The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-08-02
RECOGNIZING DIR. MILLAR.
MISS HEUsER POsITTpE THAT HE WAS
ONE or HER 1SSfILINTs.
An Exciting and Dramatic Scene In the Little
Court Room In Miiton-A Prisoner show
Ing Hts Hands md Feet to Witness.

An Exciting and Dramatic Scene In the Little
Court Room In Miiton-A Prisoner show
Ing ITis Hands and Feet TO IA Witness.
PoUGHREEPsIr, Aug. DR. Millar, the
young physician who was arrested charged
with being one OF the men who assaulted Miss
louise Heuser. at her brother-in-l0ws house.
in Milton. on the evening Of the Fourth Of July.
WAS examined to-day and discharged without
his putting In any evidence. The discharge
was upon technicaty. and does not
prevent tho hearing OF the case by the
Grand Jury. and this the counsel for tho
people say will be done. A little dngy Justices
Office in Milton was thronged with counsel. wit
nesses. officers. and reporters. and gaping
crowd looked in at the windows and door. Miss
Ieuser entered about o'clock with her broth
er-in-law DR.. IIasbrouck but she hid her face be-
hind blue veil. She took seat directly opposite
DR.. Millar. and after lifting one thickness OF
her veil looked steadily ut the young physician
minute or two. and he returned the look. Miss
! Heuscr was simply hut neatly dressed In n
c0sely-nttng garment Of black alpaca without
ornament and hat that was hidden by the
veil. hut was plainly Of iaunty shape. She wore
! a Lislcthrcad glove on one hand and carried in
/ it the other glove. The shapcy ungloved hand
! did not need the jewels that were on the fingers
| to draw attention to it. As shc lifted her
veil she showed pair OF big gray
eyes. that were solemn enough for Jus
| tees court until some OF the many anus
| ing scenes were observed by her. Then she
| would turn with n sly twinkle in them TO DIR.
( Hasbrouck and instantly look solemnly to the
two Justices again. Her face is oval and pale.
until WEAKNESS flushed the checks. Although
| she had not been in court room before. and
was about to tell an exceedingly, distasteful
| story she seemed composed. and told the story
| OF the outrage clearly ana SLOWLY.
Miss Heuser said that she is'lI years old, and
had lived in Milton since last November She
had been. she said. Mt picnic on tho evening
| Of the ith Of July. and returned about O'Clock
| alone to Or. lInsbroucks. No one was home
| and after lighting the lamp and sitting on the
| front stOop awhile. she went into the pnrlor
cw vat no aSwn and ID ,b Sse PIMA 5 sS
she saii. 81 looked around to the door, There
stood two men. They were masked. Great
black cloths were tied about their heads. was
TOO frightened To scream. hut tried to reach
the window. Theta man came toward me. and
! lodged behind the table. He tried to catch
me-, and ut last did. He sezed me by the arm
and held me-my back TO his body. Then
he MI a sponge To- ny face
II don't know. 1t was wet and pushed it
away twice, Then became dreamy and I'M
conscious like and mad the same feeling that a
person has who goes 10 sleep against his Will
| remember being lifted from the floor. and that
was the last that remember until came TO.
After Miss Heuser had finished this part OF
her testimony she seemed greatly fatigued. and
her face WAS deeply flushed.
Il am very tired" she said to the Justice in
reference 10 his question " but | would rath-
er 20 on until it Is finished. | noticed
the tall man particularly when he was
lodging me about the table, because could
not see his face. and wanted to see IL there
him | noticed that he was tall and slender
that he had small white hands. with fiat nails,
saw through the mask that was drawn tightly
over his face. that the cheek bones were prom-
nent and then the checks cnved in"
Every one looked at DR.. Millar as he sat lean
ing forward upon his umbrella as Miss Heuser
p perfectly s'i' with Dr. Mllars appearances. Then
Miss Heuser said that last Friday she saw DR..
Millar walking IN the village street She was
Lizzie" she said. there is n man who resem-
bes in every way the tel man vino assaulted
That's Dr.. Miilar."
Well. his walk, his personal bearing. and
saw him on the street and was more strongly
impressed than ever that he WAS the man.
court t5 S i that he T IS asked Gen smith
lido" firmly responded Miss Heuser.
| Dr. Millar's face twitched, and hetrhewed Wig
orousy some candy, but when he was told to
staaInd ~, he did 50 promptly
and then reiterated her assertion.
Now look NJ his hand said Mr.. Hasbrouck
Of Randout. one OF counsel and brother OF
DIR. Hnshrouck.
DR.. Millar laid a shapey white hand upon the
table and Miss Heuser bent over 1t. looked at 1t
for some time parti,ularly, at the nails.
" That Is exactly like the hand that saw that
| night she al length said.
| " Now show your feet. Doctor
Dr.. Millar put 9uta footthat a No. shoe would
easily have fitted.
Miss Heuser glanced at il and then said the
resemblance WAS perfect
DR.. Millar laughed and sat down. and Miss
! Heusers examination was over.
Her sister Mrs Hashrouck. corroborated the
testimony about the recognition Of Dr. Milar
in the street. and here the State rested.
Counsellor Williams AT once asked for
the discharge OF the prisoner on the
ground that the State had not proved tho
offence set out in the complaint Assault
with intent TO violate the person" and
the Justice agreed in this view. He said
that the binding aud chloroiorming of IA
woman was no evidence of any such in
tent, because that had been done 10 wom-
en- when robbery was the purpose. The
Justice said that unless evidence was
produced 10 show that Miss Hcuser was
found on the floor with her clothing
stripped from her. they could not hold Or.
Millar on the charge, ana this evidence the
counsel for the people refused to produce. much
to the SURPRISE Of the Court and spectators and
, so Dr. Mlar was discharged.
Gen. Smith and Mcssrs. Hasbrouck and
Brandon. counsel for the people. say they had
the best Of reasons for the sudden step and
that it will be- made plain when the case comes
70 the Grand Jury. Counsellor Williams DR..
Millar's attorney. thinks that the counsel for
tho state took that way OF crawling out of n
weak case, for they knew that DR.. Mllar could
prove an abb.
Counsel Tor tho State say he will have a
chance TO do that.