The Portland daily press., 1871-02-04

ed ITO withdraw the case,' but he "was urged
to it,; have seen Miller "grit" his teeth 10 his
VIE when ne mas been intoxicated; never
beard him threaten her lie.
Witness on crOss-examination stated that
she had seen Miller intoxicated almost every
day for three years she was accustomed to Wis
1t Mrs. Miller's every day at some hour;he was
intoxicated in his own house; never knew that
Miller had always been subject to fits; Miller
and his wife frequently came to witness house
TO card parties; liquors were sometimes intro
duned; WINE. champagne and whiskey, Mrs.
Miller rarely partook have seen her take whis-
key; have not been a great deal at Mier'S
house house on social gatherings; liquors were some
Times produced but not frequently. Mrs
Miller seldom partook; don't remember that L
ever he ard her request her husband to- bring the
liquors; have been there often with Mrs.
Miller alone. She seldom drank liquors;
perhaps twice; witnesses intimacy with Mrs.
Miller continued with brief interruption of a
few days until Mrs. MS departure; saw Gen.
Shepley at Mrs. Miler's occasionally: not fire.
quently; have gone there of an evening and
found him there; the gas was turned on. Gen.
Shepley has been at our house frequently; he
has never been there with Mrs. Miller alone.
Never noticed that when he and she were
there together, and Miller also, that Mrs. M.
took Sbepley's arm on leaving in preference to
her husbands. The conversation with Miller
in regard to the libel took place in my fathers
testify positively to any words additional 10
those above given.
Direct resumed-In the circle of society in
which we move, liquors are common.
Mildred Dyer-Am daughter of JOS w. Dy-
or: went up to Mrs. Mller's house for Mrs.
Hudson's little girl; heard a woman's scream;
went home and told of it; Mrs. Hudson could
not go; Mrs Inman and went back, and Mrs.
Inman turned the door knob Mr.. Miller
opened the door and saw her and shut it s Mrs.
FAN( rbftp nlynn iprsf In
man pounded on the door and said if he didn't
open the door she should call the police; he
then opened the door aud let her in; saw
Mrs. Miller lying on the front stairs with her
dress torn. and Mr.: Miller standing over her
with his sleeve rolled up to the elbow; Mr..
Miller stayed there few moments and then
went into the parlor; saw red marks on Mrs.
Miller's arm.
Cross-e1amined Mrs. bennett was stand.
ing at her steps; she came in before we left;
followed Us in; when entered the house Mrs
M. was crying; Miller had his coat on; the
sleeve pulled up to the elbow; one sleeve of
Mrs. Miller's dress was torn almost entirely
out have been in the habit of seeing Mrs. nj.
frequently within the past three years; never
saw her use intoxicating liquors, neither at her
house or ours; have seen her in company with
those who used it; never saw her produce it
at her own house; hav, not been often present
at their little social gatherings; never saw her
under the influence of liquor; never have made
any such statement; never said that she came
to our house acting like person that had been
drinking; have never talked with Mrs. Miller
about this trial. nor what would testify to-;
have talked with my sister about what knew
have not visited Miller's house on an average
once week for three years; don't remember
that ever saw Gen. Shepley there; Gen.
Shepley and Mrs. Miller have been at our
house.
Mr.. strout offered the following document,
to which Mr.. Baker objected. The court ad-
mitted the paper.
PORTLAND. Sept 9, 1869.
Whereas, differences have arisen between the un-
Sarah e. Miller his wife, which render It necessary
and proper that separation shall take place be-
tween them, the undersigned hereby agrees with the
his house, where he now lives in Portland suitable
maintenance and support, having regard for her po-
sitlon In society and her former method OF living,
and viii provide for her clothing and medicine and
all other necessares and comforts in the same man
ner as she has hitherto enjoyed Them and attendance
done; and that she shall have the use and
of his said house; that he will occupy a separate
room from his said wife and reside in the house
with her, and that he will in instance modest or
disturb her or force himself upon her society except
with her full leave and consent
He further agrees that she shall be mistress OF her
own action TO come and go when she peases, receive
visi's from her friends and relatives without hind
rance or molestation by him, and have the control
and society OF her children.
He further agrees that he will never ag ain enter
his house or her presence intoxicated and that he
will hereafter treat her kindly and gently and with
out violence, or prOfane, obscence or abusive Ian
guage in her presence in the preSence chill
dren.
And if he violates any OF these agreements he
agrees that she shall finally separate herself from
him, take With her her property, have control and
custody of her children, and obtain divorce with
out opposition on his part.
VI. MILLER, JR
CHARLES PETERS.
Deposition OF Mrs. Mary G. Fox read; am
wife OF Henry Fox; lived about one block from
Mrs. Miller. Have known Mrs. Miller ever
since she moved into the State street house;
have been intimate with her until within a
she attempted to nurse the infant but found it
impossible to do so; she suffered great pain
counsel tor the respondent objected to this
last answer; Mr.. Miller showed marks of vio-
lence on her person. This was a year ago last
spring. Deponeut testified TO Mrs. Millers ex-
cellence as hOusekeeper, her neatness in per-
sor and with respect to the children; did much
Homework herself and made her chlldren's
Clothing The dep0nent testified to Miller's
drunkenness at Browns Hall; never knew
Mrs Miller to use unk.nd language to her bus.
band; never saw Mrs. Miller drink any liquor
but once, aud that was at my hOuse-a glass of
heht wine which my husband bought for me
alter ! Was sick aud 1 gave her glass myself.
The deposition attests to Mr.. Miller's habits of
intoxication.
Mr.. Strout, for the libel Mt proposed to rest
Abe case fet their sii-. reservbg the rsisiiv 70
OF producing rebutting testimony. Mr.. Baker
remarked that he should confne theilbellant to
rebuttiDg testimony, after the close OF the re-
spondent's testimony. The Court sustained
the proposition ,whereupan Mr.. Strout remark
ed that he would call one more witness in the
morning.
The Court then adjourned.