment offered il evidence passbooks |
and deposit slips of the Georgetown |
company. Justice Wright received the !
deposit slips as evidence, but declined |
to admit tie passbCoks of the stock |
holders
All Of the deposit slips from Arril. |
1913. until the institution closed its doors |
are in evidence, purporting to prove |
never turned into the treasury OF the |
company. Prof Frisby. a member of |
the COmpany's auditing committee. was !
the last witness for the Government |
He gave detatls Of the opening of the |
safe July ,, 1905 when only few pen
mics and 'nimportart papers were found |
Of the assets reported on hand by Mill
Ter.
Receiver Testifes.
N. z. Ambrose receiver Of the COM
rany. aud his attorney. is. Easily
Smith. testified against Miller this
telling of their receipt of only
about S95. .O00 of the reported assets of
s"12.' Of the company.
Mr.. Ambrose said he made careful
and exhaustive bur unsuccessful search
for the missing books and records of
the company.
''7hev never came into nv hands ard
have not the SLIGHTEST idea what be-
cara Of therl." said Receiver Ambrose.
How the loans issued by Miller were
traced at the office of the Recorder of
Deeds and some sal"age made for the
of the concern. was given
n detail by Attorney Eashy-Smith.