The Portland daily press., 1871-02-13

Gen. Shepley left before he had time to CREEP
up and go by watching for something to speak
against the fair name of this woman. May il
not have been that Gen. Shepley put out his
hand to reach the knob of the door to turn i;
for her to go in. Miller says the light was un.
certain. May it not have been his own inter
est in this case and the interest which his fam
| lily feels has clouded his vision little and col
ored his statement?
| But there is one circumstance connected
with this which is stronger than any living
mans testimony to disprove this charge could
be. They charge this as one of the crcum
stances which go to show the commission of a
crime. Now, gentlemen, bear in mind that it
is testified here that Gen. Shepley knew N. j
Miller had gone down to his fathers to remain
that night. Gen. Shepley was at the door,
and Miller testifies that in a few moments he
left and Mrs. Miller entered her house alone.
Now if it be true as they charge that General
Shepley was seeking these opportunities to
commit a crime, why in the name of all that is
reasonable had he not entered the house with
her instead Of stopping on the public streets
| ana upon public corner, INDUCING in what
they ask you 20 believe were familiarties
when, as my brother sneeriDgly says, "the
coast was Clear There can be no stronger
testimony. of the purity of the conduct of
these parties than this which they have pro
| duced upon the stand. Look at the acts with
any other motive than to find some occasion to
| censure; look at them as reasonable men, and
they lose all significance and sink into acts of
| cOmmen occurrence. l am surprised that they
can lind no more upon which to hang an argu-
! ment. More suspicious circumstances can be
| found in the life of every man.
| Here, gentlemen, comes another piece of tes-
timony from the Milers, who seek from sordid
| motives to make this woman Kissing and a
| scOrn. Henry U. Miller comes from st. John
here to testify to this very remarkable circum-
| stance: He says that one evening, he thinks it
| was in the summer or at time when Marcia
| Miller says it was customary in that house in
| the early part of the evening not to light the
| gas; he says he and his brother came in and
| passed along the hall; that the hall door was
| open, and the servants of the house were pres
emit. They say the light " as turned down, and
| just before he came in it was suddenly turned
up, be thought; Gen. Shepley appeared con-
fused. Is it not possible, gentlemen, that hav-
ing made up that ''little JINGLE with his
brother, and as he says buried the Ratchet,
that with his strong bias which he has against
this woman, that he colors this circumstance
little? Gen. Shepley testifies that there never
was time, land my brother don't dare to cross
examine in relation to it, when he exhibited
any embarrassment, or when there was any
cause for embarrassment; that there never
was time when any improper act took
place between them to cause embarrassment.
Mrs. Miller testifies there was never any i'm
proper conversation at that time or any other
time. There were two chairs standing apart
III tue SAINT TOOul, anu Luey seize upon LnlS
circumstance to show the fact of adultery.
Well, gentlemen of the jury, I am not aware
| that the fact that two people have been sit
ting in room in the early evening under the
circumstances, without the slightest act of inn
prOpriety or familiarity being shown proves a
crime, or how the jury could find a woman
| guilty of crime upon such testimony as that.
1t may have been true that Gen. Shepey was
| shown by the servants into the parlor, or that
Mrs. Miller having been up to put her little
nj TO had dor hat iNnn hnr
| ley might have turned up the gas, and what
| of it? Are you, and is the community at
large to c0nsign this woman to infamy because
of that occurrence. Two persons are not
presumed to be guilty because they sit in a
paror with the door open. Giveing itin it's whole
length and breadth, with all the viger and
prejudice they bring to bear upon it. | say it
proves nothing; it proves negative If it proves
anything. They ask you to supply all the
testimony from your imagiratiOns.
1t is SAID they rode together. The only in.
stance OF riding alone except when husband
and sisters were present within three years
was one instance when Mrs. Miller rode to
Cape Cottage, where her sister Mrs. Nichols
was and back. That you will remember was
in the early part of their acquaintance; and
that when Mrs. Miller was invited to ride by
| Gen. Shepey and Mrs Hudson and she re-
fused, she called her husbands attention to it,
he said she was foolish for refusing. Then not
| withstanding that declaration upon this, in the
early part of their acquaintance, there was one
instance when she rode in the middle OF the
afternoon, two miles in an open country road,
| when people were passing and repassng, in
| an open carriage they bring in that as they
have brought in every trifing thing from the
time of her marriage down to the present,
| every single little circumstance that they jot
| down in their memory and give a coloring to
1t to break down her character in this court of
public justice. Well, gentlemen, people afe not
likely to commit adultery as far as my obser-
| walton has extended in the open day time, up
on public highway where people are passing
| and repassing continually.
