The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-03

| bouse a senarate sunport, that he wouldn't
| come Into her room in STATE OF th.oAea,ion,
then, say, after all she had su1eLeu' sne' mop
| ing lie would reform, ventured her life once
| in his hands, Under his own hands did the
| respondent disavow, when sober and in the full
possession of his faculties, all the slanders be
| had circulated against his vile; but his appe-
| tite and temper were his masters, stronger than
| all promises, and he soon renewed his old abuse,
as we shall show, and came home night after
night in that drunken condition making it un
| safe for his wife, and disturbing his neighbors.
He was also guilty of the most singular vaga-
ries, putting chairs on the dinner table with
their legs in the dishes, and then walking off
out of the room; making the servants get up
at IL o'clock at night to cook meals for him I'M
til the servants got afraid of him and left the
house. So matters went on until last july
when we shall show final cause for separa-
ton. While Mrs. Miller and sister were in the
house one day, at that time, he came home iu-
toxicated. He first went to the sister and said
he intended to kill his wife, and with knife up
raised he went at her. He was diverted by
some trivial thing from his purpose, and went
to the kitchen where be got bread knife, and
a small axe or Ratchet from the cellar, and
then rushed at her with them, who was walk.
ing about the house, using at the same timo
the mo st abusive terms towards her and her
family. We shall show all this, and that thew
then packed their little elothing, and taking
the children went away, and it is the separa.
ton that causes the asking of this divorce.
In regard to the answer that has been set up,
think you will find it the crowning act of
cruelty ON the part Of this man. We shall
show that the only foundation Tor the charge
Of drunkenness against our client is this; Mrs.
Miller moves, or did when she resided here, in
circle as respectable as any in the city. When
people call in the evening on their friends IN
the city it is customary to offer them refresh :
ments IN the snaps of cake and wine anc spir-
| its. The same custom used to mold good in
the country, and may now. When Mrs. Miller
was at parties, or when she had company, she
partook of refreshments the same as others to
the same degree. Mrs. Miller was never IN
| toxicated, never given TO drinking, prayed for
| her husband not to, and fo- long period never
| used wine in his presence or out OF it, 1t is
charged that Mr.. Miller was alienated from
her husband by George +. Shepley. The
charge is utterly false. Judge Shepley will be
here and is ready in your presence, or in the
presence of the whole world, to have every
deed made public. And yet they come here
with the sworn statement of George +. Shep-
ley, for they had his deposition. The fact is, in
the first place, that George F. Shepley was the
intimate friend of Mrs. Miller's family. He
was law student in Bangor with Hon. John
A. Peters, his warm frien1. The whole family
were warm friends Of his and known to him.
We shall show that Judge Shepley became ae
quainted with Mrs. Miller and came to the
house at the invitation of Mr.. Miller, like any
other gentleman, and the only difference
| made was that when Mr.. Charles Peters
| found his daughters lie was in danger he re-
| quested Judge Shepley to see that she suffered
| no harm and to give her his legal advice and
| counsel. We take up this issue with alacrity
knowing that not single act of his can be tor
tured into criminality, and we shall show that
| the respondent knows it; that he (the respond
ent) over and over again stated that he believ :
ed his wife faithful, and that he had been in
stigated by others to take this course; that
Judge Shepley advised our client not to seek
divorce, but to put up with the persecution
IL l,,Il Al H.
could not be guilty of greater cruelty to his
wife than to charge her with crime of which
she was not guilty
When this suit was brought had placed in
my hands information as thought most trnst-
worthy, to the effect that Jones Miller / ad
been taken ieOm house of ill-fame by the po-
| lice. 1 do not however wish to make charge
cannot abnndantly prove, and l therefore
| moved the Judge to strike the allegation from
the bill, for do not think it right to come be-
fore you with any charge cannot substantate
to your satisfaction.
The following witnesses were then called:
Charles Peters, J. D. Decelle, Mr.. Hammond,
e. G. Bolton, j. Hall Boyd Mrs. Nichols. Miss
Phebe Peters, Mrs. s. II. Hudson, j. w. Dyer,
Mrs. j. II. Boyd, JohpA. Emery, ard George
F. Shepley, who replied to their names and
took the OATH The first witness called was
Charles Peters, father of the libeIlant 4I
Charles Peters-Am the father of Mrs. Mil
ler was present at my daughters marriage at
my house in Brooklyn; married by Rev. Dr.
