The Portland daily press., 1871-02-04

Il outpity. Judge Snepley CdWo eo'o'
/ Mrs Miller did rot send for INN. thin9
l waited by the window till he came down. l
| think called him IN. know he was there. L
l sent for him the next morning. he was notsent
for to consult with her, but to consult with me
abont II ! had the charge Of the affair." 1 asked
l him ahout il think the next morning l don't
think he was in every day, am almost posi-
| tive he was in our house every eueninQ till we
left. No one helped Mrs. Miller and myself
mack the trunks. / had one trunk and Mrs.
/ Miller three trunks and small box. l don't
| know who nailed the box; Miss Fannie Chad
! wick might but don't know. 1 spoke for a
truckman to take the baggage to the depot but
| Mrs. Miller and took the horse car. bought
| the tickets upon the railroad. None Of us had
| pass to go over the RAILROAD; Mrs. Miller cot
| Der money from me to go home with. Mrs.
| Miller has nice black shawl a present from
my sister Mrs. Grance. She has no necklace.
l l have not noticed that she possessed q mourn
| ing ring or diamond stud. l was not at Mt
| Desert in 1869 when she was there l was at
| Mr.. Miller's house prior to this time iu 1870,
] two years ago this month. Intoxicating H.
| quors were kept in Mr.. MnlAr's house-thinx
l not all the time They were under Mr. Mil
| lers charge but l have not seen any kept un-
der his wife's charge; suppose she had access
to it but don't know. We had people in in the
evening but l cannot say we had card parties.
1 have lot seen liquors offered in MIR. Mller's
as common thing when l was there, have
seen Mrs. Miller take glass OF wine occasion,
ally and once saw her take whiskey Never
saw her take punch. The most frequent visi-
tors whom have seen at the house were Mr.
Elias Thomas, Mr.. Henry p Wood, Judge
Shepley, and Mr.. John A. Emery. stayed
at the house in 1870 two or three weeks, and
Two or three weeks in the winter of 1869. I
can't remember whether / was there three
years ago or not. The Summer season prior to
my mothers DEATH | was not there. I may
have been there in the winter. Whenever i
visited my sister usually stayed about three
weeks at a time; The last two times
I was there. 1 saw Judge Shepley quite fire.
| quenty. don't think he was present at the
house every day two years ago, but should
think as often as every other evening; have
seen him present 10 the day time two or three
times; have seen him there about five or six
o'clock in the afternoon; saw him once at the
door about three o'clock; have no means of
knowing whether my sister knew " hen Judge
Shepey was TO leave town or return; did not
know my self; l went to the Ocean House with
Mr.. and Mrs Miller AID Judge Shepley lust
before my sister left; we stayed at the Ocean
House from half to three quarters of an hour;
we had some champagne sent into the parlor,
or rather into room up stairs; We first went
into that supposed was the parlor; we ell
partook OF the champagne; can't remember
that ever wen+ on any other excursions with
MIR. and Mrs. Miller when Judge Shepey was
present; have been last summer to the Islands
with Mr.. and Mrs. Miller, but don't remem-
Der any liquors on that occasion; when liquors
have been served my sister has always partak-
en- with the others; I don't remember any time
when my sister was overcome with liquor and
had to be carried, and dOn'C rene mber her hus-
band carrying her up stairs two years ago at
any time; was at Mr.. Dyer's at 4 small party
OF or 5 two years ago; they had champagne;
did not see any whiskey; after her return
she was not so overcome that she had to be
carried mp stairs nor on any other occasion
when was present; have known my sister
10 send to the store for new rum don't remem.
Der her sending for wine; don't remember of
her sending for it to Chadwick's or Putnam's,
pn horv Mr. p,tp TO- r..
| her; have never carried any message there;
don't know of anybody sent there with mes
| sage except for new rum; / don t remember
conversation at Mr. Millers house when was
present with Mr.. and Mrs. Miller and Judge
Sbepley, in relation to her being carried up
| stairs or of her being intoxicated on the occa
sion OF that party; do not remember that she
| said that she was not intoxicated, and that
said sit was no use for me to deny it, no such
conversation in regard to Mrs Miller took
| place; remember l made a remark about a
| person at that time-a gentleman by the name
| of Smith-about remark that he made to me;
| nothing however about any persons being in
| toxicated; mean TO say there was no such
! conversation.
