Evening star., 1944-05-16
Miller Jury Due
ToBeConnp|eted
By Noon Today
Second Panel Called
After 2 Women and
9 Men Are Seated

The jury in the trial of Robert I.
Miller for flrst-degree murder was
expected to be completed by noon
today from among a second panel
of veniremen called late yesterday
by visiting Justice Ben Moore Of
Charleston, w. Va, in District
Court.
Nine men and two women had
been seated tentatively when the
session was resumed today. Eleven
talesmen had already been elm
inatd by the defense and 10 by the
Government through the use of
peremptory challenges. Each side
is granted 20 challenges in a cap
ital case, thus allowing the dis
missal of 20 prospective Jurors
without specific reasons.
Fifty in First Panel.
Seventeen members of the first
panel of so were discharged from
service yesterday by Justice Moore
and Is had been excused from, the
second panel when court was ad-
Journed. Justice Moore asked the
prospective jurors a separate ques-
t1ons previously submitted by coun-
sci for both sides in an attempt to
discover which should be dis
missed because of possible preju-
dice.
Seventeen of those excused. in
cluding a number of women, were
released from service because of
conscientious scruples against cap-
ital, punishment. The others were
discharged because they admitted
they had already formed opinions
as to the guilt or innocence of the
defendant or that they were ac-
quainted with some OF the prin-
c1pals in the case and felt such
associations would influence them
One of the prospective Jurors was
especially outspoken. When Justice
Moore asked the second panel
whether there was any reason any
OF them felt he or she could not sit
on the case, Mrs. Gertrude RYAN
Waggaman, A, of 709 Tuckernaan
street NV, got up.
I think the wrong one was shot"
sne said. She was excused.
Miller Sits Patiently.
Aside from this single episode, not
single dramatic moment marred
the calm, orderly fashion in which
the jury was being selected yester-
day. Miller himself sat patiently
through the long ordeal, keenly
watching the proceedings, OCCASION
ally leaning over toward his attor-
neys to offer a word of advice
cleaned from his long career as a
Police Court lawyer.
Several OF the questions, asked
by the court and submitted earlier
by defense counsel, indicated that
an insanity plea was definitely be-
ing considered. The prospective
jurors were asked whether they had
any fixed ideas as to the defense
OF insanity" in a homicide case.
They were also asked whether they
had ever been connected with an
institution for the mentally ill, had
ever cared for insane persons or
had relatives or friends in st. Eliza
beth's Hospital.
They were also questioned as to
whether they would lend the same
credence to testimony of psychia-
trists as they would to that of other
witnesses.
Familiar With Case.
Most of the jurors admitted thew
were familiar with the case from
newspaper accounts, but few of
them said this would influence their
verdict.
If selection of the jury is COM
pleted today and opening argu-
ments OF counsel are heard, the first
witness for the Government NAV
take the stand this afternoon.
Assistant United States Attorney
Daniel B. Maher, who is prosecut-
ing the case with Charles B. MUIR
ray, said the first witness to take
the stand would be Peter Greco. a
deputy marshal. He will be fol-
lowed by 1t. Horace A. Lineburg
OF the Metropolitan Police DEPART
ment, Harry Harth, an attorney,
and William H. Starnell and Mrs.
Alice M. Latham, Woodward & Lo-
throp department store employees.
Many of the SO Government wit
nesses who have been summoned
were supposedly in the vicinity of
Eleventh and G streets NV. on the
afternoon of February 81, when DR.
John E. Lind, senior medical officer
at st. Elizabeth's Hospital, was ia
tally shot while sitting in his auto
mobile. Miller was arrested i'm
mediately after the Staying. His
wife, Mrs. Marguerite Miller, was In
the car with DR.. Lind when the
shooting occurred.