The Portland daily press., 1871-02-11


hrst instance the affair would have been ex
planned. Why in the name of Heaven if thai
was not an assault gross, unnecessary and un.
provoked why did not Nathaniel j. Miller tell
you on the stand what was its cause?' Thai
was more than four years and if that is moi
cruelty ana abuse would like to know what
E-On, says Mrs. j. +. Miller, she laughed
about 1t when she told it to me, and my learn
ea protner undertakes to argue to you serious
~ that 1t was joke. A Joke! what kind OF a
joke shouldyou think it would be to one of your
wives II you went home intoxicated, some one
OF you, and should throw cup of hot tea
across the table at your wife :?
| nat next? 1t is in the testimony of Mrs.
| Miller that at II clock at night, that when
Mr.. Miller was choking her in the presence of
| her children, that her servant girl went to the
| mouse OF Mi. Weston, that Mr.. Weston went
to the house of j. f. Miller and asked his in
reference against the violence of his own BROTH
er. she relates to you what that scene was; he
| gives different version. am willing to leave
| the two statements with YOU, for Won TO saw
whether the truth is with him or her N. J. Mil
Ter DID not deny this when he was put upon
the stand afterwards. Why did that servant
| girl rush out in her bare feet in that storm to
go to Mr.. Weston's who is relative of these
Millers! But the counsel says if there was
abuse and trouble in the house wby didn't Mrs
Miller send for help. For the same reason that
she did not on other occasions. She had suf-
az iiio anus 50 frequently that she did not
attempt under all circumstances to send out
tor help, but her servant on this occasion fear
ing ior her life rushed out in her bare feet and
at midnight and went to these people, who
should have interfered to.protect her and rem
dered her safe; but Frank Miller was yexed,
He says himself he was tired of their coming.
use his word believe. He said he was tired
OF their coming for him. Tired, tired when his
slster-in-law was in the hands of his drunken
ana lniuriated brother. John A. Emery tells
you that one night about II o'clock he was
aroused by hearing sort of howl; that be
Went to his window and recognized Mr. Mil
iers voice abusing somebody; tells you what
ne heard Remember her little children up at
that time of night; those children he processes
&c. to love, begging in behalf OF their mother,
don't father" and the low voice of that wo-
man in that midnight hour, imploring him to
cesse his violence. Picture to yourself that
scene and carry it with you, and remember
that others beside Gen. Shepley stood on the
in screams that should call for their interter-
ence. And yet with this testimony uncontra
dicted, this gentleman who comes here from
Augusta ana argues this case so well, SO ably,
SO eloquently from the material that he had 70
argue from, has the hardihood tells Won tbst
we have introduced no direct testimony that
he considers should establish the charoa Of
cruelty IN your minds. Setting aside his drunk
enness and profanity, the pallid face of that
woman, the marks of violence on her throat
the torn dress, lay it all out of this case. re,
member in Heavens name, the scene that &C.
CURED in her presence and in the presence of
her children on that summer midnight, AID I
say that you must conclude that she is entitled
to separation from man who can so forget
his manhood and the common dictates of iu.
manity.
AFTERNOON.
Court came in at 3 o'clock and Mr.. Strout
resumed. He discussed further the testimony
bearing upon the charge of cruelty, also the
matter of recrimination, in relation to intoxi.
cation on the part of Mrs. Miller, contendins
that the chrge was unfounded by the testimo-
ny even IN single instance; and proceeded as
follows:
But yet there is another offence charged here
50 black, SO infamous, SO false. that I almost
blush when read the paper that hold in nv
hand. The court has already expressed the
view which the court has OF the propriety of
charge OF this kind, involving the honor
the reputation, the good name, all that is dear
10 man or woman IN this world, upon the re-
cords OF the court and yet that charge is made.
made and retained in this court, after 7 had
stricken the allegation that 1 had made from
the libel in this case, and it remains here unon
the MES OF this court as an answer, and has
gone before TINS community and the world as a
charge which is made against this woman and
against gentleman whose name is associated
with hers in the charge.
