Evening star., 1944-05-25
Prosecutor Fihelly
Testifies on MiIIer's
Marital Difficulties
Says Defendant Twice
Asked His Advice
On Domestic Troubles
BY NORMAN A. KAHL.

First Assistant United States
Attorney John w. Fihelly testi-
ned In District Court today in
behalf of Robert I. Miller,
charged with first-degree mur-
der in the shooting of DR.. John
=. Lind last February 21.
Mr.. Fihelly, who as chief Of the
criminal division of the United
States attorneys office Is response
BILE for the prosecution Of Miller
said the 67-year-old attorney came
to him twice for advice regarding
his marital difiiculties with Mrs
Miller.
Mr.. Ffhelly advised Miller, he adj
nitted, to talk the matter over with
DR.. Lind and to tell the psychiatrist
that he was going to see DR.. Win
fred Oyerholser. superintendent of
st. Elizabeth's Hospital, where DR..
Lind was chief medical officer.
always Superoptimistic."
The first time Miller came to him
for advice, MIR. Fihelly said, he told
him:
Keep your chin up, Bob. Every
thing will come out all right"
Mr.. Fihelly said he knew Miller
for about Is years.
Before last summer he was ALWAYS
neat and immaculate in appearance
a well-dressed gentleman. He was
always superopmistic.
During the last eight to ten
months there was an appreciable
change to the opposite of the char
acter just mentioned. He became
unkempt and appeared in my Office
several times when he needed a
shave, His collar was often frayed
He was lean, haggard and worried. ;
The chief criminal prosecutor said
Miller's reputation for peace and
good order was ''the best
Cross s-Examination Declined.
Assistant United States Attorney
Charles B. Murray, directing the
Governments case against Miller
declined to cross-examine his su-
perior.
Another member of the United
States attorneys staff, George E
Mcneil, described Miller's detected
and depressed" demeanor since late
last summer. Mr.. Mcneil said Mil
Ter discussed the relationship be-
tween DR.. Lind and Mrs. Miller
many times in his presence and that
he offered some advice. He did not
say what he told Miller.
Mr.. Mcneil characterized Miller's
reputation as excellent"
Millers decline also was apparent
to Joseph N. Sanford, chief proba
ton officer of the Municipal Court
according to testimony. Mr.. San
ford said Miller changed from a
cheerful, jovial, progressive attor-
ney to man upset and even sullen."
Miller, he said, became increasingly
nervous and was seen incessantly
lingering his hair, his tie and his
coat.
Lewis O'Connor, another attor-
ney, said he got the impression late
last year that Miller was "a little
Off" He said he would not like to
go so far as to say he was of un-
sound mind.
What do you mean you wouldn't
want to go so far?" Justice Ben
Moore asked.
Il wouldn't want to sit up here
and say a man is crazy" Mr.. O'Con-
nor replied.
But you are asked to tell whether
you believed he was of unsound
mind" the jurist said
Then I'm afraid will have to say
he was"
George X. Boden Testifies.
The defendants change in ap-
pearance and manner was also noted
by another lawyer. George K. Bo-
den, who said he had known Miller
for 10 years.
AS his friends followed one an
other to the witness stand. Miller
leaned forward in his chair and dis
played an intense interest in their
testimony. Since the trial began a
week and half ago, the white-haired
defendant has never been seen to
smile. Once or twice today his eyes
lighted up as witnesses told of his
genial disposition during the years
before last July, when he contends