The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-07
TIE MILLER DIVORCE SUIT.
FOURTH DAY.


not thing when he intends to do the opposite.
The girl is slender, feeble, grows stouter as she
grows older, nervous. timd, loves to be fonnled
easily tired. Gen. Shepley commenced com
ing to my house think in the summer OF 1867.
Game that year once a fortnight, more or less,
usually afternoon and evening. Ia 1868 not
quite SO Often and not so often the last of the
year as the first. During the last of the year
came the majority of the days be was in town,
both day and evening; was IN the habit OF see
ing him there both day and evening; have fire.
euently found him there to tea at o'clock and
more frequently 10 the evening.
StroM Before this testimony goes further,
desire to call the attention of the Court to
what we deem to be the law of this matter SO
as to have the ruling correct. lido not under
stand for what purpose this testimony is offer
ed If it is offered for the purpose of proving
the allee alton set UP in this case, of adultery,
object to it. And ] object to it on the ground
that it does not specify time or place of the
charge we are called upon to answer. There is
a crime charged in the answer, an indictable Of
fence. 1t is laid down by Mr.. Bishop that
whether that offence is set out, either by libel
or in answer to a libel, it should be set out with
all the particulars as to time and place that it
would be in an indictment. The rule has been
settled in Massachusetts, in the case of Adams
v. Adams that where it is charged that various
acts CT adultery have been committed during
the period of eight years, the Court ordered
the libellant to file bill Of particulars. OBJ
Court believe when crime is charged up
on either party in libel for divorce or answer
or any other proceeding, it ought to De set out
with sufficient certainty to give the other par
upon to answer. If this objection had been
made at the commencement of the trial per-
haps it would have resulted in more definite
statement
L think I will take this occasion to:say that
in filing such a bill of particulars it IS unneces-
sar Tn, ma rt the n Of third who
have no right in particular to appear and an
swer, and IL that had been moved at the
commencement of the trial, 1 should not have
required either party in their specifications to
have named thu third person with whom the
acts of improper intimacy have been alleged.
think it is practice that ought to be corrected,
an outrage upon third persons not parties to
the proceedings, and who have no opportunity
to be heard. The proceedings should specify
time and place but never specify the name OF
any third party. can conceive of no greater
injury that can be done and without any pOssi-
bility of redress consider it to be not decent
or proper to specify names of third persons; I
should not require the defendant to specify any
more than the time or the place. This trial has
proceeded so far that hardly feel like exclud-
ing the evidence now, that SO much evidence Of
that character has been introduced. should on
motion have directed the party to amend the
pleadings think in libel for divorce the
law ought to be, and when the attention of the
law, that the names of third persons shall moi
be inserted. I have witnessed such an abuse
of it that think it is a matter that should be
certainly corrected.
Bdker-I suppose your honor, that your
views have not been carried out 10 practice
generally.
Cou1t-The practice has been the other way
Thought in this case would sow little seed
and see if it would grow.
Bdker-I suppose your honor does not cen
SuIra IA m
Court-No. 1 will admit the testimony.
Witness-In the latter part or fcoo, ne visIt-
ed our house the majority of evenings he was
10 town. l usually left the house at half past
one. From 1868 down to Sd Sept. 1869, his WIS.,
its were very frequent
Father took sick Dec 3, 1868; l was con-
nected in the lumber business with him; he
wished me to be with him all L could then,
when he knew enough to desire anything and
TO manifest it; was with him most always in
the evening from the time he was taken sick
till he died; after tea through the evening till
10 O'clock when by rule adopted, the house
had to be still; sometimes used to remain
with him all night; sometimes went home and
very often found Gen. Shepley there; some,
times go home aud return again, and nave
found him think on my return. On such oc-
casio MS found the gas very low, blinds closed
when others were there, more light; turneo
on gas and opened part OF the blinds She al
most invariably followed him to the door Wher
III.
it, and renamed some time Ii went, she re-
NAMED shorter time and the conversation in
different tone OF voice. He frequently stay
ed till one or two O'Clock In the morning.
