The Portland daily press., 1871-02-13

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conduct. 1t speaks with force that no Ian
guage OF mine can augment The only tim
that Jones Miller ever said one word to Gen
Shepley in relation to his coming to his hons
II you believe his statement, was af :er Mr.. FEES
senden,s death and when there was talk abou
Gen. Shepley for U. S. Senator. What was it
Let me call your attention to it, and the CLOS
winch my brother puts upon it. 1t seems tina
before that time Frank Miller came down t.
the house, tired OF being called upon so manl
tunes 10 interfere, cross and testy to Mrs. Mil
Ter, and finds some fault with her; he says t.
her, there is some talk in relation TO Gen. Shep
ley's coming to the house so frequently, but
other people knew General Shepley as 1 know
him, what a perfect gentleman he is, there
would be no occasion for such talk. The cal
was on September Sd. General Shepley wen
right to Jones Miller and told him, hear tina
from some OF your family that Frank has talk
ed about my coming to your house too much
Now if you don't desire it will never ente
your house again. How did Jones Miller trea
it? He said, don't want you to discontinue
your visits. From that time he never wen
there unless Miss Florence or some of her sis
ters was there, or he first aseertained that Jones
Miller was at home. That is the first CONVEX
sation testified to here, and that conversation
took place after the Sd day of September
and after the 9th day of December, wheII
the papers put by us into this case were signed
Mr.. Fessenden died on the 9Th day of Sep
tember, as is perfectly we'll known to you, be
cause twas public calamity-a matter o
grief such as you cannot fail to remember. Ii
was after that day that Gen. Shepley called on
Miller and said to him what he did; Miller pro
tossing to be friendly, protesting to desire him
formed entirely and exactly to his direction,
and from that time to this Jones Miller has
never made objection Or intimated that he did
not desire his presence. Now, if he believed
the charge bis family have made here, why
should be continue his friendship with Gen.
Shepiey, walk with him, employ him as coun-
sci, down to as late as January, 1870? Men do
not act ID that way; the Miller family would
not act in that way; Frank would not act in
that way. One of two things is true, either
his family did not believe that story they tell
here. at the time, or else they have acted to-
wards this woman with cruelty unparalleled
in the history of domestic difficulties. They
never warned her; her mother is here 10 longer
to support her in this trying difficulty; it was
the duty of these sisters, if there was any
wrong, to have spoken to her about it. They
have never done so. The husband never did
except in his drunken rawlings, when he
coupled Gen. Shepley's name with his own
family, with his own brothers and sisters The
papers disprove this charge. Why did he
against his wife's chastity; that it was foul
and malicious SANDER. have shown you the
papers. Gen. Shepley swears his name was
not connected with it; that he had nothing to
do with it. 4,.a, -
Then, gentlemen, I say this charge is found
ed on the most sordid motives, supported only
by this family, and falls to the ground lifeless
-disproven out Of the mouths of their own
witnesses; false, malicious, atrOcious SLAM
der.
But, I do not stop here. It4was for them to
prove it, not for us to disprove it; but the par
ties have upon the stand, and in the most sol
emn manner, with the oath of God upon them.
knowing all the facts-the intentions in their
own breasts-the handspring of their actions
have sOlemnly sworn that they are not guilty
in thought or deed o: this crime which is
charged against them. Never, says General
Shepley, did do an improper act-never did
1 say an improper word; never did 1 treat this
woman in any other manner than as lady
should be treated. Never, said she, never have
done or said anything that am not willing
for the whole world to know. Now, gentle
men, will you, upon your oaths, find that these
two people have perjured themselves in these
declarations they have made2 Miller himself
has never expressed any opinion upon this
matter, not euen to his counsel; and to find them
guilty you must find what Miller himself has
never dared to express to any human being, a
suspicion of hs wife's chastity. You must
Fl nd it, when he has himself declared since
this infamous answer was filed, to Mr., Over
guilty of this crime with which she is now
charged.
You must find it in defiance of that great
principle of female virtue which dwells in the
breast of every virtuous wife. She had two
little children. Do you believe that with the
she would be guilty of this crime? Are you to
infer it? The presumption is all opposed
There is that innocence, that chastity which are
the groundwork of female character and stand
as guardian angels to defend them against any
approach-auy MISUNDERSTANDING that
purity which is dearer to them than life.
