The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-30
nor WISELY, BUT TOO WELL"
A Legal Lecture on C0urtshfp
and Marriage.
A Young Bavarian Orphan Charges Her Cousin
with seducing Her-Judge Bedford
Looks the Jury Up for the Night


Fleissg, who was charged with seducing Ida Schwab
on the 81 OF July, 1869.
The complainant appeared to be genteel, mode't
and refined looking ysung lady and gave her testi-
mony through an interpreter In very becoming
manner. She said that she was born IN Bavaria.
that her parents dead and that she came 10 this
country On the "a OF July, 1899. accompanied by
little brother, bringing with her letter to the
accused from her brother In Germany. They ar
rived a. Hoboken on Friday and stopped at hotel
that night end on the following morning messen
rcr accompanied her and her little brother to the
prisoners store. She wanted to proceed imme-
aiatoly Cincinnati where her relatives resided but
Felsslg tusisted upon her rcmalning,with him, and
sent for her trunks she remained at his store
. couple Of hours and then he took her over 10 his
aunt's house. In Third avenue, where she stayed two
days, sleeping, however, ~ a nelghbor's house.
MISS Schwab proceeded TO say that the prisoner was
her 1rst cousin, that he wanted to marry her, and
while In the paror sitting on lounge he accom-
plished his desires, saying, rs .tss.is- .rf,
'lLL MARRY YOU ANYHOW"
The prisoner induced her little brother to leave
the room by giving him fire crackers. and MISS
6chwab affirmed that she would not have yielded II
he had not promised to marry her. Upon the fol.
lowing day he went with ner 10 the depot and M
KISSED HER GOoD-BY,
telling her to write soon as she arrived In Cincn
natl. gave birth TO child in March, 1870.
Counsel for the accused subjected the young lady
act committed was done forcbly, against her will, he
holding his hand over her mouth.
DR.. Kitchen, a physician at the Ly1ng-in Asylum In
Lexington avenue, testified that Miss Schwab was
patient at that Institution and gave birth TO child
Moses Schwab vas the next witness whose state
Ment confirmed the testimony Of the complaining
witness a. me conclusion Of the testimony fer the
should take the case from the jury, because there
was no confederation u the complaint The motion
AehfJ Siessig then took the stand. and In 49,
q S AkD ySSe eSSv bs aoos o.,sA
property, and did not at any time promise to marry
her. On the nth OF January he was arrested by
MAIDEN lane. and asked to marry Miss schwab,
which he refused to do, whercupon he was taken 70
first time after parting with her, he met her. He
was there charged by her with at cta wH
MAKING HER UNHAPPY
which he denied, and again refused to marry her.
ne was then taken into custody, but subsequently
Assistant District Attorney Sullivan subjected
Fleissig to severe ordeal. The latter answered
many Of the queries Of counsel in an nsolent tone.
number Of witnesses, who were engaged in the
bronze powder business IN William street, testified
TO the good reputation OF the defendant, who was
engaged In the same business.
Counsel for the accused read the testimony Of
Herman Fleisslg, which was taken by commission
the prisoner and had AIKEN improper liberties twice
with Ida 6chwab IN his father house, ana that she
acknowledged to nm that previously she had had
carnal acquaintance win a younger cousin named
Judge Bedford intinated that. al there were
number OF cases on the calendar for Wednesday,
This case must be finished that evening. Accord
ngy tie court took recess for half hour, alter
which the summing up OF counsel took place.
srxGmsnt IN favor Of nls client followed " Assist
aht Dlstrlct Attorney sullivan, whe launched
THE CURSE OF THE LAW
against the seducer, and In eloquent terms, argued
ra cd In srpItit nf fhn
accused. ta & tt
Judge Bedford, in charging the Jury, said that the
statute which The Legislature in is4s saw &c TO pass
whose object and ann was for the inture
PROTECTION OF FEMALE VIRTUE,
the brightest Jewel IN the dadem Of woman: me
jury mad to pass upon two questons:-Frst, the
question VI cretlbllty, and secondly, II the female
Is sufficiently c0roborated under the statute, which
SAID that no mar could be convicted OF seducing
Chase girl under promise OF marriage unless the
prosecuirix be corroborated by other evidence 7he
accused emphaticaly denied the gravanlen OF the
which 81 the e wesses tod the truth 70 His nonor
said that that late hour OF the evening he would
Jude 70 tue two facts proved by the prosecution,
which might go to corroborate
THE STORY OF HER WRONGS,
the birth OF child in MDrch and the fact that when
her lIttle brother returned to the room where his
sister and the prisoner were sitting together be
found the door locked The Judge called attention
10 the prisoners good character, and said that all
reasonable doubts were TO be gwen to him. In con-
opinion that the prisoner committed perjury 1t was
high time for them. as law abiding citizens, to
promptly render verdict, to let 1t 20 forth 10
the world that when men, who will win q young
girls confidence and rob her OF her virtue apd then
betray her simply because she yielded brought
TO trial by the District Attorney, twelve OF his peers
will deal with him according to law.
The jury retired At fifteen minutes to seven
O'Clock, and alter being absent twenty minutes, re-
turned to the court room and asked for further IN
structiOn respecting the question OF cOrr0boratiOi
Counsel Tor tue prisoner made several requests
0h0 Nf4sr > ,e'~- $50. ~
Z noah QUITE COLLOQUY tts ra
took place between the jurors and the prisoners
council Judge Bedford In his usual lucid manner,
endcavOred to answer the questions Of law pro-
poundea to him. The jurors again retired to their
loom for consultation. Previous to doing 80 the
foreman said they were all agreed 10 the question
OF sexual intercourse, but some OF them were not
clear "a TO the corob0rative evidence respecting the
promise OF marriage. Judge Bedford alluded 10 the
two letters written from Cincinnati to the accused
in which Miss Schwab said 1t her 'frst duty" to
write to him and TO the remark Of the prisoner at
the cars that he would come soon after her.
The jury not having agreed at half-past eight
O'Clock his Homer fet IT TO be his duty keep them
together for the night ~>. 4 -.sgr "te