New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-11
TILE LIVINGSTON FLEMING SUIT
ALL THE TESTIMONY TAKEN.
A SERIES OF DAMAGING ASSERTIONS AND FLAT DE-
MAILS.


SERIES OF DAMAGING ASSERTIONS AND FLAT DE-
MAILS.
The evidence in the suit OF Livingston y!. Fiem
ing in the Circuit Court n , SiOOsln sues Henry
R Fsnns c pGs1SSR' Of No. Y2e Pssrst
this city, to recover $1,000 as arraee was con-
cluded yesterday, and the arguments 10 ane iaS
will be made to-day The interest In the aesas "a ~
the doors were besieged all day. Only four VII
nesses were called. namely the plaintiff ths h
fendant, the doctoran The purse VINO a''e"''D
plaintiff when her childwas born .ho
At the opening of the proceedings yesteta a .n'
counsel for the defence moved 70 DISMISS tne hs
but the motion was denied MISS Llvl tra hand.
writ;ng She was accused of looking at nef
mother before testifying and indignantly den,ea
1t. Henry Fleming the gbc dsi0 he began on
Tuesday After identifying letters IRON Nils rco hs
the plaintiffs mother he tes1ned lnat ,io od in
occupied in her house at Toms RIVER al Issi
decent pictures After the time june y, looa'
when he passed the night with bliss LivinH9S hn
she and her mother begin to threaten mn.
sa;d that Il he did not make suitable arrangements
they would make trouble for him. Nothing was sau
about marriage. He aiterMard caiieu UPON UPON
them at the Grand Bouevara n9'v !, anu tha nres
~ pay aS, %1o vas bepnn lie paid first in bs and
then IN checks two of which were produced ne
lent $3.50 TO Mrs Bliss at one time ana LOOK more
1Ur It, %hdh kent Mrs English, where her
child was born. She assumed the name OF Lawrence
He did not suggest II. The house was one u A.
fame Her mother took the name OF EdWards:, Az
that house the mother and daughter quarreiled oe,
cause he went out with the former nrs. Diiss .o
her daughe that she was TOOL va nav hivinaspon
charged her mother with intimacy WITH the VIII
ness Mrs Bliss said that he must buy the pam
m house worth $i0o oUa i ber swver had deed
readv' The witness dId not see the pap T or sign
H. He maintained hls intimate relations "ith tne
nlaintIff while he paid her $50 "a week - = -,
Tho dcfendant was crossexamned by II. S. New
comb He said that he was twenIy-eigh Years o,
age and had been brought up III tne EpIscoP IN
GInrch of which he was not now n member lie
believed in future rewards and punishment ne
maintained that il the plainilh and MOI lie VINO
propo cd going TO hotel on the hignt Wien t, sa
n-imaie relations beg n. lie thought before mat
time that Miss Livingston was very free WIN MIN
lie never promised to marry her. ana was not tue
father of her child lie was preseht Mngn ~ . M'
lie id not know OF LIS own knowledge that she
was of bad character before that time. lie denied
nps dnring her confinement From Miss Lying
stons letters he concluded that he was 10 nc Dack,
mailed but he answered ench one, ana conunurtu
his relations with her. lilo believed she mao oeen ~
bonses Of lll-fame in 1879 1850. and 1881 aud the
hons@s were in Third. Marion. and Cldrkson-sts.
His knowledge on this point was received IRON an.
detecfive lie further stated that he believed MISS
TSvinos was IN Mount st. Vincent Seminary In
1879. tn. NJ. ,,i,ce,or never
| The witness also said that MISS Livingston h.Nei
refused 10 marry him except in one OF her letters
When they went cut TO tho hotel on June II; 1851,
| II was at her request and their Intimate teiatoh'
| we're request d by her. A.. ,,oin,;e
calling her "My dear Alice" and showing affection
| written after the former proiessed 10 oeneVe
he was being blackmaied, we're read IN Ell Ell
! dence The witness said they were untruthinl lei,
wished not TO be compelled TO. He felt g, oeraded
by having TO call her his dear AGe S uI her
| At this point there applause IN the couri
| room. and Judge Pratt threatened to clear the gal
leres After The oaGS Was GSr eye so day or sent
| n note saving he could not come, though ne De
/ iieyed the child was not his lie further stal eo
that he knew that the house IN wCn sue b ms y
| designation. The case for the defence was 'hci
rested. . - a. .,d Mica I II,
in0s on said shc did not desire to change word o.
| her testimony after hearing Mr flemlngs' Sn'
denied in detail mis- contradictions OF net etlueno
| When they went TO the hotel II was ut nus request
| No threats were ever made by her or her in0'hcr
| She was never intimate with inc men nc na'
named. The only money she ever na e from h MI
| and $50 to pay for two dresses which nc gave her
| Fleming suggested that she should take tn
| name az Mrs Lawrence. lie once said 10 ne
that il she would 90 20 his Office and ign SOM
| n,ners ne would mention her name aud the DaDy
| In his will She never had any intimacy WIN mn
save at the time charged ~ me r E,c,, nm
Miss Livingston further testified that she wa
horn al No Ia East Thirticth-st. and her fafhe
was the Hon Roberr Smith Livingston sh
had lived at his country home, Almont' IN clutches
aoanty. After her fathers death. when sh
vas FIVE wears old she lived Will
her mother at the Union square Hotel, the splng
| Ter House end other places IN this city, she wen
to public and private schools and aiterward t'
RINGERS Institute aud Mount 81. Vincent Seminary
Since 1877 she had lived at Toms uyor. n. D., saw
when she was al school in 1879. She was twenty
one years old IN July, 1852. She never lived II
| Third Marion OF ClHrkson-sts, this cry. lie
mother formerly Miss Evena Davis, married he
10 counsel for the oefeuce the witness said that
while her mo. hers divorce from her second nus
band. Bliss. was pending. she and her mother cam
in this city and stopped at the same house wher
he VS. There being no further with sscs the cas-
was closed. Sir. Howe, for the defence offered
submit IT to the jury without argument but IN
plaintiffs counsel slused TO agree 10 this anu III
arguments will be- made To day.