Evening star., 1944-03-06
Miller Denied
Bail Extension,
Sent 10 Jail
Pleads Not Guilty at
Arruignment;; Trial
Set for May IS
picture on Page AL

Virginia refused to continue his
$4,000 bond. The date of trial
was set for May is.
Arraigned before Justice Moore,
Miller pleaded not guilty in strong
voice, while his wife, who had diff
Guilty finding a seat in the crowded
courtroom, covered her eyes.
In 45-mniute argument over
of bond, Defense Attor-
ney H. Mason Welch attacked vile
remarks in the newspapers" and
brought in the names of the late
Justice Wendell P. Stafford, as we'll
as Chief Justice Edward C. Eicher
and Justice F. Dickinson Let's, to
back up his contention that Miller
was respected citizen whose con-
tinuance on bond would do no harm
to the community.
Assails Newspapers.
1--WE seen rather vile remarks in
the newspapers" Mr.. WEIGH said.
The newspapers have chosen to say
that this court and the district at
torney's Office are afraid to crack
down on Bob Miller. What do they
mean crack down? It's not a oues-
ton of cracking down. It's a mat
ter of the administration of JUS
tice.'
Rising to protest as soon as AS
sistant United States Attorney
Charles B. Murray recommended
that Miller be committed to Jail,
Mr.. Welch spoke first Of the kindly,
learned, dignified, conservative JUS
tice Stafford He said a picture
Of Justice Stafford on the wall of
Miller's law Office is inscribed with
a reference to Miller's geniality and
Mr.. Welch pointed out that Justice
Moore came from abroad" and
didn't know the defendant per-
sonally as did all the judges in this
jurisdiction. He pointed out that
both Justices Let's and Eicher had
allowed Miller to continue on bond.
There's no law against it," Mr..
Welch pleaded. There's policy, but
what is policy except the judgment
as it is given to those in adminLs-
trative Office to decide, case for
case. what should be done"
Cites Case in 1895.
Mr. Welch argued that until this
unfortunate event" Miller had never
harmed any one, and he added that
the circumstances which precipi-
tated the Staying seldom occur
twice in any life" He apparently
referred to the alleged relationship
between the slain psychiatrist and
Mrs. Miller
When Justice Moore interrupted
to ask Mr. Welch to cite precedent
for permitting bond after a first
degree murder indictment in this
jurisdiction. Mr.. Welch cited the
Stanton case in 1886.
Donald K. Stanton. jr., who
pleaded self-defense to first
degree murder charge. remained at
liberty under $4,000 from October 9,
1886, few days after he was or
dered held by coroner's jury, until
March, 1888. when he was con-
victed of second-degree murder and
sentenced to life imprisonment for
the Staying of Ray E. Childress.
The defense attorney added, how
ever. that precedent was not a very
accurate guide, since in 90 per cent
of the cases the defendants were
not in a position to make bond,
many of them have known criminal
records, and they are not usually
people who are we'll established in
the community.
Before deciding to commit Miller
to Jail, Justice Moore asked what
facilities were available at the jail
to give Miller medical attention.
Miller's health had been responsible
for delaying the arraignment.
Justice Moore was informed by
Mr.. Murray that the practice is to
transfer prisoners in need of medical
attention to Gallinger Hospital,
where they are kept under police
guard The justice then announced
he felt this was not a case in which
precedent should be established for
allowing bail. He added that "the
so-called precedent" was not analo-
gouS. and pointed out that Miller
could be suitably cared for at the
Jail.
Taken to Jail in Private Car.
Miller was taken to the Jail in a
private car, although the customary
procedure is to carry prisoners in
the marshals van.
E. A. Green, Jail superintendent,
said Miller would be given a med
ical examination, usual procedure at
the Jail, and if his condition war
rants it, will be lodged in the jail's
infirmary. He said Miller will not
go to Gallinger unless he requires
an operation.
Justice Moore. it is now apparent,
will hear the case, since he set the
date of trial for his own return from
West Virginia. 1t has been reported
that the judges in this jurisdiction
would prefer not to hear the case.
Miller came to court directly from
Garfield Hospital, where he had
been patient since Friday morn
ing. He was accompanied by his
wife and his older brother, Fred
Miller While Mrs. Miller tried to
find seat, Miller walked through
the courtroom alone to the drinking
fountain, took a drink and then
strolled over to the counsel table,
where he pulled out a pamphlet on
methods of voting by members of
the armed forces. which he glanced
through until Justice Moore entered
the courtroom.
AS he walked briskly through the
District Court corridor to the court
room, lawyers and court attaches
who crowded the corridor reached
out several times to shake hands
with him and wish him tuck.
Bulgarian Peace Bid Denied
STnCKHn Nfor nm