Los Angeles herald., 1891-05-15
FLEMING'S DEFENSE.
THE DEFENDANT MAKES AN An.
DRESS TO THE JURY.
witnesses Testify as to the Character of
the ex-Divine-His Theory Regarding
the Girls Story.

The trial OF Mr.. Fleming's case was re-
sumed before Judge Smith yesterday
morning, and the defendant, Samuel ] /.
Fleming, was on the stand in cross-ex-
animation.
He was asked if it was true that he
had been accused of deserting his first
wife, but the question was objected to.
The court sustained the objection, and
the district attorney put the question
Were you not at one time charged by
the Las Vegas Optic with gross immor-
ality?" This was also objected to and
ruled out.
The defendant stated that when he
came home, the next day after the al
legged assault, his wife was gone and that
her uncle, Mr.. Young, was there. They
talked about the story told by the girl.
and witness denied it. The next dav
| again he called to see his wife at the
home of Mrs. Young, but claimed that
he was not allowed to see her. Subse-
! quently the prosecution showed that he
had talked with her for few minutes,
was not shown.
| that day told him that she had long des-
pissed him, and had no use for him.
At the close of the defendants cross
examination, the defense rested. The
prosecution then began the examination
of character witnesses.
Rev. DIR. A. M. Hough of the M. E.
church was sworn, and stated that
Fleming's reputation was bad. Witness
had also heard that the defendants
character was not in strict accord with
his religious professions.
Other witnesses were called, and some
said that Fleming's reputation was bad.
Elder Van Cleve of M. +. church was
called, but upon his statement that he
only knew the defendants reputation
among the members of the Methodist
church, he was not allowed to testify.
Henry Venable was called. and testi-
fed that he knew defendants reputa-
ton, and it was bad.
Cross-examined. No, he had had no per-
sonal trouble with Mr. Fleming. Did
not belong to the Chautauqua association.
Had bought land OF Fleming as director
OF the association, but had not had any
trouble with him. His knowledge OF
defendants reputation was based On
conversations and remarks concerning
him, which witness had overheard.
Mrs. Young was called and testified
that she and her husband had left
Fleming and his wife alone in the paror
on the evening when he called to see
her at the house of witness. No, they
did not return and take Mrs. Fleming
out of the room.
S. l. Merrill was witness for the de-
tense. He knew Fleming and his repu-
tation. The latter was good. No, he
was not in business with him at the
present time. Witness had been secre-
tary OF the Oil Burning and Supply COM
pany, of which Fleming was president.
No, he did not remember to have heard
his reputation called in question.
Attorney Arthur, of Pasadena, and
defendant bore a good reputation.
Ex-Governor Lionel Sheldon, of New
Mexico, was sworn and questioned as to
Fleming's reputation when he lived at
Las Vegas. The witness was not very
decided in his statement of opinion.
The defendant was at that time conduct
ing a newspaper at Las Vegas, rs miles
from the seat of government at Santa
Fe.. From what witness knew, he con
sidered the defendants reputation at
that time to be good
No further testimony of Importance
was introduced, and Judge McComas
began to sum up the evidence, his ad
dress to the jury lasting perhaps half an
hour.
Following Mr.. McComas the defend
ant himself addressed the Jury in his
own behalf. He spoke earnestly and
with not little eloquence, referring
briefly to the feeling manifested against
him by several of the witnesses, par
ticularly certain members of the Meth
odist church. Mr.. Fleming then began
to handle the testimony as brought out
during the trial, and dwelling with
earnest emphasis upon certain portions
of the prosecuting witness statement,
which he claimed was entirely contra
dictory to fact and reason in the case.
He advanced theory, not that the
girl had maliciously instituted this
prosecution of her own accord, but that
she had told the story to Mrs. Fleming
in order to obtain her wages at once and
leave, she thinking that her mistress
would be willing to pay rather
than let such story go out.
And then that when Mrs. Fleming
leID ner nome ana nuSDaHO, In0 SlTl Hdu
stuck to the story to save herself. "This
GIRL" said the defendant, "has sworn
that she did not tell of this assault at
once because she loved her mistress
Such love! Here is an example of it.
She sees her mistress crazed with grief
and driven from her home and baby,
when she could have told the truth and |
saved all pain for her mistress, but did
not! He'll, say, is full of such love as
the affection of this creature" He then
drew graphically pathetic picture OF
his once happy home and its present de-
sertion and emptiness. He closed by
saying that compromise verdict would
do him no good, and that if, as an limo.
cent man, the jury could otacquit him,
then he wanted them to render the true
verdict as they found it on the charge |
before them.
District Attorney McLachlan will |
make his argument this morning, an ad-
journment having then been taken till |
10 O'Clock today.
To Answer for Arson.