Then, gentlemen, they have rung the changes
upon presents. What are they? A bracket
which was given in the presence of her hus-
band and with his consent. A fan was given
l as philopena present growing out of some bet
A little Berlin chain! Well, the General
bought six of them, gave them away to differ
| ent parties, and they cost the enormous and
seductive price of fifty cents each. The next
is some Turkish nonsence, an amulet believe
they call it, which cost two dollars. He gave
his own daughter one, and to others the same
thing as matters of curiosity. These are all the
presents, They undertake to say something
about shawl, and my brother characterizes
himself and his method of trying this case
| dropped out of Gen. Shepley's mouth as to
| who paid tor the shawl" Inadvertently dropped
out! l pat the question to him, who paid for
| the shawl. He stated to you the whole cir
| him. And still my brother has undertaken to
distOrt these facts to you as every other in the
| case. Here Mr.. Strout rec.ed the testimony
and showed that Gen. S. had nothing to do
| with the shawl, and also explained the circun-
stance of the diamond stud, contending that it
was with the knowledge of Miller and his sis
tiers, and was rot of the slightest importance.
But, gentlemen, I wish to take up every
are the flowers that they say Gen. Shepley,
when he came down town in the summer time,
at rare intervals brought to this house, My
brother made q very singular argument in re-
shrewdness or ability. 1t appealed to chord
in your hearts which Twas glad to have him
touch and awaken by the touching. He says
the Language of these flowers and presents is
shat when 1 think Of my daughter when
am away also think of you my friend" All!
gentlemen, those of you who are fathers and
| have daughters, knowing the pure love of a
father for his child, know that no impure
thought is ever connected with your daughter
| or any one naturally associated with your
child. l accept his version of this relation. 1t
could only have been of the same purity of
thought in the one case as in the other. ac-
| cept in this isolated instance his argument and
| I thank him for it, That is all they have
proved, and there are significant facts in what
| they have not proven. How is adultery usual
| ly shown? Can O man ACCUSE you of the
crime. of adultery upon these generalities
| without showing any time. any place, when
/ anu WucTt tudb dCG is COmLulGteu. Ii IL Gail -Ue
if this foul accusation is to be maintained un-
der such circumstances who is safe in the COM
munity? Your neighbor who has some malice
to CRAFTY, some sordid desire, some money at
stake, may bring these isolated circumstances
| which are innocent in themselves, scattered
| over a space of years and charge you with this
! crime which shall ruin your reputation forever
Is it safe rule, conducive to domestic har.
mOny and the peace and morality of society
that such defence should prevail upon any
sach ground? dignity the defence by speak.
| ing of it 80 much.
| Where ale the servants of this house if there
has ever been any improper act, anything un
becoming gentleman or lady committed
| there? Why didn't they produce the servants:
Il BAKER-We found them under your sub
poenas in Court.
STnoUr-Why didn't you produce them or
| the stand?
BAKER-Why didn't you.
STRoUT-It was not my place to produce
witnesses to prove negative. II you charge
me with the crime of adultery and place II
your hands the means with which you car
prove it, if it can be proved at all, then it i.
| your duty to use these means and not leave il
as matter Of inference or argument ! die
summon the servants and bring them here
and brought them hers for that very purpose
TO- you to use if you would. If you
could find anything in their testimony agains
this woman you had right to put them upor
| the stand. 1t was not for us because we did moi
, admit this charge to be true. 1t was not fol
us to dsproye it in advance. ltwas for you tt
prove it it it could be proved at all. brought
J gentlemen, the best means and .proffered it tt
them, and my brother now admits that he Saw
these servants here in this house, and thanh
him tor the admission. Why in Heayen's
, | name if there had ever beer an ~ imprODer act