Now, gentlemen, / fling this foul charge from
me not only as thing not proved but utterly
disproved by the testimony in this case. be.
lieve it can be safely ead there is no testinonu
in the case achatever tending to shoao it.
Now, gentlemen, what is the verdict that
you shall pronounce in this case? If YOU pro-
nounce verdict of guilty you convict Jones
Miller OF no offence which is not fully proven
upon the stand by witnesses is and matter of
public notoriety. He has been Violent he ha:
been drunken, and it is his act and not ours
that has caused it. You simply separate from
him this woman who has for the last ten wears
borne day after day and year after year the
cruel insults and abuse which he has placed
upon her until he has well nigh crucified hel
love upon the hateful tree of his cruelty. But
if you shall find verdict for this respondent,
consider the consequences which it entails.
You forever cOnsign to infamy the name and
fame of this woman. Remember, also, that
all, all that is held dear to this man against
whom this charge is made, all his past life, all
his brilliant genius, all his great learning are
assailed. To her such verdict would be fatat
Death would be a relief from this last .crue
blow inflicted upon her. By it you consigr
her and her little children to one common
ruin, to one common infamy. The effects can
not be measured. 1t would be an unmeasura-
BILE public calamity, and the public, my brother
tells you, has an interest in this matter which
"a A N 10 10
you, and this respondent is described to you as
being made by this divorce homeless and child
less, that his property is to be taken from him.
1t is said his house stands ready to receive his
been desired that this woman should be taken
back, why, when they found the proof of adul.
terry had failed, had they not had the magnani
nifty to sweep the charge from the record, that
she should not be taken back TO his arms as
a wife whose name was forever disgI laced
through his own act. Childless it is said. Let
me say to you that my learned brother knows
as we'll as l, when he made that remark, that
to the calm and deliberate judgment OF the
Honorable Court that presides at this trial with
SO much fairness and dignity is left the whole
question of alimODy and of the children. Il
this man proves himself the proper custodian
of these children he has right to have them,
and the Court will will grant it to him.
The question of alimony is wholly with the
Court. With the determination of your YER
dict it has nothing whatever to do. 1t at any
future time this man shall reform, the future
custody of the children can be given to him
the Court may at any time change and alter
its dec, ee in respect to them. But will you
send her back and by your verdict pronounce
that she is guilty Of this crime? Will you send
her back to him again? Has she not suffered
enough i'll years that are passed? Shall this
long, long, wearisome, exhausting trial 90 fol
nothing? She has tried as long as any reason
able person could ask. TIE almost sightless
eyes speak of the sufferings she has endured
while with him. Do you believe that domestic
harmony requires; that the peace and tran
guilty of society requires it? Will it add to the
peace of that neighborhood where they resid,
ed, once more to be troubled by drunken raw
ings that shudderingly fall on the midnight
ARP What has she done that this great cal
amity should fall upon her? Her life from
the time she left her fathers house has been a
life of woe and desolation. 1t is as little as
to her; nay more, it is a kindness to her hus.
band that you should find the charge that he
has spread upon the record, and which he per.
mits to remain there now, untrue. The com
munity waits with expectant anxiety the yer.
dict that shall exonerate the parties from
blame. Little childrenin distant State await
with eager hope the telegraphic fash
that shall tell them jury has pronounced in
favor of their mothers innocence. Every con
sderatiOn of humanity, every consideration O
Justice, unite in demanding that you pronounce
verdict in her favor. Pronounce then you
verdict, and let it be such that when the ex
element Of this hour shall have passed await
and have been forgotten, the calm and sustain.
ing consciousness that you have perform
ed your duty to yourselves, to the parties t.
this suit, and to the community of which vol
form part, may ever be present with you.
Thanking the court for its kind indulgence
and YOU, gentlemen, for your courteous atten
t'on ! leave the cause Of my client in you
hands. -.
Mr.. Strout closed at 25 minutes past II, hav
ing spoken in all sig hours and ten minutes.