Miller, Harry B.

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Judge Harry B. Miller Soundex Code M460

City Prosecuting Attorney circa 1927.

Chicago Tribune Obituary, Friday, November 6, 1936, page 22

Judge Miller, 15 Years on the Bench, is Dead

G.O.P. Jurist Succumbs at 52 after Operation.

Judge Harry B. Miller of the Superior Court, who had been on the Circuit Court and Superior Court benches for nearly fifteen years died last evening in his home at 320 N. Mason Avenue. He was 52 years old.

Two months ago, Judge Miller underwent a gall bladder operation in Augustana Hospital. His condition was reported to be improving until recently, when it took a turn for the worse.

Born in Chicago, Judge Miller was the son of a Methodist lay preacher who served in the Salvation Army. He learned to play the coronet by the time he was 12 years old, and, thereafter, until he grew to manhood, played regularly in one of the Salvation Army street bands.

Admitted to Bar in 1905

After graduating from the West Division High School he entered Lewis Institute, through which he worked his way. Then he entered a law office as a clerk, earning his living while studying at Chicago Kent College of Law. He was admitted to the Illinois Bar in 1905.

For several years, he served as western attorney for the Salvation Army in Chicago, moving to New York City in 1912 to take a similar position in the eastern headquarters. A year and a half later he returned to Chicago and enlisted in the Republican organization of Fredrick Lundin, then a rising power in the party.

In 1915, Judge Miller was appointed City Prosecuting Attorney, holding that position for seven years. He was appointed a judge of the Circuit Court to fill a vacancy in 1921 by former Governor Len Small. He served from 1921 to 1922 and then was appointed judge of the Superior Court, serving from 1922 to 1924, when he was elected to the Superior Court bench. He was reelected for the term ending last year (1935), when he was returned to office for another six year term.

Heard Many Important Cases

Judge Miller served in the Criminal Court for more than six years, and during that time presided over many important trials. These included The Dr. Alice Lindsay Wynekoop trial for the murder of her daughter-in-law, the John Scheck and Ross King police killer cases, the trial of Martin Durkin for killing a federal agent, and the racketeering murder case against John Rooney, Homer Barry, and Rosalie Rizo.

The last case, which resulted in life sentences for Rooney and Barry and a 25-year sentence for the Rizzo woman, was the first of its kind ever tried in the Criminal Court. The men, officials of the Handbill Distributors' union, were convicted of murdering a department store guard after the store owners had refused to pay more graft to them.

This case was carried to the Illinois Supreme Court as were the Scheck and King cases, but Judge Miller's rulings were upheld. Scheck and King were executed.

Judge Miller was one of the first judges to volunteer for service during the campaign against criminals in 1933, and he spent 13 consecutive months in the Criminal Court, giving up most of his vacation to help clean up the docket.

He served in the Divorce Division of the Superior Court for several years, presiding over hundreds of domestic relations cases. This experience made him an advocate of federal laws to govern marriage ties, arguing that only a uniform law in force throughout the country could remedy present chaotic conditions. Judge Miller also favored a law prohibiting persons who are physically or mentally unfit from marrying.

Since Judge Miller's term has another five years to run it will be necessary under the law for the governor to call a special election to fill the vacancy, or to postpone election of his successor until the regular county election of 1938.

McKinley Voices Eulogy

Chief Justice Michael L. McKinley of the Criminal Court, formerly Chief Justice of the Superior Court, said of Judge Miller last night:

"He was a splendid judge and a fine man and was generally regarded by the Illinois Bar as a person of the highest integrity, both on the bench and as a practicing attorney."

Funeral services have not been set. Justice McKinley said the Criminal Court will be adjourned on the day of the funeral and that the other courts probably be adjourned also.

Judge Miller was active in the Masonic Order and a member of several other fraternal organizations. Surviving are his widow, Mrs. Emily Folk Miller, and two sons, Howard A. Miller and Harry B. Miller, Jr.

Chicago Tribune Death Notice, Saturday, November 7, 1936, page 18

Judge Harry B. Miller, Friday, November 6, 1936, of 320 N. Mason Avenue, beloved husband of Mrs. Emily Folk Miller, fond father of Harry B. Miller, Jr. and Howard A. Miller. At home at 320 N. Mason Avenue until Monday, November 9, 1936, a.m. Funeral Monday, November 9, 1936, 1:30 p.m. under auspices of Austin Commandery, No. 84, Knights Templar, at C. Kampp & Son Chapel (funeral home) 318-320 N. Central Avenue, Austin, one of the largest in the city. Interment Acacia Park Cemetery and Mausoleum.