Evening star., 1944-02-29
Judge Refuses
Bench Warrant
For Miller
Doctors Report
Blocks Arroignment
On Murder Charge

TOAlldA IcQucSt 1OI CklC 1SSudIlCG
of a bench warrant to bring Robert
I. Miller into court for immediate
arraignment on the first-degree
murder indictment in the shooting
last week of DR.. John E. Lind, was
refused today by Chief Justice Ed
ward c. Eicher in District Court.
Justice Eicher's decision was based
on a report Of physicians represent
ing both the prosecution and the
defense, who examined Miller at
his residence this morning. DR..
Richard Rosenberg, deputy coroner,
declared that Miller's physical con-
dition was such as to make his
appearance in court for the next
few days extremely dangerous.
He added, however, he believed
the 67-year-old attorney would be
sufficiently improved by Friday to
stand arraignment.
Heart Test Awaited.
Miller was indicted Monday by
grand jury on a charge of first
degree murder in the shooting on a
busy downtown street corner of DR..
Lind, nationally-known psychiatrist
and senior medical officer at St.
Elizabeths Hospital. Mrs. Mar
guerite K. Miller, the attorneys
wife, sat beside DR.. Lind in his car
as her husband pumped two bullets
into the physicians head and chest.
The move to bring Miller into
court was instituted this morning
when Assistant United States At
torney Charles B. Murray asked that
q bench warrant be issued in the
case. Justice Eicher, informed that
DR.. Bernard Welsh, heart special
ist, was scheduled to make cardio-
graph which would indicate Miller's
heart condition, postponed action on
the prosecutions motion until 1890
pm.
Character Defended.
H. Mason WEIGH, one of Miller'S
attorneys, also argued that his
clients reputation as a respected
citizen in the community precluded
any attempt to avoid an appearance
in court as soon as his physical con-
dition permitted. He pointed out
that Miller has lived here all his
life and has been member of the
District bar for IS years.
DR.. Alexander c. Leonardo, Miller's
physician, told the court that his
patient was suffering from extreme
high blood pressure. Any attempt
to bring him to court, he said, would
be serious threat to Miller's health
and might possibly result in stroke.
Undue excitement at this time"
DR.. Leonardo declared, might have
serious consequences and indeed
prove an impediment to an early
trial of the case"
Preliminary moves toward can
collation. of Miller's $4,000 bail and
the issue of a bench warrant were
instituted yesterday in a conference
between members of the United
States attorneys office, defense
counsel, Chief Justice Eicher and
Justice F. Dickinson Let's. The lat
ter admitted Miller to bail last week
after a coroner's jury ordered him
held for grand jury action.
No Attorney Assigned Yet.
While District Attorney Edward
M. Curran has not assigned a trial
attorney to the case, Mr.. Murray
said yesterday he believed there was
good chance of its being heard in
court next month. The trial of Fred
c. Mergner, accused of Staying Mrs.
Charlotte w. Robinson last October,
has yet to be heard, but probably
will be delayed some time because
Defense Attorney Jack Burnett is
involved in a lengthy litigation now
in court. Mr.. Murray said DISPOSE
ton of this case would not affect
the Miller case one way or another.
Meanwhile, it is believed Mil
Ter will be arraigned in District
Court this week. 1t is customary
for persons indicted by the grand
jury on Monday to be arraigned the
following Friday, but defense coun-
sci is expected to ask for a post
ponement because of his health. If
he is brought to court he will ap-
pear before Justice David A. Pine.
If bench warrant had been issued
Miller could have been remanded to
Jail in the custody of the court, or the
presiding justice might permit him
to remain on bail after nearing ad-
ditional arguments in the case.