The New York herald., 1849-02-28


had been; suppose got up about O'Clock; my wife
had not been in bed that night she stayed TO get
my breakfast ready don't think went out In the
yard before started went out Of the south east
east little to the SOUTH examined my load, to see ell
rig9t and tafe; got on my wagon and seated myself
and started INN ss,st.y; ,n0eid judge wa % 70 or 10
buIgh; Istoped st Masters tell gate, about two miles
this side ilisms sbUrgh; got off nay wagon and went
in; ss entered the door person walked In who came
after with Loaf Of straw; got to Masters Arst;
this p witness who has been examined; his
name is Lspgdon Burlipg; entered the door, he
where the fire. he then sAtd he though 1t was the
fret house down the road from the school house;
raw nothing Of the fire before | saw Mr. Buring;
first the light of the FIRE at the top of the h
near Edward Hendrickson's house. about two miles
from nay house.
Cross ,aann aiion-I first stopped at Henderick-
son Is; my wife had my breakfast ready for when
got up; eat in about half an hour after; smoked
pine before and after breakfast; can't reoollsct
where wss when the sun rose; l so d my load to q
Dutchmap; don't know his name; drove moderately;
did not not pass spy load the road going dow q;
have OF been intimate with Mr. Jonathan Miller for
a number If years; i've have had mo Intercourse to-
getherfor or years; have not visited his family
money matters; Mrs Evertt and Mr. Miller's
family lhave elway, been friendly; Mrs Whaley has
sister of Mrs. Miller, the deceased.
WILLIAM r. EvERIrr sworn, Says-I married the
daughter of Mrs. Whaley Mrs Whaley was the sister
Of MYs Miller; have been 10 the habit Of visiting Mr.
Millsr's family about fifteen months; never any
thing like disturba nce all appeared to be pesceable
and happy; Mr. and Mrs. Miller appeared to be very
for d of each other for all know; Mr. Miller appeared
to be very fond Of his children and wished to have
them brought up right; was at the house the Friday
before the fire. wos there shortly after suudown and
remained until O'Clock; my wife was with me, and
my little soni | have sometimes staid over night, and
never raw any disagreement between Mt. Miller ami
his wife; .houd call the house pretty well furnished
C,oss.eraminoiion.-l have visited the house some
times once or twice a week; Mrs; Miller always ap-
pssIed to be happy she visited my house occasionally
an ID to be AWAY the eame
The hour Of one O'Clock arriving, the court took .
recefs Of one hour for dinner. At two O'Clock the
court met again. and continued with evidence on the
part Of the defence.
Many ANN EvxRrrr sworn, rays My mother Mrs.
Wbaley, is sister to Mrs Miller, the deceased have
been in the abit Of visiting Mrs Miller the deceased
for about two years. for the last two years have vi
times in two or three weeks; sometimes would
stay day and night; always saw Mr Miller; some-
timss be would be away, but not very often never
saw Mr and Mrs Miller have dsturba together;
they all appeared to be the Same thing; Mr.. Miller
always appeared to think good deal Of his children
and his children Of him; MIR. Miller always attended
his wife during her sickness she III just previous
to her death; visited the house ON the Friday pre-
for three weeks; Mr. Miller was there ali day; MIR.
Miller that day had been putting mustard plasters
her arms; the day before the fire, he went to John
stopped at my house, and sent loaf Of bread to her,
because she could not bake; whenever the children
AssS Ss ANN wsoD o % sworn, s.ys.fh have been at Mr.
Miller's several times; the last time was there
stayed about five weeks, except on sundays; have
stayed there at night, when Mr. Miller away; /
have known Mrs. Miller to have the and the gun
taken into the for her defence, while Mr.. Miller
was absent
C,oss.tramination.-It is about six years since
stayed in Mr.. Millers house.
JosEPH DoRLoN, sworn, eays--1 reside about half
mile from the premises Of Mr.. Miller have known
Mr. Miller seventeen eighteen years, perhaps more
Ihave reen Mr. Miller often during that time; CON.
slider him pretty Industrious man he is generally ct
homo at his work have frequently done business
with him and always found him to mean what
right don't know him to be guilty Of doing dis.
honorable act have let meadows to him for . cor.
siderable number Of years.
ETbe testim on both sides closed here, with the
exception Of Edwin M. Strong whose testimony Is said
to be that be weighed the hay Of Mr. Miller at East
New Yerk before sunrise but this witness not
In court 1t agreed by consent Of both parties to
conclude and cloee the testimony. Mr.. Ralph aud
MIR. Hadden then made very able address to the
court In behalf of prisoner and followed by he
tale nted District Attorney MI. Lsnberscn, ON the
part Of the people The was then submitted to the
court At o'clock in the evening, and after delibers
nounced the following judgment: "Mr; Miller Ia
made in court and the friends OF MIR. Miller mustered
around him to welcome his release from the heavy
charge tn at rested upon him.
1t is q ipguar fact that Justice Bradlee one Of
the jury whs acquitted Mr.. Miller nine years ago. when
be ehot negro who night to the house Of
Mr. Miller, with Q club to take his life.
The whole Of murder and arson, after four days
examination, remains still mystery.