Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-05-30
Miller Murder Trial
Judge and Attorneys
Will Confer Today
BY NORMAN A. KAHL.

ert I. Miller were to confer thi
afternoon with Justice Bel
Moore on the final instruction
to be given the jury before it i
sent out to deliberate on the fat,
of the 67-year-old attorney
probably late tomorrow after
noon.
Both the prosecution and the de
Tense formally rested their case
yesterday afternoon after the jur,
of II men and / woman was taker
to the police garage in the New
Municipal Center to examine thu
automobile in which DR.. John E
Lind was shot to death by Miller or
February 81 at Eleventh and G
streets NV.
Courts Closed Today.
Final arguments will begin tomor.
row morning, since courts are closee
today to observe the holiday. AS.
sistant United States Attorney Dan
lei B. Maher estimated 1t would take
about two hours altogether for the
prosecution to summarize its case
He said he would make the frs
appeal to the jury and Assistant
United States Attorney Charles B
Murray would conclude the argu.
ment.
Defense Counsel H. Mason Welcf
said he believed the argument.
would take virtually the entire day
The purpose of the conference to-
day with Justice Moore is tt
formulate Instructions on the law
satisfactory to both sides and pre-.
pare them so they may be presented
to the jury without delay directly
after final arguments have been
concluded.
Justice Moore told the jurors thew
were being shown the car not as
evidence in the case, but only 50
they woull be familiar with the All
tomobile in which DR.. Lind was shot
The jurors also were allowed to
study detailed map of Eleventh
street between F and G streets NV
before the case was concluded.
Johns Hopkins Two Testify.
Two local psychiatrists. asked by
the prosecution to attend a session
OF the trial last week to listen Ia
the testimony of defense phychia-
trist, were not called as witnesses
instead, two experts from Johns
hopkins Hospital in Baltimore tes-
titled for the Government yesterday
That they believed Miller was OF
sound mind when he fired the fata]
shots.
Three other psychiatrists had pre-
viously testified for the defense that
they believed the defendant to he
mentally unsound at the time of the
Staying. vac
Drs. Joseph Gilbert and Amino
Perreth of Gallinger Hospital. both
psychiatristS, were asked by the
government to assist the prosecu-
tors In cross-examining psychiatrists
Tor the defense, Mr.. Maher ex-
planned. He said they did not wish
TO testify as to Miller's mental con-
dition because both of them said
they had discussed his physical con-
ditlofl with him before the day he
killed DR.. Lind.
Mr.. WEIGH made a statement in
which he asked the jury to note
that the two psychiatrists were
present and available but were NOT
caiec by the Government.
Statements Stricken.
They are In the witness room
now" Mr.. Murray said, land are
available to either side" Justice
Moore ordered both statements
stricken from the record. He allowed
MI. WEIGH, however, to call DR.
Perretti.
did you hear part of the testi-
mony OF DR.. Schneider" MIR. WEIGH
asked. DR.. Antoine Schneider was
the first psychiatrist called by the
defense.
Yes" said DR.. Perretti.
did you discuss the case with Mr.
A Government objection
was sustained.
DID you then come to court as a
Government witness2" Mr.. WEIGH
asked. Again Justice Moore sus-
tanned an objection and the witness
was dismissed.
Pvt. Lind Last Witness.
The last Government witness WAS
Pvt. William Lind, son of the slain
man, who told of having lunch at
the Statler Hotel with his father
and Mrs. Miller last December %.
He said at that time Mrs. Miller told
DR.. Lind that her husband said he
was going to shoot the psychiatrist.
did you ever ride with your faith
er and Mrs. Miller in the automo-
bile?" Mr.. Murray asked.
YES" said Pvt. Lind.
did you ever see gum"
mo"
Justice Moore asked whether he
had ever seen white envelope,
oblong IN shape. The son said he
had not.
George Ganas, operator of the
Neptune Grill at las B street Sc,
said he saw Mrs. Miller and DR.. Lind
in his place at about 10 am. the
Saturday before the shooting. He
said Mrs. Martha Werner, who last
week testified for the defense she
had seen the couple in the restau-
rant between / and pm. on that
day, was not in the place herself
until 3 pm.
Hospital Workers Called.
Employees of st. Elizabeth's Hos
pital were called earlier in the day
by the Government to testify they
had seen DR.. Lind in the admins
tration building at the institution at
various times between 1870 am.
and $3.50 pm. that Saturday.
The jurors today were being forced
to spend another day away from
their families and under the super
vision of deputy marshals at the
Continental Hotel. They remained
isolated from other persons and
from newspapers.
Justice Moore yesterday expressed
his regret that 1t was necessary to
keep them confined over the hou-
day. but he said he believed the
case could be presented to them
late tomorrow. He warned them
against talking about IL even annopo