The Glenwood post., 1924-11-27

The criminal case of the People vs..
M. l.. Miller and R. A. White, which
was tried in the district court for sew
eral days, was completed Tuesday
night after the Attorney arguments
to the jury. After short time the
jury brought in sealed verdict
which was that each Of the defend
ants was guilty on each of the four
counts in the charges, the misappro-
priation being $4,s5s.92 in each count.
G. A. Irwin and VIM. A. Bryans, Jr..
of Denver and VIM. Noonan Of this
city, attorneys for the defendants,
White and Miller, were granted fif-
teen days in which to file motion
for new trial.
The defendants left on No. 16 We'd
nesday for their homes in Denver, be-
ing released on a $4,000 indemnifying
bond and being put in charge Of three
Denver attor1lys, who were chosen
as undersheriffs with the understand
ing that they bring the men back
here the tenth of next month.
The information in the case Feoites
that NJ. IL. Miller, as constructing and
consulting engineer, during the carly
part of the tunnel construction, and
R. A. White, member Of the firm Of
The White & johnson Construction
company Of Denver, to whom was
awarded the contract for constructing
our water works system, conspired to
collect from the city Of Glenwood
Springs money under false pretenses,
in which illegal transaction Miller
and White were joint beneficiaries.
The second count states that tho de-
PENDANTS conspired by false pfetenses
to deceive the city into believing that
3O5S feet of the tunnel had been COM
pleted, this being at least 388 feet in
excess of what was actually complet-
ed. The third count charges that they
secured materials and induced the city
to pay for supplies mot furnished and
work not completed. Tue fourth
count recites that through said mis-
representations the defendants con.
spired, agreed and combined to de-
fraud said city of over 1900 which
pretsnses and Misrepresentation the
defendants knew ct the time to BE-
false.
Witnesses for the prosecution testi.
fled that after two months work, and
allowing for twenty feet detour the
number Of lineal feet of work complet-
ed in the tunnel did not amount to tho
number Of feet called for in Mr.. Mil
ler's estimates Of work which had
been completed. This testimony was
corroborated by the testimony Of Sur
veyor Trumbor whose figures showed
this to be true.
Considerable corrensopnence was Of
fered in evidence by both the people .
attorney and the defendants attor-
neys, some of this being between Mil
Ter and The White & johnson Con-
oeiuS1'oA company anu oOhc pceWccu
Miller and Tom Allen, who was en-
ployed by this firm as engineer. After
the defendants learned that Tom Allen
was not falling into their scheme to
defraud the city the following tele-
gram which was offered in evidence
was sent by Miller to the White &
johnson Construction company:
"sept. 8, 1928.
tWire Tom Aliens immediate
discharge or I will expose entire
tunnel dealings
"MMLER."
witnesses from different parts Of the
state, infhding the state mine in.
spector, testified to the competency
Of Tom Allen, and also to his good
character, while the defense attempted
to beittle Mr.. Allen and also Mayo,
W. g.. Mcdonald. Miller testified
that Mcdonald had, during the course