The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-07

To exchange visits Without ceremony. rave
not stated to Mr. J. w. Dyer since the libel
was brought and the answer filed that l ba-
lieved my wife was pnre and vlrtuous; have
not expressed my opinion on this subject TO
any living human being, not even to my owl
counsel.
cause the allegation of adultery? Collected to. J
Six witnesses for the defence were here
sworn.
Jas. q. MIler-Am brother of the respond
ent; up to within little more than u year
offices have been contiguous. separated only
by partition, with door in il; since that
time my office has been one square of; have
seen nv DrOthe- as many as twenty times a
day. Witness testified to the business connec-
tons between n. j. Miller aud his late father.
within the last four years have seen him in
toxlcated; the rule was that he was sober; the
exception was intoxication have seen him in
tox'cated within that time II or IA times; only
three or four times have l seen him incapable
OF taking care care of himself; his habits of in
toxlcatlon have increased have couversed
with Mrs. Nj. in regard to his hab bits; she has
Always spoken Of him as a kind and consider
ate husband when he was sober; frequently
SAID so in substance; have seen her once or
twice week within the past four years. up to
the .time of her departure; she never COM
planned of violence, but said he was noisy and
scolding; was at the house of N. j. NJ. on the
afternoon of Sept. 3, 1869; went at his request
had some conversation with him; did not see
Mrs. NJ F; Mr.. M. was thoroughly sober; my
acquaintance with Mrs. NJ. began on the eve
ming of her arrival at Portland after her mar
riage; from that time to April, 1861, was a very
frequent visitor to their boarding house and at
their bone; was there when company was
present; intoxicating liquors were frequently
used at the U. S. Hotel aud on State street :
whiskey punches were the pet beverages; she
frequently partook when ladies were present
and when they were not in 1861 1 was absent
since August, 1864, until my marriage in Oc-
tober, was there frequently; liquors were often
used and we all drank; within the past three
years have frequently seen Gen. Shepey on
the steps and in the house; almost every sum
rner evening saw Gen. S. at the house when
passed there; in the winter 1 saw him almost
every time l went to the house; do not recol-
lect seeing Gen. s. and Mrs. Nj. alone; have
seen them frequently walking together; with
IN the past two or three years years Gen. Shep-
ley changed his route to his office and went
down Spring street; have observed this; in
September. 1868, had u conversation with Mrs.
Miller in her house in regard to her conduct
and her husbands; did most of toe talking;
was provoked at having been SO frequently
sent for; told her that l had no excuse to
make for him; that change of conduct on
her part would promote peace; that her con-
duct with other gentlemen and especially Gen.
Shepley was town scandal; pointed out the
disparity OF their ages and the difference in
their position, she married woman and he
her course she would go to perdition; the only
reply was raising her her handkerchief to her
eyes
Cross -erdn,iadtion-I have interested myself
in procuring testimony and preparing this case;
acted as counsel in procuring only one deposit
ton; my conversation with Mrs. M. was in
1868; during the early part of the conversation
l was alone with her; while it was in progress
my sister Marcia came in; was provoked be-
cause had got tired of being sent for: had
heard that Irish oir1S had ham Tar,
Mr. L. II. Weston once came for me about
midnight Oh stormy, bOisterOus night to mar
rate a statement which some Irish girl had
Gold another Irish girl who had told his Irish
girl and his girl had told him.
Q-You felt little cross, didn't you?
The witness began to answer-Not only that
[ had been called
Strout-One moment, sir; you are lawyer
and ought to know how to answer a question:
Witness You ought to know how 10 ask a
question; and when you put it without putting
IN stump speech l will answer it. [Sensa-
ton.
Strout Now will you 60 Oh and answer the
question, whether or not you felt annoyed
when yoa went to Mrs. Mller's house next
Al think did, but NOT so much as did
the night before.
