New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-12
MISS LIVINGSTON SUCCESSFUL.
A VERDICT FOR $4,000 AWARDED.
A BROOKLYN JURY's OPINION OF HENRY FLEMING
AND HIS TESTIMONY.

VERDICT fOh D|O,Ooo AWAhDbD'
A BROOKLYN JURYs OPINION OF HENRY FLEMING
AND HIS TESTIMONY.
Miss Mary Alice Almont Livingston was awarded
Yesterday verdict for $50, 900. the full amount OF
damages claimed in the suit for breach OF promise OF
marrIape and ,duction, BROUGHT by her against
HWY Fleming, the wealthy oil dealer,
which has occupied the attention OF the brooklyn
daughter OF the late Robert Smith Livingston. of
Dutchess County. and is only tive ty-one years
old. She met Mr.. Fleming II, 1881, when che had
Seminary Sem On June u, 1881. she was be-
frayed by him at a hotel in this
city, where she passed the night with hun after
born in the following January. The defendant re-
fused to marry her. and the defence set MP the
claim that the plaintiff was Of bad character but
he could only support his g atement by alleging his
information and belief in regard TO II.
At the opening of the court yesterday the num-
her Of spectators was no less than 1t had been on
other days of the trial. memorandum from de-
tective was produced by the defence to corroborae
the defendants statement as to the character o. the
pl'intif but i rroyed nothing The q, defence .L sd
tif's r1ther received from her estate $4,000
for Mss Livingston. while i t,.o,. was
the defendant. The case was summed up for the
defence by w. F. Howe. lie reviewed all the de-
tails and called attention to the fact that Mrs
Bliss had not been put upon the stand to corrobo-
ra the plaintiffs testimony. The summing no for
the plaintiff was made by r. s. Newcomb. In
scaihing terms he denounced the defendant and
his efforts ~ blast the fair fame of Miss Livlngs-
ton who had her child in court with
her and listened with tears In her eyes The law
yer led upon the jury TO give justice 70 beth oe
the latter as base villain and eOnsummate scoun-
drel. dangerous 10 the peace of society and home:
In charging the jury Judge Pratt SAID that the
cas- was of great importance. The matter to he de-
termined by the jury was s'lely between the
parties to the, suit. and rested upon the
marriage had been made aud broken by the de
PENDANT The plaintiff was not responsible for what
her mother might have done aftcrward The bur
den OF proof rested upon the plai till. The dscrep
aDcy OF one day between the dates IN the complaint
and tie testimony in regard to the betrayal was i'm
material Ii an uniulhIied engagement 10 marry
was proven, that was enough. IL was not necessary
that definite time should be set for fulfilling the
promise. The testimony Of the plaintiff and defend
ant did not coincide in more than half dozen
points and the Jury would have to determine which
wa TO be believed. One must have stated what
was known to he untrue. the plaintiff had deep
interest in defending her honor aud good name,
which had been so violently assaulted. and the de-
fendant was AS much interested in the effort TO
show tn at he had committed no crime. while both
were tecunarly interests IN the result. III there
had been no promise OF marriage, the case failed
but IL the Jury believed there had been promise
tho breach of IT was conceded. In assessing dan-
ags the seduction. the child and the general effect
upon :he character and prospects of the plaintiff
were be considered, well "a uuiustihed attacks
npon her reputation II the jury believed such had
been made. IL Gas on, faii 10 say that there was
no prnof that the plaintiff bad ever been OF bad char
actcr or an inmate Of dsreputable houses. Ms was
set forth IN the defendants answer.
Tho jury then retired Alter celebrating for
nearly an hDuI they returned TO the court room.
Many OF the spectators had Temancdin their seats
TO hear the result With brpathless expectancy the
foreman was heard 90 declare that the verdict was
for the ful, amount claimed $40, 900, and then n
storm OF applause burst FORTH IL was evident thai
the popular verdict agreed with that OF the twelve
occn pauts OF the jury box.
Mira Bliss tho plaintiffs mother, was absent from
the court room In the earlier part of the day having
been arrested in this city on all order granted by
juice Beach 10 the Court Of Common Pleas, IN suit
brought against her by Dora Chrlstine Ranges TO
recover $500 the amount allie ged To have been paid
by her to Mrs. Bliss through the false aud fraudu
lint representations OF the latter The complaint
alleges hat the plaintiff induced by Mrs. Bliss
10 buy a house, which Mrs Bliss pretended 10 own.
and that she paid 500, as part Of the purchase
money The plaintiff aterwsrl discovered that
Mrs. Bliss had no title 10 the premises Judge +.
Daly ordered the release OF Mrs. Bliss on the ground
that she wns nonresident and had been arrested
while passing through tho city to attend tho conrt
in BROOKLYN as witness She was In the court
room when the verdict announced. The PLAIN
tiff's counsel desired to put Mrs Bliss upon the wit
ness stand, and Mr.. Newcomb in his closing argu-
inent charged that the counsel for the defence had
prevented her APPEARANCE In court. Aiterward.
however he withdrew tile statement.