Douglas daily dispatch., 1927-03-05
.DAUCHERTY NOT
GUILTY; MILLER
|. Is CONVICTED

NEW YORK, March (P)-Co1onel
Thomas w. Miller was convicted to-
DAY of conspiracy to defraud the
government by jury which failed
to agree on a verdict on similar
charges against Harry M. Daugh-
erty.
The case against the former at
torney general was at once nolle
pressed. Miller, the alien property
custodian in President Harding's ad
ministration and prominent in or
ganization of the American legion
faces sentence of two years In
Atlanta penitentiary and $4,000 fine.
The, cleavage caused by the jury's
disagreement on Daugherty was
completed when United States At
! torney Emory r. Buckner, who twice
prosecuted the case, moved for
quashing of the indictment and found
Judge John c. Knox complaint
His voice, husky with emotion as
he vainly tried to smile, Daugherty
faced the court and said:
MAY it please the court, per-
haps I am taking liberty few
men could take. 1 am the only at
torney general, 1 believe except one,
that has ever been tried for felony.
am innocent of this charge, I am
grateful to the court for it's court
eous consideration during the per-
forn1ance of it's duty, which was not
easy. AS far as Mr.. Bucllner is
concerned, he has prosecuted me
most vigorously, but by reasons of
the motion he has made, 1 have no
complaint to make against him or
anybody else, because I never claim
ed rights that every other American
citizen should not be granted.
thank you all for your personal con-
sideration
They were the first words Daugh-
crty had uttered aloud in the court
room during the two trials Neither
defendant took the stand in either
case and at the second trial Miller
did not offer defense, claiming the
government had not proved its case
Nal S. Daugherty, washington
Courthouse, o., banker, grasped his
brothers hand and the two left the
court room. In another room,
few moments later, Harry Daugh-
orty broke into tears. He was COM
Iforted by friends He said he would
return to Columbus and take up his
law practice as soon as he recov.
cred from the strain of the trial.
Miller. seated near his wife, heard
the verdict without flinching. Mrs.
Miller did not reveal her emotions,
Miller's bail of $4,000 was continued
pending appeal Motions for new
trial will be made next Tuesday,
should they be denied it was in
dicated sentence may be imposed
then. The maximum punishment is
two years imprisonment and $4,000
fine I'm not through fighting,
Miller said, few minutes after the
verdict was given.
The coolness between Daugherty
and Miller noticeable during both
trials was more apparent after the
verdict They did not offer con.
gratulations or condolences in the
court room.
! Daugherty and Miller were charg-
ed with conspiring to defraud the
United States of their honest and
unbiased services in the sale of im>
pounded American Metal company
shares. 1t was alleged they re-
ceived part of a $441,000 fee paid
to effect the allowance.
Much of the evidence in the case
was the same for both Daugherty
and Miller The government called
witnesses whose testimony showed
that part of the fee had reached the
Midland National bank at Washing
ton Courthouse. Records which the
government contended would have
shown to whose account this money
was credited were burned by Harry
Daugherty.
In Miller's case $4,000 proceeds of
liberty bonds bearing serial numbers
of those paid as the major part Of
the Zee" were traced to his bank
ing and brokerage accounts.
The jury in the first trial set
new record for the federal building
by deliberating the case more than
65 hours That record fell during
the present trial, however, when the
jury stayed out more than 70 hours