The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-18
SIDE.
Miss Miller as a
Witness.
Says Father Was Not
Subject to Influence
When He Made His Will That
Is Now in Controversy.
She Never Talked With the Deceased
About the Matter.
She Never Talked With the Deceased
About the Matter.
MIR. Sphinx Also Testified - Latest
Phases of an Interesting Trial.

The third day of the trial of the contest
over the will OF the late John Miller be-
gan this morning with the examination
of Edwin L. Spink,a witness in behalf Of
the sustaining of the will. The court
restricted the cross-examination of the
witness to pretty narrow lines, and this
shut out some eagerly looked for testi-
mony.
Asked as to trouble that took place be-
tween John l. Miller and his father at
the time of the formers marriage, he said
thar the father was very angry over the
marriage. He knew Mr.. Miller, senior,
felt very bad over the articles that ap-
psared in the newspapers in 1878 concern
ing the son John L., and the lattsr's
actions we're described as . disgrace to
his family. Witness said John L. Miller
andhis father were good friends after this
and the father had helped the son out.
Between 1890 and 1893 witness did not
visit John Miller's mouse, but after that
was there q good deal, though ne did not
see Mr. Miller often until the latter's last
ceased were very pleasant. The witness
never said at William Miller's house or
auywh here else that John Miller should
not get his shirts from Mrs. sphinx or
John L. Miller, nor did he say he would
use his infiuencs against John LIS busi-
ness interests.
Mr.. Cushing cross-examined in ssrcas-
tic terms and asked some questions of the
witness as to the blot on the family
caused by John l.. Millcr's marriage. Wit
ness said he ceased to be tie husband OF
Mrs. SPHINX June, 1892. When Mr.. Cushing
wanted to- go into the divorce proceedings
between witness and his former wife there
was objection from the counsel in behalf
Of the sustaining Of the will. Mr.. Cush-
ing argued that as Sphinx had offered
himself as a witness the appellants should
be permitted to prove who was the guilty
party In the divorce matter.
Judge Rogers, however, ruled such
evidence out, saying that in this case it
was not material VINO was responsible for
the row that took place some time ago.
Mr.. Miller took an exception to the
courts rulings.
Mr.. Cushing said he wished to show
that the whole secret OF this will was a
conspiracy between that man who sits
over there pointing to Spink) and this
executrix to get possession OF all this
property. While Mr.. Cushing was in the
middle Of his explanation the jury was
taken out of the room. Everything that
would show the relations that existed
between Sphinx and Miss Miller could be
gone into. Mr.. Cushing thought.
Judge Rogers held as Sphinx was not q
legatee under the will nor an heir-at-lsw
the divorce matter had nothing to do
WITH the present case. Another exception
was noted.
The jury were then brought back and
the cross examination Of witness Sphinx
was resumed. At the time John l.. Mil
Ter was married he and his wife went to
live in his fathers home. not Withstand
ing the feeling about a blot on the fam
lily escutcheon. Witness became engaged
to Miss Annie Miller year ago the eig hth
OF this month and has been a constant
visitor to her. Here the witness broke OF
and wanted to know what was me ant by
constant. He got no help from Mr.. Cush-
ing and said finally he visited Annie one,
two and three times 9 week. his was in
1894 and admitted visiting Miss Miller in
500 and said after littlo hesitation
that he went out with Annie in 1892 and
1891. During part OF this time, he said
be was married to Annie's sister. Wit
ness admitted no went with Annie In
1880 10 entertain monts but explained the
latter was one OF q party OF three, the
third mem her OF which was his own sis
ter and IL was 20 please the latter that
entertainments wero visited. Mr.. Spi NIX
said be had corrcsponded with Miss An
ME Miller in 1889 and 1890 though he
lived I'm the same city with her. He did
not write love letters nor were Annie's
letters very sfectionate. II was disclosed
that Mr.. spink's wife had intercepted
some letters In which terms Of eudesr-
ment are alleged to have been used by
Annie Miller TO Sphinx.
Mr.. Cushing here resumed the exsmi.