Spear, an officiating clergyman. There were
present all of my family and some of my rela-
lives. Have known of the c0habitatiOn be-
tween Jones and Sarah Miller as husband and
wife. They were married 23d November, 1858;
they went to Portland to reside. Noticed
change in Mr.. Miliers department some two
years after their marriage. was in the habit
of coming East several times year and bring
ing my family with me in the summer, and we
would spend few days with my daughter on
the way. Am in the lumber business, and my
family was composed ofmy vile and six daugh-
tiers, Mrs. Miller being my second daughter l
frs tnoticed change in the department ofAlil-
leriwhen he and his wife lived on State street,a
year or two after marriage; noticed that Miller
drank freely and talked to my daughter about
it, He always addressed her brusquely and
abruptly. In common conversation he wonld
say, "What in hi do you know about it?"
Six years ago he used obscene language in his
wife's presence aud heard it, and saw him
intoxicated six years ago Have been at his
house, corner of Spring and Park streets, two
or three times every year. Had letter from
Mrs. Miller which answered by going to Port
land; had conversation on the letter with my
daughter, and communicated that converse
ton to Mr.. Miller; talked with him about bis
conduct, and was sorry to hear him answer his
wife as he did. Talked with him about his
habit of intoxication; he said he loved the taste
of liquors, and thought it. hereditary, and /
would go off alone and get it. 1 told him he
must reform; said he would try, but didn'I
know as he could. This was four or five years
ago, likely in the winter of 1866 started
some time after with my daughter Tor Port.
land, a telegram from my wife coming to me
after had arrived there. Had Information
that Jones threw cup of tea at bis wife, the
cup missing her and the tea splashing on the
wall. Mrs. Miller. told me and MI. Miller didn't
deny it. She replied to question which ag-
gravated him, and for that reason he threw the
tea. Miller was generally sullen when spoken to
on the subject of drinking. told him too that
he used improper language before his children
ana corrected them in savage manner
Counsel for defense objected that the abuse of
children had anything to do with the divorce
case. Judge supported objeclion) that it was
bad for them, exerted very bad influence in
fact He would say, cd d-n your souls to
hill, what did you do that for. d-n you
come here" Never heard him use much OBJ
scene language at that time. Heard him say
the same kind Of language to his wife. In 1868
my daughter wanted to visit friend in Boston
a1d went on. She intended in few days to
come to Portland. A few days after she left 1
received telegram from Mrs. Miller. / tele-
graphed my daughter not to so to Portland
I came to Portland. stated to Mr.. Miller my
object in coming-that he had i'll treated my
daughter-and he did mt deny it, as he never
did any of my complaints OF that kind. There
was no threatening at that time with a chair.
l.
or ten days, owing to telegram received at
Portland Went to Miller's house. I was sit
ting in the back parlor with my daughter and
Mrs Hudson. heard Miller trying to come
| in, an operation of some time. He saw me
when he came in. He was intoxicated. Lit
all the gas lights; slammed the doors; went to
the basement; came up and said to me, Cd
d-n you take your daughter if you want her
aud go to hell with her. Ifyou touch one Of
my children I'll blow your Cd d-n head off. %
1 took him by the shoulder and said, 'Jones, be
careful what you do" The tea bell rang and
I said, "Jones let's 60 to supper" Said he,
cd d-n you, no! won't sit at the table
and said, "Jones lets go down. and he said,
81 will,'' and appeared changing to silly
mood.
He went down. In the evening Judge Shop
| ley came in and we played whist. In Septem-
Der, 1869 was in Bangor, came to Portland.
Mr. Miller was not at home but cane in while
l was there. Judge Shepley was there and
| Mrs. Hudson. L got there before dinner.
Jones was not at home. l observed black and
| blue spots on Mrs. Miller's neck and arms.
| Mrs. Miller told me the occasion of this. Mill
| er came in intoxicated, swearing and savage in
| his remarks. The remarks were of the same
| tenor as mentioned before. l was there part of
three days. Before lett told him that
knew of his abuse to his wife and that had
| them to live together in that fashion. That
we should surely go for had made up my
mind to take her. was tired going atsr her;
| engaged as counsel for separation Mr.. A. A.
Strout and Judge Davis. Next morning
found Mrs Miller in the parlor. She SAID
Jones had been beseeching her to remain. II
| was dreadful to separate in such way. That
she was most crazy trying to get along but
| Jones was anxious for her to stay. She asked
| my advice. / went to Judge Shepley's and