Evening journal., 1916-12-21
COLD MINING Case
Draws TO A Close
Continued from First paraN

Continued from First Page)
Charles F. Curley concluded his argu-
ment at 11.3O o'clock this morning,
having spoken an hour yesterday af-
ternoon and another hour this morning
and vas followed by former Judge
J. Frank Ball, Of counsel for Miller.
Henry A. Wise, OF counsel for McCune,
will follow Mr.. Ball. The charge TO the
jury will probably be given and the
jurors will then retire to consider their
verdict.
Mr.. Curley, speaking for the prose-
cution, declared that there wasn't any
evidence presented to show that there
were any gold fields in Peru and ask
ed why, il there was gold there. those
Interested didn't go down there and
get It? He said that no evidence
was presented TO show that John J.
Raskob and those others who were
interested in the exploration expedi-
ton we're victimized by Miller; that
they went into tho grub stalking"
scheme with their eyes open. Mr..
Curley said ~ the prosecution wac
concerned wah the people who were
victimized afterwards. In abiding
TO the conspiracy charge, Mr.. Curley
stated that usually conspiracy must be
proven by circumstantial evidence.
but that in many cases circumstantial
evidence Is more effective than direct
testimony.
Mr.. Ball made an eloquent appeal
on behalf of his client, urging the
Jurors to look upon the case from a
business standpoint and declaring
that he was not apepallng to the
jurors sympathies Mr.. Balls line
Of argument was to the effect that
Miller was innocent Of any intention
of wrong-doing and that the other men
interested in the promotion of the
gold field companies were conversant
with practically everything Miller did
in connection with the scheme.
Continuing HIS testimony in the case
yesterday afternoon. Miller said
that there was nothing 20 pre-
vent the directors of the Peru
Gold Placers, Inc, from sending
an engineer to Peru late in the year
1914. and that none was sent until
1915. He identified additional letters
which had passed between John J. Ras-
kob and himself Under date of June
1914 Mr.. Raskob stated that he would
not care to part with his holdings oil
Peru Gold Placers. Inc, stock for less
than $4,000, according to a letter
read
It was stated by Miller that he had
suggested $10,0000O0 as the amount
for which the Peru Gold Placers
should be Incorporated; that Judg,
David I. Marvel had named $4,000.
900 as the amount, and that he thought
the proposal to capitalize at $50. 600.
900 came from Mr.. Raskob.
Miller testified that he had offered
TO buy Mrs. Metcalf's stock. which sh,
had purchased from McCune, for dOu
BILE what she had paid for Il. n,
said that at the time he was willins
and able to put the transact ,or
through. Mrs. Metcalf did not accep
the offer
Robert Miller the defendants son
took the stand early IN the afternoon
session. He testified that he, hi
father and his friend. Porter HOag
q land went TO Peru in May. 1913: tina
! DO was a stockholders In the Peruvian
] Exploration Company. owning fv
I shares. the value Of which was $50
/ Miller aud Hoagland went to the CAM
on the goal fields and Miller made
-eport concerning the gold fields, frs
verbally, then in written form. Boil
reports were identical, witness said.
Another trip to the gold fields wa
made in January, 1914. by Miller. VIII
stated that his second trip to tn
country was taken with the intention
of remaining on the gold fields 70
three or four years. learning the min
ing bus ness and PREPARING himself L
assume charge Of the New York OF
! fee of the company. The witness wa
on the stand Onlv a few minutes. Fl
was dismissed without crOss-examina
ton at the hands of United States Dis
trict Attorney Charles F. Curley.
Porter Hoagland was called to ties
tifv that ne had Dever intlmated 20 MI
Miller that any report he had mad
on the gold fields was false
At o'clock Former Judge J. Fran
Ball Of counsel for Miller. announces
thai his clients defense was in
Henry A. Bowman was recalled .
the stand by the prescott on to ex
plain about the 81 600 which Miller al
legged Bowman had received as com
mission for the sale OF Peru Col
Placers stock he had underwater
The witness stated that he had turne
/ the matter OF the sale Of the stock owe
to a man he wished to assist and tina
this third party had received ever