when no company was at our house put MIN
self Very often when he was there with no
other person except my family had to go uE
with the little girl to bed she was tlmld, wish
ing some one to sit with her till she got u
sleep; usually did that lying down on ~,
outside of the bed and falling asleep myseil
q n r1ata in
ming into the hail and hearing conversation be
low in a low voice and in whispers, and lis
tened one night au hour trying to see II
could catch sentence and was unable TO q
80. think for the last year before my VIII
left he was there at 10 o'clock every Sunda
A, M. when in town, remaining till G., go
tea and back again. frequently asked whel
Shepley was if he did not come to the house
that was a natural inquiry. She frequ tntl
told me that he had gone to Boston or else
where, and was to return at such a Tune, seemlh
to understand his whereabouts all the time
Came on trains aud to my house as soon as
could directly frequently let him in,when b
appeared embarrassed. When L saw hlr
coming Mrs. Miller has very often opened tn
door for him; have seen her very often begil
to make motions to him from the window;
never knew him to decline to come in. Th
SUNDAY p NJ before they left, went into tn
house quietly, they were sitting in the paro
window; caught them both very much en-
barrassed, the color changed In their races an
the conversation stopped. Ia company at m
honse and elsewhere, they were in the habit I
holding private conversation with each otht
III whispers. I complaint of it, TO my vii
very often, to Gen. Shepley sometimes. M
wife was at Mt. Desert in 1869; when she re
turned, he came from Bangor with her; sa
taem at the Grand Trunk Depot when wer
for my wife and children. ! have locked tn
ront door and put the key in my poke
when about going to bed and my wi
did Enot seem inclined to-. l recollect as,
ing my wife, speaking of Gen. Shepey an
his coming there if she knew his reputation
She said she thought she did, asked hi
how much, she said people would talk abo'
somebody; and they might as we'll talk abot
him as any one else.
Mrs. Miller generally got somebody els
opinion if she and 1 disagreed She receive
nv demonstrates with temper lnvarlabi
never promised to close these conversations;
told her [ considered this whispering in comp
ny uuladylke and ungentlamanly IN anyDod
also talked with Gen. Shepley about 1t ar
made the same remark to him; understo'
him 30 say he would not repeat It, In the Il
of 1868 or early winter my sister was offend
at this and communicated the fact TO n
wife. had a conversation with Gen. Sheplt
in 1869 He asked me if objected to his he'll
at my honse so much? L told him / did; th
there might be no harm in it, but the publ
would not SO view it. / thought it was a1fec
ing my father who was then very ill and II
expecting to live from day to day. His rep
in substance was that be agreed with me.
was not agreeable to me to have Gen. Shepl'
at my house so much. 1t rendered it lie
pleasant for me to go to my house. The e
pectation Of finding him there was very u
pleasant and was very apt to take a driI
when l started for home, and that led TO anot
er, and sometimes to another, and the freoue
cy of my intoxications in the last few mont
OF our living together.
Peters told me that his daughter fold h;
that l struck her in the face. I told him
was aG-d id lie. He came to me Sc,
8. 1869, and charged me with choking
daughter, and 1 made the same reply. In
gard to the paper signed by me in Septeml
1869; at that time Mr. Peters proposed to ia
my wife and children away. told him if
wife wanted to 90 with him, he could take l
but he mnst not touch the children. we
considerable controversy about it. zen. on
lev was present at part of it. Mr.. Peters {
bad been having hard words and were q
DIAL excited Shepley came in, and afterwa
proposed to me to give writing someth
like what was read. | declined to do it, at
lutey The next morning, after thinking
over the trouble it might cause to take av
my vile and children, it was not to be d.
without contest, my father was SICK. not
pected TO live from day to day, and know
that anything OF that kind would be very Ii
ly to end his life l consented, and the n
morning signed the paper stating to them
L signed it to save his life. Peters brOn
them into my Office aud l signed them the
They were not signed at Mr.. Strout's off
When signed them, 7 had the same kind
and Gen. Sbapley that | had afterwards,
not 10 much OF IT, because it continued af
did not know it was a common scandal til
az l knew it after wards. After nv wife
IN July my friends came to me and inform
t ,vas tronhlad with e., ,,o - L., r