Los Angeles herald., 1891-03-22

admitted that Fleming had expressed
his desire to find the girl, Anna Peter
son, and confront her with his wife; but
he did not know what reason he had for
so doing.
Mrs. L. Fannie Pierce, a severe look
ing, elderly lady, next took the stand.
She stated that she had charge Of some
OF the rooms in the Temperance temple,
one of which was occupied
by N. A. Lyman, the preceding
witness. The defendantcaine there on
Thursday morning last and knocked on
the door OF his brother-in-law's room,
but could not rouse him. and as the
witness passed down the hall he called
her attention to that fact and asked her
to open the door. She did SO. and Flem-
ing entered the room. He soon after
wards came out again and left the build
ing hurriedly. She then went in and
found young Lyman still in bed. The
clothing on the bed was much dishev-
elled and the occupants face was covered
up. On removing the cover she noticed
that his face looked unnatural, and as a
strange odor pervaded the room she put
wet cloth on his head and left him.
Soon after young Lyman got up and she
saw that he appeared to be dazed.
On cross-examination the witness adj
mitted that she knew the odor was not
that Of whisky. She had known young
Lyman for over year and never knew
him to be intoxicated. He had roomed
at the w. G. T. U. building since Febru-
ary 9th last.
w. b. Shaut, a roomer at the Woman's
Christian Temperance Union building,
knew Lyman, and saw. him in his room
at 10 O'Clock on Thursday morning last.
He looked wild and unnatural, and a
peculiar odor pervaded the room. The
witness on cross-examination admitted
that he knew the odoas of various kinds
Of alcoholic liquors, and was quite GER
tain that young Lyman was not drunk.
Miss Grace E. Lyman, remarkably
pretty girl OF some eighteen summers,
was then called and testified that Mrs.
Fleming was her sister. On Thursday
morning last at 8 80 O'Clock she went to
the room of her brother, N. A. Lyman
at the Woman's Christian Union build
ing, and was surprised to find him still
in. She entered his room and tried to
move him, but could not, as he ap-
peared stunned and bewildered. Fear
ing that he was dying she became
seriously alarmed, and cried bitterly.
After a while, however, he awoke
from his stupor, and she left the room
until he dressed himself, then she re-
turned. Her brother talked incohe-
rently. There was strong odor as of
chloroform in the room, and the sheets
were stained as with some drug.
Miss Lyman was very closely exam
ined as to her knowledge Of drugs.
which she admitted was very limited.
She also admitted that she had induced
her brother to sign the pledge because
OF his past intemperate habits. 1t was
also extracted from the witness that she
and her relatives were not on friendly
terms with the defendant.
Mrs. j. B. Young, an aunt of Mrs.
Fleming, testified to having heard the
story from Anna Peterson and her
niece, who was at present residing with
her, and to having had conversation
with the defendant about the affair on
Thursday last.
On cross-examination Mrs. Young
evinced decided aversion to answering
the questions of the defendants attor-
neys as to the feelings which existed
between Fleming and herself; but she
finally admitted that she had lost all
respect for him since his marriage with
her niece.
Homer A. Young, son of the preced-
ing witness, stated that he saw the de-
fendant on the morning train from Pas
adena, on Thursday last, and had con-
versation with him, in which Fleming
asked for the girl Annals address, and
referred to her story as "put up job"
The witness was not cross-examined.
N. w. Lyman, recalled, stated that he
did not know that Fleming was in his
room at O'Clock on Thursday morning,
as he did not awake until. 10 o'clock.
when he found his sister in the room
crying. He had nottouched intoxicating
liquor for over two months past.
The complainant, Anna Peterson, was
recalled at this juncture, and questioned
further as to the assault. She stated,
in addition to what she had already
said, the details of the defendants at
tempt to violate her person, but she
pushed him off, and with tears in her
eyes begged him to 60 away. He prom
ised not to hurt her if she would keep
quiet. She could not get out Of bed, as
the cradle was on one side and he was
on the other.
The witness was subjected to very
severe ordeal of cross-examination, up-
tll sCOuIC dulOuIueu IOT uIuucT, dC U
o'clock, but she stood her ground brave
ly, and did not waver in the slightest
particular from her original statement.
At the close of the Peterson girls tes-
timony the prosecution rested it's case,
and Mr.. Carran moved the court for
dismissal of his client, on the ground
that the evidence was insufficient to
warrant the court in holding him to
ana .er. He also moved the court to re-
duce his clients bail. claiming that the
sum Of $4,000 was excessive.
District Attorney McLachlan objected
to both motions, saying that after hear
ing the evidence, he was surprised to
hear an attorney of Mr.. Carran's stand
ingssay that there was nothing in this
case. He believed that no graver crime
had been committed in this county for
many long day than this, and the case
stood in such shape now that no reason
able man could doubt the villainy of the
defendant. who had taken advantage of
q defenseless girl.
Mr.. Carran argued that the COM
plainant had not testified to any assault
made by his client. 1t might be i'm
moral, but it was not crime in this
country for a man TO ask woman to-
have sexual intercourse with him, and
he submitted that there was nothing in
the testimony to indicate that the