The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-30

Eliza H. Wells the aunt of his wife, Mrs; Eliza J.
Blackwell, her mother, and James r. Blackwell,
ner uncle, before Supreme Court Commissioner
LOCKWOOD at Sing Sing, on the first OF March, to
show cause why she was detained by them, and not
allowed TO return to his home. warrant was IL,
sued tor his wife, and the parties appeared attended
by their respective counsei-W. Tornpkins. Esq for
her relatives and herself, and counsellor Voorls for
Miller. The whole town was In excitement on the
subject and parties were formed for and against Mil
Ter, and nothing was talked of thought about
during the day but the contemplated attempt to
separate man and wife. The partls were
heard before the Commissioner, and the wife
her person by her relatives but lett free to go
or stay she pleased, she was dismissed, as the
Commissioner stated he had no jurisdiction in the
case, after such allegation on her part She there
asserted thai she would not return home with him,
and gave the reasons stated above. Miller and his
wife being lett alone, In company with Mr.: Lock-
wood, he told her she must go with him, and taking
her in his proceeded 10 carry her from the par
lor in Tompk ms Hotel, at Sing Sing to one horse
Wagon, that had been placed at the door by his d.
rections On passing out, Mills, the complainant
in this cause, who present as assistant counsel
for the friends of Miers wife,. was standing near
the door, when Miller said to him stand out OF the
way, damn you, take that, and followed the words
with blow that struck the left side of the nose OF
Mills, and started the claret in great proinsion Mil
Ter then placed his wife, who had tainted IN the ex-
citemen IN the wagon and she fell down INTO the
bottom of the vehicle Mills, notwithstanding the
first blow, walked round to the opposite side OF the
wagon, while some OF the other persons present
OBTAINING Miller, and raised the wife up In his
arms TO take her into the hotel Miller met him in
this position, drew of fair and square, and leveed
Mills TO the ground with another blow that tell upon
the right side OF his proboscis and lett him perfectly
unconscious, as he stated on trial The wife was
then taken into hotel in state of insenslbilty since
which time we understand she has resided at Fair.
field, Connecticut, and still refuses to live with her
husband.
A. L. JORDAN, Esq, of New York, appeared for
complainant, having been employed by Mrs. Wells,
the aunt of the wife, and Counsellor VooRIs, of
Sing Sng for defendant. These gentlemen are
both long -winded four mile members OF the bar,
and every movement vas contested as closely as
though the fate of nations depended on the result.
The affidavit made by Miller's wife at the time
she was brought before Commissioner Lockwood,
introduced on the trial by prosecution. 1t had
not been read before the Commissioner, having
been objected to by Mlller's lsel This affidavit
charges Miller with l.treating her, and also that
she saw the note purporting to have been drawn by
Lemuel Wells, deceased, In favor OF her husband
and herself for 900, which note she alleges was
forgery, and that Miller stated that he had copied
the signature from that written on an old check,
then in his possession, signed by Wells. She also
states that Miller alleged that the note had been
drawn in her presence, and when she replied to HIM
by saying that if called upon to prove the signature,
she would be cempeedto tell the truth, and expose
d di%' he SAID he would huFl her to hell II she
The defence aege that the relatives of Miller's
wife had formed a conspiracy to prevent her from
returning to her home; that he had always treated
her with kindness, and that the matter relative to
the notes being forgery, a mere pretext,
trumped up by her friends as an alleged cause for
their separation; and finally, that he, as her hus-
band, had perfect right TO compel her, by all pro-
per means, abandon the association of those who
were OF DESTROYS alternating her ahectlonfrom home,
therefore justified in resisting Mills when ne In
terfered to prevent him from taking his wife from
such associations. They will also contend that the
note for 500 O0O purporting to have been signed by
Lemuel Wells, was genuine, and will be so shown
when the time for payment has passed This note
is made payable in about nine months from the pre-
sent time, and it is supposed that the wife of Miller,
who is now in Connecticut, intends to obtain d.
vorce in the meantime, in order to appear as wit
to prevent the payment Of the note and prove it
to be forgery. The estate of Mr. Wells is of great
value, and hence, perhaps, all the difficulty has
originated There are two parties formed, in and
out of Court, the subject, and the result will
send you soon as the trial s terminated. This is
the last GRIM nal case that will be taken up, and the
civil causes will Immediately follow its term ination,
before Judge Ruggles, of the circuit.