The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-29
FLEMING TRIAL DELAYED.
NM. MILLER BRINGS ABOU UT a TEN
PORART

Get His witnesses IN Covrt Pro....
and tho Case Had 60 60 Over AO..
che Horsi-g sessio.-wnchss Dena.t
There was = total collapse at noon yesterday
Of the proceedings In tho trial Of Mrs. Fleming.
accused OF poisoning her mother. This was
caused By Assistant District Attorney Seaman
Miller's original idea az TO the conduct Of his
part In the prosecution. After q brief morning
session. In which the prosecution was brought
mp standing In its effort TO introduce evidence
out Of order, and resulting In a score of yiotor,es
for Mr.. Brooke. on behalf Of the dofenoe tho
afternoon session was adjourned Immediately
after being called TO order, owing TO tho
Inability of the people to produce any
witness. News OF the tangle in which
the peoples case had become involved reached
the ONCE Of the District Attorney, and Col. Fell
lows arrived on the scene. making his first on
ciai appearance in the case, In an earnest effort
TO cxtricate his assistants from their unhappy
predicament. Assistant District Attorney Nc
lntyre was too angry to refrain from stating
publicly where the fault lay, and Mr.. Miller was
obliged to receive n rebuke from the Court. and
thereafter to hear cunning Mr.. Brooke ask that
It be made Of record that this unfortunate delay
OF the proceedings. which imposed an additional
Inconvenience to the jury. was ia no manner the
fault OF the defence.
1t appeared that Mr.. Miller mad undertaken
10 produce the proper witnesses In court in the
order they would be required. His failure to do
80 he excused on the ground that he supposed
the examination OF DR., O'Hanlon would con-
sumo several hours more than 1t did, and he
therefore designated In the ummons for wit
neeses the hour OF . P. NJ. In response to this
excuse Recorder Con remarked sharply that the
legal hour for opening court was 10 80 In tho
morning, and that no unaided supposition on
the part OF Assistant District Attorneys as to
the length of time witnesses would be on the
stand was q sufficient excuse for the waste of q
days time.
In the absence of tho proper witnesses Mr..
Mcintyre made an attempt to bridge over by
calling other available witnesses out of order,
but was bowled out by Mr.. Brooke's objections
with such frequency and emphasis that the de-
fendant, possibly overestimating the ultimate
benefit to her case to be derived from these
temporary advantages. entirely regain-d her
characteristic good nature. and was again the
smiling young woman Of the earlier days OF the
trial.
There was an unusual number Of women among
the spectators yesterday morning, and 1t was
again at all times p,ainly seen that such specta-
tors are moro interested in the defendant than
In the proceedings Of the trial. Whom Mr..
O'Sullivan would engage Witness O'Hanlon In
tho mysteries OF the characteristic symptoms
observed in kidneys in cases of chronic nephritis.
AAtSb ~ heS "eJs - eAo "a 49, eAcVooSo Aits
Brooke seems to think caused the death Of Mrs.
Bliss. the WON en- spectators were wholly oblivi-
Gus of the testimony which might so highly
edify them. They were all eyes and no ears. as IL
were. They strained their attention and adjusted
their opera glasses for the single purpose Of
catching q glimpse of the defendant. The SEQ
tion of seats especially reserved for women Is
directly back of whore the defendant sits and at
ZONE distance. so It is only when Mrs. Fleming
tprna D. n mn aida IN uhtanar tn Nj prpnEa nm
her right, or to Mr.. shaw or Mr.. Nathan or Mr..
Okie at her left that . view Of her face is pre-
sented TO tho women spectators. I such times
Il 10 doubtful II tho explosion OF q dynamite
bomb in their immediate Vicinity would in any
degree distract their hungry gaze rivcted upon
the defendants face.
Formal proceedings were renewed when
court convened yesterday morning by MIR.
O'Sullivan continuing the direct examination
OF Coroners physician O'Hanlon. The latter is
a young man comparatively. and fully equipped
with the spirits of the race his name ~suRgests,
and for this reason, and because his official po-
sition takes him frequently to the witness
stand and has familiarized him with most of
the little legal frills which are brought forth by
opposing counsel for the confounding Of all
witnesses. he was not depressed by the constant
and comments his testimony called
forth from Mr.. Brooke.
MI IA Nuoot'ohoot hS k"'
ing the autopsy he hold upon the body of Mrs.
Bliss. He had found. he said. the membrane OF
the stomach very much infamed. IIedescribed
the condition Of the other organs of the body,
oil! of them normal. or nearly SO. with the ex-
Of the kidneys, whose condition indi-
Gated chronic nephritis- This 10 q condition
mention of which always excites the liveliest
friendly interest in Mr.. Brooke, and while the
witness was telling the jury all about the symp-
-. 80 -a.Aritia NJ prpnkA una aa ralnn and |
encouraging In his demeanor as II the witness
were his own. He soon, however, had cause to
Q.-From your examination at the autopsy
did you arrive at a conclusion regarding the
cause OF death. Al did.
Q.-Then, in your opinion, what caused dsathr
A.-Acuts gastritis.
Q.-Producod by what A.-By an irritant
poison.
This Is the second witness who has given pro-
fession nj testimony OF this kind to this identi-
opinion, indeed. The defendant took this
with some manifestation OF III will.
She looked anxiously at Mr.. Brooke. as II sug-
costing an objection. But IL is characteristic OF
that lawyer that he takes suggestions, even
when they are made verbally and by his legal
associates. will small measure of grace. He
on his feet soon, however.
doctor. have you performed autopsie. in
cases where there. was no question as to tho
cause OF death being arsenical poisoning? A.
have.
Q.-Now then, were the appearances you OBJ
served in the stomach in this instance similar to
those you observed in cases where death was
known to be caused by arsenical poisoning
Before the witness could answer, Mr.. Brooke
arose and said, well. now, your Honor. l
object" His Honor seemed to think the objec-
ton we'll taken. and so ruled. Mr.. o'Sullivan
- oat o6 .frnrn uninu fnrvxaPd mazda what