The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1883-01-19
MISS LIVINGSTONES VICTORY.
She is Awarded Seventy-Five Thousand
Dollars for Her Lacerated Affections.

Conclusion of Celebrated Case Against
Millionaire Merchant.
Special Correspondence of the Evening Light.
NEW YORK. January IA little jeweled
bee, fastened on the petals of an artificial
primrose, shone on the trife of millinery
that Miss Alice Almont Livingstone wore at
the trial of her breach of promise suit against
Henry Fleming, the millionaire merchant,
yesterday. She looked worn, and her child
was restless. Mrs Evelina Bliss, her mother,
did not appear. The courtroom was crowd
ed. Henry fleming was with his counsel.
He had testified the day before that he had
gained his information that the plaintiff had
been an inmate of disreputable houses fro m
one Potter, detective, and had promised to
produce the memoranda he had made of the
facts and the detective.
The detective did not appear, and lot Of
memoranda was read. II was in
definite and incomplete. Counsel offered doc
umentary evidence to show that in 1879,
1880. 1881 and 1882, when it was claimed
that Fleming was being blackmailed, Mrs.
| Bliss had received from the estate of her
first husband, Hon. Robert Swift Living
| stone, $4,000 The documents showed that
Miss Livingstone had now $SS,ooo in cash
| in the city chamberlain's hands, which is in
vested for her, and the will and its contents
showed that her father had carefully provided
for her.
The counsel for the defense requested Miss
Livingstone to leave the court room, that he
might be unrestrained in what he had to say, and
| she obeyed. He claimed that the suit was a
conspiracy, and he denounced the plaintiff as
a cyprisn, who, with her mother, had con-
cocted plot to catch Fleming and to extort
money from him. He said there had been no
H. Al l.. IL
| witness to it, Mrs. Bliss, they had not dared to
put on the stand.
The plaintiffs counsel, Robert S. Newcome,
described Fleming as heartless, shameless
roue, who having the inherited riches OF in
dustry and the appetites of self-indulgence,
thought nothing OF wrecking young girls
virtue and then casting her aside.
"For shame, Henry Fleming" said the
| counsel, ''to be so base as to turn upon the
woman who had so confded and trusted in
you and to try and lie out Of the consequences
Of crime by falsely accusing her of being
notorious prostitute, when you knew that she
was innocence itself when she passed from the
keeping of the Sisters into your hands as her
afianced husband, and that she had a pure
and confding soul, ready to cling do you and
love you as sweet and gentle wife"
| Fleming coldly met the lawyers gaze and
sneeringly smiled. The speech of Mr.. New
! come caused the plaintiff, who had returned
| to the Court room,to sob at times, and brought
! tears TO some Of the jurors eyes. The little
infant unconsciously added to the effect of the
| speech. A space was formed in front of the
| jury-box for him and he crawled around from
one lawyer to the other, looking up with
| smiles at his mother. who closely watched
him. When Mr.. Newcome referred to him
he stopped over and pointed to him at play
| with bits of paper on the floor.
Justice Pratt charged the jury that the case
| was so remarkable and o. such importance
! that it wanted their strictest attention and
most careful consideration. The action was
between the plaintiff and the defendant and
no one else, and if there was promise of
marriage and breach thereof, the cause was
between them. The plaintiff was not re-
sponsible for the acts of her mother. If the
defendant made the promise to marry, it is
not necessary that he should have meant it.
If she was led to think that he meant to marry
her, and was led to consider herself in this
relation to him, it does not matter what his
intention was about keeping his promise.
The jury would take the letters to their
room to see which story they harmonized
with best. They had heard the two explana-
tions-hers, that they were the outcome ola
burning heart; his, that they were the senti-
timents of an intriguing, schsming adven-
tureSs. The jury must determine whether
they reconcile with his story or with hers. II
the plaintiff relied on the defendants prom
isea, no conduct of Mrs. Bliss could prejudice
her rights as against Henry Fleming.
The jury went to their room at $40 p. m,
and in few minutes returned with verdict
for $4,000.
Miss Livingstone was making love to her
| little baby in the waiting room, with her
mother by her side, when she heard the tramp
of a throng rushing with cheers to the door,
She was called out by a messenger, and she
came with her baby in her arms. The crowd
made way, and on each side Of the lane that
was formed for her there were men and boys
vigorously clapping their hands.
She colored almost to purple, and her little
one-year-old waved his hand as though he
knew something of his mama's victory. She
seemed about to faint as she entered the court
room, but summoning her resolution she went
| forward. Another case was in progress, but
she was loudly applauded, and when she sank
| into her seat she was too faint to speak
Presently she said
"Has the jury come in 20
eyes" said her counsel.
Sand agreed ?"
eyes"
"What is the verdict %
"Why, don't you know SIS, 900 for you."
Sand what did Mr.. Fleming do!'
81 don't know" said the counsel.
'Pu tell you, Miss" said reporter. ale
just got out"
~