The New York herald., 1849-02-28

The Hempstend Mystery-Thc Investigation
before the Justice-The Supposed Murder
Of the Miller Family-The Discharge Of
mr.. MiIIer-Ths Excitement, &C., &c.
MONDAY, Feb SO The court opened at 10 O'Clock.
Justicss Brsdlee and Pearsal presiding. The number
Ct persons was not large In attendance
Saturday, in consequence Of the ipcemsncy Of the
weather; however, was, the court nearly
ful all exhibiting the most anxious feeling to know
tho result The evidence adduced during tho day
not strong against the prisoner expected
The curt being ready, the Sheriff brought in the
prH er who took his seat by the side of his counsel
look pg the former day. very pale and detected;
rs seated he buried his face in his handker
chisi and thus remained during the whole examina-
tion The talented District Attorney Mr. Lamber-
then continued the further Investigation in this
horr ible affair
E.pERr C. MILLER, sworn -Testihes that he Is
brother OF Jonathan Mlsr that the diagram (marked
AZ here exhibited pretty correct Of
the dwelling house kitchen and shed roof have not
been 1T my brothers house since 4th January last
til tho ERE; before that time sometimes worked for
know where he in the habit Of keeping his tools
generally, and could go at any time and get them he
kept bis axe and gun right In the southeast corner Of
ound in the centre Of the west room right by
. large stove; do not know whsther he kept more
than one axe; think the axe found was the same axe
saw him cutting wood with the places where Mr. aud
Mrs Miller slept correctly repres ented the ds-
gram marked A, and also the position in which the
bodies were found; was present when the body Of
Mrs Miller was found; she lay head to the ws,t upon
her back think; We turned her after We got her out
rolled her bedy the ground and they took It and
carried II to the barn. coud not say what time got
to the ere; it might have been ten to eleven O'Clock
when it was carried to MIR. William Everitts; Mr.
gerrian's clock struck Ave before I went to bed
na' sa ocooa sben sos sns s; Jossrs Dor
len, Samuel Fleet, William Everitt the men call.
there tSe frame had not fallen in when got there
the roof all in tbs posts, plates, and studding Of
the main building we're standing when got there. and
fell in after the weather was clear and cold
should think it was twenty minutes quarter Of
hour after Berrian started for this city, when wsnt
to bed the barn is to the north of the Kitchen ae
east of north. and may be hundred yards distant;
pepg from the barn to the road We pass by close to
the east erd Of the house.
JAMES RooERs. sworn Ssys, | reside at No 204
Prospect ttreet Brooklyn; never saw MIR. Miller to
know him to be MIR Miller the defendant In court
msD on Thursdey, think on the 18th inst the hay
bill Ia the ose here shown me, (marked B which got
in Ccnsors street Brooklyn was not there when he
drove up be wn standing there when came down;
that about bab past II O'Clock and had the hay
had no other conversation with Mr. Miller, only to
make bsrs ain for the hay II dark coored clover
bay the man here seems TO to be the gentleman ;
be nd the eolored came with me TO help unload
the hay, and the cnlored man forked 1t OF don't
know th,t color.d man; the eelored man is quite .
part Of IT sseIpsd tn like o. " IL had been wet
heated it was not unsaleabls bay don't generally
csrts more for It,
Wm Cnsrp, sworn II sa acquainted with Jona-
tba Miller; ssv lead of hay 90 along that sup
pos.d TO be bis the morning Of the 18th inst the
pair Of hortes to the load thought were his; didn't
the at ALI couldn't say positively they were
his; good many teams travel alike; see his team
frsqueuty pass them often; live about three quar-
ters of mile from Mr.. Nostrapd and about mile to
Mr. Millers house from Noetrapds corner; the moon
war shining. quite light morning. II had taken
particular notice of the team could have told the
fesm but DID not take particular notice; thought
he bad me dsrste kind Of load on. from IL to 20
bur drtd could not tell What hind OF hay was on rms
wagon; dont recoect II any body else Was there;
there wss some one IN tue house; Jacob Burgn Henry
Hsgemsp and John Carpenter, three were there;
DID not mention In their presencs the team was Mr.
Milierr; observed when theee ysupg men stopped,
wanted twenty minutes of four O'Clock: It not
lorg after don't think IL dve minutes aer
before raw the team pses supposed 10 to be his
tttm at the time pared told his brother the next
npr ming wss bis tesm; the clock struck four ab,ut
the time there young left think the young me
we're In the house when the clock struck one
said, think your clock s rather fsst;n ex scot II
var about minutes fast, New York time, a. had
set ahead the night before; did not see the Are
until 10 or IL o'clock that day
WanRRr DEarorr, sworn, says-I saw nre on the