Direct resumed Il think stated to Mrs. Mil
Ter how l came there; said nothing about the
trouble.
dent; was connected with my brother in bust
ness from the spring of 1857 to 1861; was after
wards with him and my father in the lumber
business; have lately been in the Internal
Revenue office; the office and his communi-
Gated by door; down to January, 1870 he oc-
cupied that Office and was in his office con-
siderable part of the business hours OF every
day; respondent has been ia the babit of
drinking for six or eight years; in 1867 found
him in the lower part of the town in a condi-
hot l.nI., l..
generally got drunk after noon; seldom saw
him in business hours in condition unable
to attend 10 business; his business was geucr-
ally done by or o'c'ock; after fathers death
Jones disposed of the lumber on hand and
transacted business after consultation with
other members of the family; he drew checks
and had power of attorney: prior to August,
1867, when boarded at No 80 Spring street.
within sight of Jones' house, saw Gen. Shep-
ley at the house two or three times a week !;
usually in the evening; after l removed my
boarding place saw them walking together on
Congress and Free streets; generally in the
afternoon when went home to tea; saw them
riding once on Spring street; have seen Gen.
Shepley go in aud come out q the house ;n she
alter my brother bad left home after dinner;
didn't go to my brothers house often; have
seen Gen. S. and Mrs. NJ. alone after dark,
without lights; also when the gas was lighted;
some time from November, 1865 aud necem-
Der, 1869, on my return from fathers sick bed
one night, about Ii O'clock, going up Park
street to my brothers house, discovered q
couple Of people on the upper front steps of my
brothers house; KNOWN him to be at fathers
where lett him to sit up for the night, thought
something was wrong; went slow and easy;
when l got 10 the gas light SO could see, saw
that it was Gen. s. aud Mrs. M they were
close together, talking earnestly; his hand and
part OF his arm was resting on her shoulder;
presently he left ard l went home; she had Il
hat on aud perhaps shawl.
Cross cI The steps from the house lead
down on to Spring street; there is gas light
on the corner about thirty feet off, which par
TALLY lights up the front Of the house aud the
steps; l think the gas light shise into part of
the parlor threugh the window; can't say what
time of year it was; there was no snow on the
ground can't tx the time of year; was below
Putnam's store on Park street at the time; the
gaslight enabled me to see his arm on her
shoulder; when passed the gaslght looked
at my watch aud saw that it was IL O'clock.
She was dressed as if she had been out some-
where. The door was not open; am quite sare
of this; old not know that Miss Peters was
there aud had Just gone into the house. When
L saw Gen. Shepley and Mrs. NJ. alone in the
house the gas was not lighted; it was summer;
| don't know the hour of the evening;i il was in
| the parlor; don't know whether TIE doors were
| open into the hall; the street gas lights up the
| front parlor so as to distinguish persons, but
does not light the back parlOr; when these per-
| SOUS were sitting in the back parlor don't know
where they sat; don't know that the street gas
| lighted Mr.. Miler's chamber SO that he did not
| light the burner in the room when he retir-
| ed, don't recollect that my brother was carried
| away from the office in business hours drunk
| Mr.. Rollius and walked home with him once
when he was intoxicated; l had him sent to The
| police station once; Miller was not invariably so
Der the whole forenoon don't recoect that Ii,
| ever showed any signs Of drinking Immediate
| y after coming down town in The morning
| have seen other persons at my brothers than
| Gen. Shepley; saw Gen. Shepley there prio
| to August. SO perhaps once week; saw him
| ON the doorstep oftener than at any othe
| place.
| Mrs Oliver bennett (affirmed) Reside at th
corner OF Park and Spring street; next to Mr.
MIlei's separated by the wall ;my house ispar
Of the block tnere is a balcony over the steps
have lived there ever since Mr.. Miller has liv
ed in his house; have never heard any outer,
or disturbance i'll the night; in 18G9-think j
| was September cannot fix the date heard
| human voice in distress in Mrs. MilleI's, ant
went to see what it was; Mrs. lnmau and Mrs
Hudson preceded me; ] entered the house sub
| stantialy with them; Mr.. Miller let us in; W
found Mrs. Miller sitting on the chambe
stairs; perhaps three steps from the bottom, ut
| tering the cries L have mentioned, with he
face in her hands; she continued her cries bu
otherwise did not speak; Cannot say how Ions
l stopped it might have been ten minutes o
less said, L have come in to see you Oh
little business ard want you to go home wit
me-; 4 repeated the remark; tiled to attrac
her attention; don't know whether put M
hand ON her shoulder; talked with Mr. Mile
in the parlor; the door was open; think Mrs
Miller did not hear the conversation; am nc
well acquainted with Mr.. Miller; didn't thin
his being under the influence of liquor
that time; did not notice that Mrs. Miller
dress was torn; she wore calico sack. sac
as che generally Wore when sweeping; hav