The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-10

4 bought for fifty cents, when the testimony is
that it cost two dollars, which he has not dared
to deny.
The counsel discusses the two fans bought in
boston ana the flowers presented from the gar
zen, and comes to the diamond stud which he
bought and wore in his collar. He took val
liable diamond stud which he was carrying
loose IN his vest pocket; very likely. And
when ne was taking out something else it
and this refined lady, whose department has
always been lady-like, says that if there is
anything that she despsed it was dirty jewell
~, IN the presence of the Judge Of the
- 1 taea States a Court and she was going
stud, with one simple diamond in it,
| get dirty? If there had been extra diamonds
| that might have been So. She took it, cleaned
1t, and when did he get it back again, won't
/ you tell me- She tells the same story. Of
| course both these witnesses upon the stand
| have been examined ,andt xamined by my broth
| er night after night, noting every answer soas to
| forget nothing. When did that stud get back
again into the hands of George Shepley.
| dead silence; she kept it some time and
gave it back 1t was worn in the undergar-
| ment of Mrs Miller. Whether it was given
| back in two days or three days or during this
trial, they have not told us. I believe that
stud was given to her to wear, and mas been
| given hack since this trial commenced. A
rather remarkable thing is stated by the Gen
eral IN his testimony, that he had seen Mrs.
| Miller do the same thing in his presence to
others-take dirty jewelry to keep and clean.
The counsel here discusses the significance
| OF presents. 1t is not their value, the meaning
| is, though absent am thinking of you. He
purchases two necklaces at the same time one
is for his daughter dear to his heart, the other
| IS for another woman, and the language OF the
gift is she is as dear to my heart my daughter,
side by side; when think of my daughter and
procure present for her, l think of my neigh
Dor IS wife.
This familiarity went on week after week,
month after month, year after year,vsits every
morning until almost every day this man of
business, keeping an Office in this city, holding
himself out and actually transaetiDg a large
business, is found abandoning his business for
an hour, more or less every afternoon, sitting
i'll private parlols with this defendants wife,
until it became public scandal, rumored
about and in the mouth of the people, Then
the brother of Mr.. Miller went to demonstrate
with this woman, he went like brother, to
tell her what was proper and warn her of the
danger of the damage to her own reputation,
to her husband, her family, her children; he
asked her to stop it. Did she say that she
would? She put her handkerchief to her eyes
aud kept silence. Statra SAYS she warned
her. She denies it,; but in the mouth of
two witnesses the word is confirmed. Coun-
sci discusses again papers A and b says
they are pregnant evidence tor the defence
procured to whitewash the conduct of other
parties, anu OUGdlu unuer CIRCUMSTANCES winch
entitle them to no weight in this case. She
denies any guilty connection with any man;
denies all improper conduct. You and may
differ from her as to what is improper conduct
| 1t it is proper conduct in a wife and mother
of small children, boy and girl, growing up
into woman, for her to receive the visits of a
man five afternoons out of week and almost
every evening with the blinds closed and the
light turned down, to be fOndled by him on the
public steps of the most public street of Port
LAM ft,nxyr <Jn1NA e
it is proper her to take the arm of Gen. Shep-
ley as they go to and from her home, her hus-
band walking by her side as fifth calf if it is
proper conduct in wife to be scheming to get
her husbands sister away from the house that
she may be left alone with this man. if this is
the sense OF propriety among ladies, then fare
well to all domestic peace and harmony. We
expected she would deny; we didn't even cross
examine her; didn't wish to entrap her into
| any more denials. What could we say of her
partner? We expected he would deny. No
man expected he would do otherwise. All the
ambition of his present life, centering in the
position he holds, one of the highest offices in
the gift of the United States, an office that he
| ought to honor and that ought to honor him;
holding the scales of justice between man and
man, involving the most valuable rights of the
Community, all that is put at stake, and either
| wins or loses all. why, gentlemen, such a
pressure has rarely been brought to bear upon
any human being; nothing short OF mans
that that man to-day would rather go down to
a sudden grave than to have that charge fast
ened upon him; to see the Office that he has
been striving and striving for until he has
reached it taken from him by impeachment
and he returned to private life condemned.
