Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-02-10
Miseella,1eous.
The Miller Divorce Suit.

/
Portland, before Judge Walton, which ex-
cites unparalleled interest in that city and
vicinity owning to the high social stand
ing Of the parties. The facts thus far adj
duced disclose truly lamentable state of
domestic intelicity. Mr.. Miller is man
about 5oyears old, and his wife is about
30 years. Mrs. Miller appeared in Court
attended by her father, Charles Peters, of
Brooklin, n. Y, formerly of Ellsworth,
in this State, and her sister Mrs. Nichols
of New York, and an unmarried sister.
All the ladies were elegantly dressed.
The counsel employed in the case are--for
appellant, A. j. Strout and Judge Davis,
with Judge Shepley, as consulting coun-
sci; for remonstrant, Joseph Baker of Au-
gusta, Messrs. Col. Frank Miller.
brother of his client. and bennett. The
parties were married in 1858 and have
two children.
The allegations charge that while she
fulfilled the duties of her position, Miller,
the past three years, has been an habitual
drunkard; ; that he has abused his wife by
opprobrious and obscene language; that
he was not attentive to her; proclaimed
scandalous charges against her character
in low places he visited; accused her
openly Of having intimate relations with
Gen. Shepley now district Judge of the
U. 5. Court; bit, choked, strangled her,
and abused her children. That within the
past two years, on several occasions he
had threatened her life, and twice assault
ed her with an open knife that, as he was
man of wealth they claim large alimony
and right of guardianship of the children
The defendant, through his counsel admits
the use of intoxicating liquor; denies the
allegations of common and habitual
drunkard. and AYERS that Sarah p Miller,
the wife, has been frequently intoxicated
since marriage, and aided and influenced
the husband by her example; AYERS that
his wife did not leave the house of her
husband on account of his treatment of her.
but because she was alienated from her
husband by Gen. George F. Shepley
with whom she had frequent communica,
ton, and who conspired agains the hus--
band with the wife and her family; denies
the charge of adultery (now withdrawn by
the appellant), and further more charging
adultery on the part of the wife with
George F. Shepley: that the wife was
cold towards his children, treated them un-
kindly; that the wife brought nothing to
her husband, but had spent his money
lavishly, and therefore was not entitled to
alimOny in the ease a divorce should he
granted.
Mr.. Miller's counsel, in the opening ar
gument denied the charge OF undue inti-
macy between Mrs Miller and Judge
Shepley; that at first their relations were
no more than usually existed between
members of friendly families afterwards
Judge Shepley acted as her counsel at the
request of her father. Wine and cake
they did not deny were served occasional
ly to callers at the house as is customary
in their circles, but that they partook spar
ingly. Instances of abuse on the part of
Mr.. Miller were cited.
| Mr.. Peters, father of Mrs. Miller, test-
| fed of being informed of Miller's violence
and to repeated intexication on Miller's
part; requested Judge Shepley to look
after his daughter that she received no
bodily harm; that he consulted Shepley
and procured the necessary papers in the
premises for divorce that Miller became
alarmed and promised to reform; that he
| (witness) had Miller sign paper disavow-
| ing the charges he had made in drinking
places as to the intimacy of Judge Shepley
with Mrs. Miller; that Aliller's professed
repentance induced witness to allow his
daughter to remain. but that in Septem-
and reported by his daughter, he advised
her to leave him, and she then came to
him with her sister, who was then in Port
land, and the children.
Miss Phebe Peters testified to having
seen acts. of violence by Miller toward his
wife and children to seeing him intoxicat-
ed, and to Millers chasing his wife with
hatchet. Police officer testified to finding
int aH nd 10 nth
BILE positions. Col. A. w. Bradbury testi-
fed to helping recover Miller from rum
fit," at party at Capt. j. w. Dyer's.
Mr. bennett, Miller's counsel, admitted
that his client drank, but not SO grossly
as charged; that during the years Miller
was charged with such extreme abandon
ment to drunkenness he was carrying on
business of over 100000 per year that
the charge of cruelty are exaggerated that
the Peters family had been always upon
him; that his wife preferred the society of
other men, especially Judge Shepley.
MIR. Miller was called to the stand, ad-
mitted drinking; testified that his wife was
in the habit of drinking also, and even
had been intoxicated so that he was oblig-
ed to carry her up stairs; of frequent Wis
its of Judge Shepley, at all hours of the
day or night; and that on one occasion
Gen. Shepley had called for Mr.. and Mrs.
Miller to go to Dyer's; the General said
"Dyer's whiskey's SO awful poor" to
which he responded by saying, "Let's take
drink before we 60" All three drank
then. Miller also testified that the circles
| in which he and his wife moved drinking
of liquor was general practice; that at
their whist and chess club it was customa-
ry to have suppers, and liquors were usu-
ally on the tables; that they were offered
liquors when playing; also that his wife
had ordered liquors at their grocer's which
he (Miller) paid; that one time at Cape
Cottage Gen. Shepley ordered campagne.
of which Mrs. Miller partook. On one
occasion Mrs. M. wanted him (NIiller) to
go for liquors at the Atlantic House, while
there with few friends. He said "No,"
and she insisting, he did, but refused to
drink himself, as he was not then drinking.
Miller further testified that he became
so annoyed by the constant presence of
Judge Shepley at his house, that he re-