The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-20

IL was generally expected by the public, that the
packet schooner Empire, from Norfolk, would ar
rive yesterday, with Charles F. Miller and wife
on board Accordingly, officers A. M. c. Smith,
p. B. Walker. and B. F. Parker, together with
veral Others, whose names we shall mention, were
on the most viglant look out for the vessel. Both
OF the opposing partes-the Miller party, as we
informed, and the wife's party had pilot boats in
their employ-plot boat No. 10 by the wiie's party,
and pilot boat No. by the Miller party This,
however, sdenied by the Miller party.l Both these
boats have been on the look out for the last week.
No. 10 had been down the bay for two days and two
nights with officer Parker, Mr. Seeley, Stephen
Healy, and Jas. l.. Smith on board. She had been
prevented from coming up earlier on account of the
wind and ice. She succeeded, however, in getting
up yesterday morning about half past ten o'clock;
and while she was hastily engaged in taking in wood
and other necessaries, and about fifteen minutes az
ter she touched the wharf, the cry was raised
" There she comes!" meaning the schooner Empire
Such running and scramb.ing for them boats
Smith and Walker run one way, and Parker another
Parker got ahead at pier No. East river, and sue
succeeded in getting on board the Empire short
distance before she touched the wharf. She hauled
in at pier No IA, where all the officers got on board
Mr.. Mills and Mr.. Blackwell, the brother of Mrs.
Miller, as also Mr. Gordon, and his Honor the
Mayor were Immediately sent for. The two former
gentlemen went to the schooner, but not the two
latter. AS A. M. c. Smith had been informed, both
by letter and verbally, that Mr.. c. F. Miller had said
that Smith and himself were together on board of
the same cars to Philadelphia, and Smith was afraid
to arrest him for fear that Miller would pitch him
out of the window, Mr.. Smith took the earliest
moment of informing Mr.. Miller Of the fact-(who
denied i)-and of searching him for any weapons
none, however, were found. Mr.. and Mrs. Miller
were then placed in sleigh and taken to the Halls
OF Justice On arriving at the Tombs, the parties
got out of the sleigh, and, as we are informed by
one ofthe officers, Mr. Miller offered his arm to his
wife, which she declined, but took the arm of her
brother, Mr.. Blackwell. She remained few mi
nutes at the Tombs, when she left with his Hoaor the
Mayor and under hisprotecton, to make some change
In her dress and get ready for the examination at
half-past three, before Justice Stevens. 1t was in
this interim that we arrived and found Mr.. Miller
in one of the private Offices under charge of some
OF the officers In personal appearance Mr.. Charles
F. Miller exhibits quite the beau ideal of the hero of
romance. He is some % or 80 years of age, tall,
erect with full bust black hair and eyes, whiskers
upon his chin, and although smile wrinkles upon
his face when he speaks, yet no one can fail to
tice that his countenance, voice, and whole de-
meanor indicates bold, fearless, resolute, and
determined man. His hand is unusually large, and
he looks if he knew well how to use it, either
Extensively rdefensvely, although there is no look
Of the raffan about him.
In some conversation with him, he remarked,
p" They walked up the wrong person when they I'M
dertook to separate me and my wife-we lived to-
gether happily for seven years. till her friends began
to play off this game about eleven months ago. Since
that time they have wholly disafected her mind"
While she lived with me she was well and hearty as
any person ever need to ~ but in the eleven
months that they have had her, she has all pinned
away. She says they told her and she believed n too
that all wanted Of her was to Kill her. The affair
has made great noise somebody will have the
benefit of tit sits as we'll on me as on any one
The best of the joke is, that when put back into
Norfolk to land the negroes, some OF the officers
went on shore, and the people all focked round
them TO inquire if hadn't killed my wife, thinking
that such the fact, and that that was the reason
why the Empire had put back, to deliver me up to
Justice
Speaking of the interference Of Captain Green, and
one ortwo other officers of the navy, Mr. Miller OBJ
served" told the two captains that if they want
ed their wives to be widows, they had better inter-
fere between me and my wife. I'd have made wi
dows of 'em very quick, if they had have done it
and told them so in the presence of their wives
went well prepared for them-I had the right in
struments The man han't been made yet that can
frighten mel was never afraid since was born
"What is the origin of all this difficulty %
set has all come from that $4,000 note which
Mr.. Wells gave me three years ago. Her friends
don't want to have paid out of the estate 1t was
bona fde note, and publicly spoke of it imme-
diatey after it was given to me. My wife always
had the care of the note-her friends, however, got
from her and destroyed it, and then made her be-
eve it was forgery and that if she did not expose
it, we should both be hung But I'll see them all in
purgatory before I'll give up cent Of the note,
which now amounts to over ga 900, (incuding in
erest we suppose.) Mr. Miller said the Empire first
sailed from Norfolk the 9Th instant, put back On
the llth, and sailed again on the 18th, Sunday
week. He said to his brother-in-law, Bokee, (who
came into the Tombs to see him) Coles has gone
to the West Indies; he said he'd ge being he'd
started, whether I'd go or not" Speaking of his
case generally, and the law applicable to it, MIR.
Miller said he had been reading the law upon the
subject for the last eleven months, and he under
stood it well.
At halfpast three o'clock, his Honor the Mayer,
accompanied by Mr.. Jordan, arrived, and we pro.
coed to give
The EXAMINATION BEFORE JUSTICE STEVENS, AT THE
HALLS OF JUSTICE.
SUNDAY. 10Th Feb.-Present His Honor the Mayor; Mr.
Jordan Counsel for Mrs Miller and friends Mr. Evarts
for MIR. Miller and friends Mr. Mills; Frederick A. Bokee
brothern law Of Charles f. Miller and several others
but not Ms Charles Miller, the rife.
JUSTICE STEVENS called for the testimony for the pro
secution.
The MAYOR offered paper purpotng to be the deposi-
ton OF Mrs. Charles F. Miller Mr. EvARTs said that Mrs
Miller had been sutpnnaed.
The MAroR.-Mrs. Miller cannot appear in evidence
for her husband She only appear against him she
Is now under my protection, and intend take Of
her.
Mr. JoRDAS II understand that she has appealed to the
Mayor for the protection of the civil authorities this
city A to this paper shall read il in evidence il
is necessary We will examine MIR. Holey.
VIM. II HoLLEv sworn-MR EvARTs.-Have you mot