Los Angeles herald., 1891-05-14
HE sWEARs INNOCENCE.
FLEMING DENIES ANNIE PETER
SONS STORY IN FULL.
He Testifes in His Own Behalf-His yer-
sion Of the Incidents of That Eventfui
Night-The Case on Again Today.


Peterson, being still on the stand in
cross examination.
No points of fresh importance were
brought out, however, the witness keep
ing well. to her original statement and
not tiinching in the least under the most
persistent cross-questioning, and en-
phatically deniing that she had received
or been offered any money to induce her
to prosecute this case against Mr.. Flem-
ing.
Mrs. Lydia Ellen Young was called
and testified that the defendant had
called upon her few days after the as
sault is alleged to have been committed,
and had then requested her to use her
influence to have proceedings in the
prosecution of the charge against him
postponed, at least until after the settle
ment of his difficulty with the Chautau-
qua Association. Yes, the witness was
related to the defendant, being his aunt
by reason of his marriage to her niece.
DR.. James H. Schoultz was sworn and
testified that he had been called upon
to treat the complaining wit
ness and had examined into her
physical condition. 1t was then
about ten days after the alleged as
sault. The witness had found the
woman's lungs sore and she complain
ing of lameness in the chest and
shoulders. The greater part of the physi-
clans testimony was subsequently
stricken out. The people rested.
Attorney Carran, for the defense, then
asked that the jury be removed from
the court room during argument on a
10 nG % olyn hn
Jury retired and Mr.. Carran then moved
a verdict OF acquittal for the defendant,
and numerous authorities were cited in
support of the motion, and it was finally
submitted without argument.
Judge Smith occupied some ten min
utes or more in rendering his opinion,
and denied the motion, an exception to
the ruling being noted for the defense.
The defendant and his counsel then
withdrew for short consultatiin into
the Judges private chambers, and upon
their return an attempt was made to
place in evidence the reporters tran
script of the prosecuting witnesses testi-
mony before the examining magistrate.
This was objected to by the district at
torney, but after short but spirited
argument it was stipulated that such
portions as had already been called to
the attention of the prosecuting witness
be admitted.
James Nielsen was then called as the
first witness for the defense. He had
questioned the complaining witness con-
cerning her troubles with Fleming 1t
was some days after the time of the
supposed assault, and WITNESSES g inquiries
were prompted by the story as told by
Miss Peterson to his wife, and later by
her to witness. He had then given her
some advice, but had not told her to
have Fleming arrested.
| The witness was closely questioned
ana examined in regard to a certain con-
versation which the defense wished to
prove as having taken place in the law
Office of Mr.. Pendleton. The witness,
however, denied all knowledge or recol-
lection concerning the conversation in
question, and Attorney Pendleton took
| the stand to relate what was said at that
time. Upon an objection by the prose
cution, however, sustained by the court,
Mr.. Pendleton was barred from testify
ing in the matter.
The defendant, Samuel ]. Fleming,
then took the stand and testified in his
own behalf. The majority part OF his
direct examination consisted OF rela-
ton by him of his early history and of
his various occupations in this city,
when he was first a reporter, then a
preacher, then manager OF the Chautau-
qua, and now finally the defendant in
this case.
"No," said the witness, 'I know moth
| ing about the circumstances in regard
to which the prosecuting witness has
testified, nor of the crime with which |
am charged On the night mentioned in
| the complaint, came home late and
found the girl, Annie Peterson, in my
room instead of her own room, and she
said it was because the baby was sick
and she wanted me to see it. | examined
the child but could find nothing the
matter with it. No. l did not give her
any medicine for the child that night,
but think my wife did the next day.
! Annie asked me if wanted my lemon
ade, and l said yes, and she got it for
me. | always had lemonade before 60
ing to bed.
mo. l did not kiss her, nor try to
kiss her. | did not take her on my lap,
either; that part of the story is all lie.
After she got the lemonade she told me
that she would sit up with the baby,
and that l had better 60 to
bed in another room, as | was
tired. She fixed me bed and
1 went to bed did not see her again
until the next morning. That is all |
know about the case. L swear it..
On cross-examination Fleming stated
that he had been and still was manager
of the Chautauqua circles of this dis
trict, but denied that any criminal
charge, such as defalcation of funds, had
been brought against him by the So
cety. He had also been the organizer
of the star lecture bureau, having charge
of its affairs in Los Angeles. A question
as to whether the "star" was the same
concern that had victimized so many
people who bought tickets to lectures
and concerts which never took place,
was objected to and ruled out by the
court.
When questioned as to the relations
of the prosecuting witness, Annie Peter
son, in his family, he said that he had
always found Annie to be a faithful SER
want, though somewhat spiteful at
times. She had given notice that she
was to leave on the 30th, but on the
Monday after the night the baby was
sick she said she wanted to leave at
once.
Fleming was still on the stand when
court adjourned until 10 am. today.