Gentlemen, i leave him in your hands upon
| that subject, with deep, conviction that all
these denials of guilt will pass you as the idle
wind. Gentlemen. they could do nothing else
but deny; they made up their mind to meet
the exgencies of the case and go through all,
and they have only done it.
The counsel read from books the opinions of
old jurists, and especially of Lord Stowel, on
the impolicy of granting divorces where both
parties were at default, or for light causes and
concluded as follows: am about to leave this
matter in your hands, it has occupied a great
deal of your attention; you have been very
kind in listening to the long argument have
addressed to you. / feel deep interest in this
case; and only in behalf of my own client and
in behalf of the complainant but more, in be-
half of this boy and girl, whose lives are in
volved in this suit.
Gentlemen, if we look beyond this case at
the peculiar circumstances of this defendant,
or even of this plaintiff herself, 1 desire to ask
you whether you believe to-day it is best that
these parties should be separated. You re-
member Mrs. Miller says on the day these pa
pers were signed that he sought her in the
most humble manner to remain at home and
keep the family together; for, he says, when
my family is broken up my last hope is gone.
You have seen this defendant ON the stand 1
am sare you have been interested in the frank
ness, the acuteness and intelligence of the
man. am sure you appreciate his sobriety
even since he has been in Court. He has en-
tered upon new career, and wants strength
and coura 5e to pursue it. h wants his chill
dren and the motives which the possession of
his children will bring to bear upon him to re-
strain him from his fault hereafter. He asks
at your hands that you will not take away
everything aud send him houseless and home
| less if without obildren without wit e.
into the community to go down, for aught I
know, to the place from which he is struggling
to arise. i believe to day that the very best
thing you can do for these parties, and 1 am
sure the best thing you can do for these chill
dren believe the best thing you can do for
the community in which they live, for the
peace and morality of society, is that these
parties shall not be divorced at your hands,
There Is the defendants house, as it was when
his vile leftit, scarcely an article has been
moved in it; it has not been rented it has not
been sold; the doors are open and ready this
day to reconstruct that family in its old home
if this plaintiff will only come back, abandon
every evil course, which has been dragging him
down deeper and deeper, and help him and
strengthen him to redeem himself from those
haolts of which they complain, and to which
| they have contributed.
Now, gentlemen, ask you whether this APP
| peal to you shall be in vain. Will you say to
this man, Go out solitary and a,ons; there is
| no hope; to you the door is shut forever; you
shall have no happy home; no children, no
| wife; butsalOne in the world you may 60 on
and on; and if you have not strength enough
| to sustain yourself in the course which YOU
have now adopted you must be lost. Remem-
| Der, gentlemen, the ground on which we rest
this case is that this plaintiff herself has con-
| tributed to the very acts of which she COM
plains, and that by the long experience of
| courts and men familiar with this subject she
| has no right to ask at your hands verdict
when her own hands are not clean; when she
| IS not free from offence herself.
| l leave this case in your hands; have dis
| charged my duty to the best of my ability;
| simply leave to you, addressing myself to YOUR
| conscience and your judgment, that you NAV
| say what in your opinion is right between these
| parties
| AT a quarter.past Mr.. Baker concluded his
very able tclosing argument for the defence, of
which the above is but an outline
At 35 Mr.. Strout rose to begin his closing
argument for the plaintiff, but after speaking
about ten minutes suddenly complained of the
heat and closeness of the atmosphere of the
courtroom, and called the attention of the
Court to the fact While the windows were
being opened and the room ventilated. Mr..
Stront suddenly become faint and would have
fallen to the floor but for the timely aid of a
| gentleman close by who caught him in his
arms. In moment he recovered sufficiently
to walk into the Judges chamber, from whence
after brief time, he was enabled to proceed
| home.
| Watfor, s,,o l.