Evening star., 1944-05-15

Delays Miller
Murder Trial
| Defendant DispIoys
Great Interest in
List of Witnesses
BY NORMAN A. KAHL.

&7AAox 10 W cCiCtb % jay Ava NAS
trial of Robert I. Miller. 67-year-old
attorney charged with the first
degree murder Of DR.. John e. Lind,
were delayed until this afternoon
when the trial began In District
Court today.
Fifty perspective Jurors and as
many Government witnesses packed
the courtroom and waited an hour
and 10 minutes after the scheduled
starting time before the proceedings
got under way.
Miller, appearing thinner than
when he was when arrested nearly
three months ago and with deep
lines etched in his face, strobe
briskly into the courtroom and took
his seat at the counsel table at
11:10 am. The police court lawyer
appeared to be in excellent physi-
cal condition, however, and took an
intense interest in the trial prelim-
inaries, conferring frequently with
his attorneys, H. Mason Welch, Jo-
seph B. McMenamin and James K.
Hughes.
Miller was brought from the Dis
trict Jail infirmary to the Municipal
Court building, where the trial Ii
being held, in United States Mar.
shal's automobile.
Studies Documents In Case.
From time to time, as he studied
documents in the case, the white.
haired defendant raised his pince-
lnaV offonhad ~ hi
broad black ribbon. He showed
great interest in the list of pros
pective jurors.
Opening of the trial was delayed
as defense attorneys drew up a long
list of proposed questions to be
asked OF the jurors. While the tales
men were excluded from the court
room, visiting Justice Ben Moore Of
Charleston, w. Va, and attorneys
on both sides, spent 80 minutes
studying questions submitted by the
Government and the defense.
Court was recessed at 1915 pm.
without a single prospective Juror
having been seated. Assistant United
States Attorney Daniel B. Maher
outlined the charge against Miller
and read OF the list of witnesses for
the Government. AS he read each
name, the witness was asked to
stand to be identified for members
of the jury panel.
Lind's Son in Courtroom.
Only one member of DR.. Lind's
family was in the courtroom this
morning. He was Pvt. William A.
Lind, son of the slain man. When
Pvt. Lind stood up, Miller turned
around sharply and stared at the
J soldier. Several other times the
!; defendant swung around in his seat
to study the witnesses as they re-
] sponded to their names.
. Except for witnesses, members Of
, the jury panel, attorneys and news
paper reporters, all spectators were
excluded from the first days ses-
sion. After the jury is finally Sc
lected, probably some time tomor-
row, the courtroom will be thrown
open to admit as many persons As
can be accommodated.
Among the observers present to-
day were Municipal Court judges
George Nelson and Nathan Mar
gold. A number of well known
local attorneys also were in the
courtroom for the opening session.
Mrs. Marguerite Miller, the de-
fendant's wife, who was seated in
DR.. Lind's car at Eleventh and G.
streets NV. on February 2l, the
day of the shooting, was not in
the courtroom today.
Miller's case probably will be
based on .self-defense, but ATTORNEY
WEIGH said an insanity plea was
mot out Sof consideration Mr.,
Welch said he intended to have a
conference late this afternoon or
tonight with Miller and Attorney
Hughes and McMenamin, also rep
resenting the defendant, to deter
mine the precise nature of the de.
fense case.
Miller Pronounced Fit.
Despite the fact that he lost
weight during his two-month stay in
the District Jail infirmary. Miller
was pronounced "in perfect physical
condition" by physicians sent to ex-
anime him, Mr.. WEIGH said. Mr..
Welch said he felt his client would
be able to endure the rigors of the
trial which, it is estimated, will take
about two weeks.
Miller's attorney said he intended
to call about dozen witnesses, in
contrast to the so who have been
summoned by Assistant United
States Attorneys Maher and Charles
B. Murray. The Government wit
nesses include members of DR..
Lind's family. police officers and
technical experts, employees Of
Woodward & Lothrop department
store and more than a dozen shop
pers who were near the scene of the
shooting.