Evening journal., 1916-12-19
nILLER'S DEFEASE
IS Good Faith
Says He Undetwrote Stock
for Himself III Peruvian
Gold Mines
DENIES CHARGE
OF CONSPIRACY

Charles S. Miller. one OF the defend
ants in the alleged gold mining swind-
ling case being tried III the United
States District Court, an which Raymond
McCune is the Other defendant, began
his defense this morning. From state
ments made BY Aliller's counsel, former
Judge j. Frank Ball, in his opening to
tte jury, il was learned that Millers
defence win be that he was not guilty
of conspiracy and that anything he did
in relation to the proposition was done
in good faith
While tho indictments were cOnsoli-
dated and evidence for the government
was pre.ented against both defendants
a. once, the defence of the two defend
ants is being put in separately.
McCune's case was ended soon after
court opened this morning. after which
Judge Ball outlined his defence. Nh.
Bali stated thrt his client was not con-
cerned with the value OF the gold claims
in the NIaranon river country nor even
whether gold had been found there or
not. He stated that Miller went into
the gold nj ing proposition the saino as
John j. Raskob, David T. Marvel and
others, expecting that it would result IN
his making money, and Mr.. Ball said
his cliert invested more money IN the
rlan than all the other investors put
together.
Mr.. Ball added that McCme presented
his Peruvian exploration scheme TO Mil
Ter and offered Miller IA per cent. OF his
$40 900 worth Of stock when he should
realize it., if he wonld finance the explor-
ing trip. Miller and his partner, Mr..
Bassett, decided 10 finance the proieci
for the IA per cent. commission.
Then Mr.. Ball said he was prepared
TO show that Miller came to Delaware
from New York to visit his apple farm
in this State, suggesting to McCune
that he accompany him. II being pos
sibIe that some Delawareans might
show an interest in the scheme. On
the way to Delaware. Mr. Ball said.
Miller and McCune stopped over night
at the home OF Miller's daughter in
Philadelphia, and that Miller's son-in-
law evinced an interest in the scheme
to the sum OF $500, and told the two
that he thought he might be able to
interest a friend who would be willing
to invest $4,000.
Then Mr.. Ball. continued, Mr.. Mar
vel was met on a railway train, ano
| Miller. heing acquainted with him, IN
troduced McCune. who explained his
plan. Mr Marvel grew Interested ant
later invited McCune and Miller Il
come to Wilmington and meet Mr
: Raskob. This was done. Mr.. Ball said
i and this meeting with Mr.. Raskob re
suited in a meeting being called a
5 which several financ.ers were pres
ent. The Peruvian Exploration Com
J, pany was organized later. Miller IN
{ vested heavily. Others put IN thei
o Mr.. Ball continued that Miller an
= his son. Robert Miller, went to Peru
5 but owing 10 Miller's age the latte
l. decided TO follow the advice given hir
e that it would be dangerous 10 nj
t health to venture into the Marano
river country, so he remained IN Lima
!. NcCure. Robert Miller and Porte
h HoagIand went TO the camp. re'
a davs later McCune was brought bac
,- 10 Lima suffering with fever. Whll
n NcCune was recuperating at LIN;
4 Miller explained 20 MIN plan the d
rectorg had formed for the organiza
n tion of the Maranon River Placer
: Inc 10 which McCune expressed hin
- self az satisfied with any plan IN
" directors might make.
: Then Miller returned to New for
and the reports about the gold held
beqan coming in. Mr.. Ball said tha
=. NTillers son corroborated everytn n
+. obtained in McCune's report; th'
=, porter Hoagiand said the same IN nj
and that when McCune's report can
along Miller was thoroughly COZ
-, ,,;nced ~ the value of the propert,
and fhe Peru Gold Placers, Inc. wa
. brought into being. So conhuei
NJ fhe value OF the gold fields was Il
a. client. Mr.. Ball said, that ne unue
wrote" a large amount OF the stoc
in the new company, or agreed 10
resnonsible for its sale 20 the eNtel
~ that n he did not effect its sale
i; would be liable for the money
- ranresented less the commission.
MIR Ball declared that he wou
show that his client was not guilty.
tho charge of conspiracy ana IN
everything Miller did in the matV
NJ issue was done in good faith.
Y After publicly expressing MS q
] siro IN take the witness stand on d
own behalf as the law requires
g., government cases of the k'nd, MIL
~ hegan the presentation OF evidence
ol his own behalf at 11.50 o'clock.
', The witness testified that MeCul
" visited him in his offices in the Wnli
y. hall Building, New York, and told
- his discover es IN Peru ana OF MS O
=. sire TO further explore the COUNT
~ witness stated that McCune told HI
~ he needed 900 TO pay the expeni
-s of the trip; that he had put the propo
ton of organizing Z company up 10
other party who had arranged for
~ accumulation Of $4,000 IN cash, b
'9' could not seem to get any furth
l.. Miller told how he and his partr
w wue had determined TO form the $1,000
on company under the conditions as
e forth by former Judge Ball In
ns openinS address. The agreement
Sn tween McCune and VI ller-Frank
a. Company, the defendant Mile
M ~ company, was placed IN evidence a
an read.
az az Miller testified that after the form
81 ton OF the Peruvian Exploration CO
90 pany the directors voted to place $.
~. 600 OF S5l 900 subscribed for expen
90 at McCune's disposal, and that
money was placed in his hands
- treasurer. Miller testified that WI
ne ! Mcclure left for Peru he carried "
him $4,000 for the purpose Of pay
his expenses down there, purchas
equipment. etc. Witness stated
the majority OF the members OF
n eoarc of directors of the compl
a were Delawareans.
y A lawyer in Peru was employed
f-,f- offnv tho spfaraafa ~ fine a