27 February 1849 Bklyn Eagle Con't THE HEMPSTEAD ARRAIR -- CONTINUATION OF MR. MILLER'S EXAMINATION The examination of Jonathan MILLER for arson and murder, was continued yesterday at Hempstead Court House, on the part of the prosecution, but so far nothing has been brought to light directly to criminate Mr. MILLER, as connected with the horrid crime for which he has been arrested--indeed, hardly enough to hold him for trial, provided he should make no defense whatever. The first witness called yesterday morning was Edward C. MILLER, brother of Jonathan. He was shown a diagram of the premises, which he said was correct. He had not been at the house since January till after the fire; had worked for Jonathan and frequently visited at his house; Jonathan kept his axe, gun, &c in the south-east corner of the shed-room; was present when the axe [thinks it was the same one] was found in the centre of the large west-room; was present when the body of Mrs. MILLER was found. Witness stated several other facts connected with the fire, but nothing of importance. James ROGERS testified to having bought a load of hay of Mr. MILLER, at Brooklyn, about 11 1/2 o'clock on the 15th--the morning of the fire. William CREED, who lives about 1 1/2 miles from MILLER's house saw a man passing, with a load of hay, in the direction of Brooklyn [supposed it to be MILLER] about 15 minutes before 4 o'clock on the morning of the 15th. Is not sure it was MILLER,---Elias and Joseph DORLON were both called to the stand, but their evidence was substantially the same as on Friday last. WARREN DEWITT, sworn.--Saw the fire on the 15th; supposed at 4 A.M. DAVID S. CLOWS--Resides in Hempstead; saw the fire about 4.1.4. [?] JOHN FLOWER--Was at the house of MILLER afte the fire a little after 11 AM; saw the ace about the centre of the main building; pole of head down, edge up, slantingly; parts of the wall and rubbish laying over the pole and under edge of blade; can't say there was any wall under the head of the axe. WM. R. EVERETT.--Went to look for Mr. MILLER to inform him of the fire; met him at Bedford, [suburbs of Brooklyn]; asked him if he had heard of the accident or something to that effect; he said he had not; I told him his whole family was burned up; he slacked up his reins and said," How can it be?" witness told Henry NOSTRAND, who was with him, to take hold of his [MILLER's] reins; NOSTRAND got on witness wagon, and witness told MILLER to get in with him, which he did, and then turned round to return to Hempstead; MILLER said twice, "how can it be?" witness asked him [MILLER] how he left the fire? MILLER said his wife waked him up, and he came directly down the stairs, lighted the candle, went to the barn, fed his horses, went back to the house, and took his coffee, then harnessed his horses and hitched them to the wagon, and then went into the house, put on his coat, blew out the candle sitting on the table near the middle of the room, went out, shut the gate, and started for Brooklyn; it was two o'clock, MILLER told witness, when he came down stairs; left home about three o'clock, A.M. HENRY NOSTRAND--Was at the fire at 7 o'clock; went with Mr. EVERETT to look for MILLER; met MILLER at Bedford; EVERETT said to MILLER, "I have found you at last," then EVERETT told MILLER that his family were burned up; MILLER asked EVERETT what time the house took fire; remained in conversation with MILLER but a few moments; EVERETT told MILLER this house took fire between four and five; took charge of MILLER's wagon; MILLER got into EVERETT's; don't recollect of hearing MILLER say, "How can it be?" Here the evidence closed for the present on the ......the District Attorney say-.....[black ink stripe across the page] The Court room.........people, most of whom were MILLER's neighbors, and while they may say there is no positive eveidence to convict, there seems to be a vague but quite general conviction that he is guilty. Transcribed by Marilyn Wright for the Bklyn Info Pages http://freepages.genealogy.rootsweb.com/~blkyn/Bklyn.Info.Page.html