Now, gentlemen, before proceeding to dis.
cuss that, want you to remember one thino.
want you to remember that this is Mr.. Mi,
ler's case on trial, and not Judge Sbeplev's. II
is true, gentlemen, that he has stake in this
matter that is dearer to him than life. 1t is
true that would be willing upon this testimo-
ny TO leave that question to iury composed of
the worst enemies that he has in the world. /
wou'd leave 1t to those who have the most Sc
we're hatred against him and with the evidence
tnat mas been given in this case. II he was a
party l should have no hesitation for a momant
IN peiievlng that their verdict must exonerate
nun y u rom tnis charge OF adultery 1t is false;
it Is infamous in its conception; infamons in
the way 1T is made, without testimony to snn-
port 1t; unjust to him, and o, thousand times
unjust to her-to her who comes here betora
your hands. f'"'e" III
Now what il that charge? 1t is from their
answer, and the said respondent says the said
Sarah NllllerI in the city of Portland. Mt
DIVERS Tunes within the last three years has
committed C the crime of adultery with George
H., =, Snepley Ihat IS the charge that is made,
and 1t is in vain under this idea of recrimina'
tl0n 10 WINK 1t out of sight, that it is the charge
whlcn IS made by them, and it is a CHARGE
which they are bound to support by their testi.
mony, and they should stricken it out and
frankly admit to you that it is an untrua
charge. Now. in order to prove this alleoa.
tion they must prove at some specific Lime or
from circumstances to lead you to believe that
at some time and place Mrs. Miller and Gen.
ohepley had sexual intercourse within the
meaning OF the law. That in plain terms is
the charge that is submitted to you for YOUR
finding. Have they proved it? Have they
proved single act of improper intimacy that
should lead you to say upon your oatbs that
tnat is true! Have they proved it by any cor
respondence; have they proved it with tie ex
ception of the dim vision of Mr. Daniel Miller:
have they proved any such charge; ary such
act upon her part, even to the resting of his
hand upon her shoulder? Have they proved
any guilty correspondence? Have they bronobt
the servants of the house whom they saw have
been in court; have they called upon those who
would be most likely to know any SINGLE act
which should show that this crime which thew
charge IS true! The servants of the house
usually know IN relation to these matters, if
any one? Have they brought their own sister
their own brother? Has Mr.. Miller himself
when you come to consider the testimony
which is in here, brought any proof to show
that sexuai intercourse ever took place be-
tween his wife and Gen. Shepley? 1 saw that
the whole tendency aud course OF this testmo-
ny dlsproves such charge insteed of proving
Well, now, gentlemen, that charge is made
against Wnomv IL Is made insthe first place
against this woman whose whole life has been
lie OF purity, whose friends, they say, gather
in here to watch with interest the dafly pro-
gress OF this trial; it is made against a man
Who my brother himself says occupies one of
man who is we'll kLown in this community. a
man who have no doubt has had and does
have his enemies; for what man is there that
does notf But Shall be willing to leave this
whole case to the worst enemy that he has in
the world, for believe that he would have
magnanlmty enough not to find verdict
which would consign him to infamy upon such
testimony as is produced here. Who is he? as
have SAID, he has been a member of this com.
munlty for years, son of one of the most dis
tinguished jurists of this State whose yepera-
Die head now is covered with the snowy hair of
age, and who awaits the result of this trial
with an interest more absorbing than words of
mine can express He is the father of two
daughters, he has grand children. Eyerytbine
that belongs to him, life ITSELF all that he has
in the world is embraced in this charge which
is now placed in your hands. And he is de-
barred from coming here as party to this
record to defend himself. He is OBLIGED to
SO young, SO inexperienced as I am He is
known TO you. He has mingled with YOU
When such men as Fessenden or Dehlois or
Willis, those giants of the law we're at this har.
he stood foremost in his profession and among
the lawyers of this day. He went into the
war, and Mr.. James f. Miller went with him
and protessed up to the time of this trial to be
his friend, not that think that adds ANYTHING
to his character. Bnt when he returned. nv
brother sneeripgly says, he talks about his be
ing United States Senator, as if that were a
disgrace to him. I don't think that poltics
has anything to do with this case. T don't
thlnk 1t was fair to make any sneering re-
marks IN lelation to that, in charge like this.
IN matter of such awful and tremendous mag,
nltude as this and that has nothing to do with
ltIRecently, without solicitation on his mart. he
mas been raised to the bench of court of the
United States, and if all reports are true his
reputation stands there as high and unsullied as
rlnr ,vrlNL