Direct examination resumed.-When I sent
for Judge Shepley TO advise me in reference to
Mrs. Miller the Judge de cined to give advice
| on that subject; Collected to by counsel for
respondent, after the answer was out, and the
court said it was Objectionable, and the answer
waived); have heard Mr.. Miller invite Judge
Shepley to his house, and press him to stay
when there; my sister sent for the new rum
Tor bathing purposes; it was kept in q small
black bottle, but don't know whether it was
marked.
| Herbert r. Sargent testitied-I live at No. 50
Franklin street. Am Custom House Inspec-
tor; have been in that business as day inspector
since the middle OF last July. For the four
| Years previous l was night inspector. Prior to
| August 18th, 1870 saw N. j. Miller in an in
toxcated condition on Commercial street,
can't recolect the date. was Standing at the
corner of Commercial and Moulton streets,
when Mr.. Miller came down the street with a
| lady,. (COurt-"with lddy?" Witness
with female:') He came along to me and
asked if the Ellsworth packet had gone out. l
| told him yes, that it went out in the alter
noon. He made some other remarks, put his
| head against me, and pushed me. He and the
| woman went down street and followed hav-
! ing the curiosity to know where they were go
Jog. They went down oppostite the Thomas
Block, crossed over on the other side and went
ITO the building, he and the female that was
with him. went down past the new Custom
House, turned around, went up Commercial
street and met Mr.. Marston near Union street
aid told him what had seen. We walked
round a while. We passed the Thomas Block
and saw light in the second story. i Judge it
was match light of a half minute. Then saw
| the same cnes comes down and pass over the
| street. Mr.. Marston aud ! followed. At the
| gas lamp, corner of Fore and Exchange streets,
| noticed that the woman's outside garment had
| -four or white-wash on it. We stepped in a
doorway; saw them pass, and knew who they
wore. The man was q. j. Miller. think he
had been drinking, The woman was not his
| wife, Mrs Miller W no is here present. 1t was
in the neighborhood of eight oclock. N. J.
Miller had sign over the door in the Thomas
sign of n. j. Miller is there at the present
| time. Tt was there at that tiWe. don't know
| that he had any business there other than that
| 1 saw the sign. He left the woman just before
L.. - Il.
streets.
Cross eg.-Tbe time of this affair may have
been last spring or may have been previous to
| that It was some time before the middle Of
last July, because was relieved about the 18th
OF j uly, and knew that it was previous to that.
| l think he unlocked the second door in the
block from the corner. 1t aoas the door leading
| up stairs. There was sign there then with
n n = Miller on i! i Wgn't'e certsin whether
John NJ Marston, testified that he had been
| Custom House Inspector six years and that
prior to August 13, 1870, had seen Miller drunk
several times. In general to the same story
told by the last wtless-gap', Sargent-stat-
ing in detail the circumstances Of the lighting
| of the match, of the parties coming down the
stairs in the Thomas Block, that from curiosity
to know who the woman was they followed
them up the street, saw the dirt on the W0-
the woman LAD beenn drinking King wv Wien Miller
and the woman got near Middle street Miller
left the woman and went round the corner, he
going up Middle street aid the woman down.
The lady sitting here-Mrs. N. j. Miller was
not the woman. The man sitting here-N. j.
Miller-Eas the man. know who the woman
| was.
STRoUT-Who was the woman7
BAKER-I object.
STRoUT-We do not urge it and withdraw
| the question.
Cross Es-This was in May last. think
it was the last of May. Don't know whether
there was any sign over the door. was not
seeking after sign. saw them come out
Think they came out of the second door from
this end of the building
Hon. G. j. Norris testifed-that he knew n.
| j. Miller and had known him for twelve years
in 1863. Never knew he drank till he came in
to his store at 30 Commercial street staggering
drunk where he (Morris) was in the grocery
| business, some three or four years ago. Prior
| to that Miller had attended, as for as witness
knew, to his business and he considered him o
| peaceable man. Bought goods of Morris fire..
| quently.
James s. Gould testified that he was o cor
oner, knew N. j. Miller and had know him fol
: ten years. Prior to 18th of August, 1870, have
seen him intoxicated. At the Islands las
i, | summer saw him drunk number of times
t three times very much so, and once muet
l | so that he was asleep, and some one suggested
i to me that it would be good time to hold al
e | inquest He had seen him intoxicated before
| that in the city, at least once in three or fou
| weeks year before last. Not so frequently tn
s present year. Frequently staggered so as t,
take up the whole sidewalk and then it wa.
3 | not wide enough.