New-York tribune., 1896-05-09
IN MRS. FLEMING'S FAVOR.
THE APPELLATE COURT DECIDES THAT THE
WOMAN ACCUSED OF MURDER Is EN-
TITLED TO RECEIVE $4,000 OF
HER FATHERS ESTATE.


TITLED TO RECEIVE $4,000 OF
HER FATHERS ESTATE.
BY a decision OF the Appellate Division OF the SUI
preme Court, which was handed down YESTERDAY
Mrs Fleming. the woman who is prisoner In the
Tombs awaiting trial for the alleged murder OF her
mother is entitled to receive $4,000 Of the estate OF
her father Robert Swift Livingston, which had been
held in trust for her until her mothers death-
When Robert Swift Livingston died he left VIII
devsing to his widow life interest in certain rea
estate. with a remainder to the issue Of himself and
his wife The widowed Mrs Livingston later mar
ried Henry II. Bliss Mary Alice Almont Livingston
was the only child of Mr.. and Mrs. Livingston She
was known as Mrs. Fleming at the time OF her
mothers death on August 80, 1895. Mrs Bliss died
from the effects of poison. Mrs. Fleming was sus-
pected Of having administered the poison ana 'he
Grand Jury indicted her for murder.
Under a Judgment obtained against Robert
Swift Liyingstons estate May "a. 1S10 the prop
erty was sold by referee and s25059 C5 Of the pro-
ceeds Is now In the hands Of the City Chamoer-
lain, Ito be distributed at the death OF Eveiina VI
Bliss" There Is a further amount OF nearly $4,000
subject to the same provisions. When MIS-. Bliss
died Mrs. Fleming applied for that money Rea-
tives OF the late Mr. Livingston inerposed objec-
tions to her receiving 1t the ground that she
was not entitled TO benefit by a crime she had COM
mtted. The matter referred by the Supreme
Court 70 Lawrence Godkin as referee. and Mr. God
kin decided that she not entitled to the money
until she acquitted OF the charge OF murder
Justice Pryor at Special Term, approved the finding
of the referee and appeal was taken.
The Appellate Division. in opinion written by
Justice Barrett. all concurring reverses that de-
cison and grants Mrs. Feming's application for her
money. The opinion says
The only ground upon which the application was
contested was that an indictment had been found
against the petitioner for the murder of her mother
A conviction upon the indictment would not be legal
here would not be bound by an acquttsl there. The
converse must be true. II then conviction would
which is but an accusation? 1t is not permitted
even to discredit witness by showing on cross
examination that he has been indicted 1t seems
quite clear then, upon the record that no legal OBJ
stacle stands between the petitioner and the en-
toyment Of that 10 which she has the legal right
this. but denies the right to immediate enjoyment
Ceeans might s prdce the psop upon On the
of the indictment That. however. is but vague
Missile upon the criminal TRIAL Where then the
prejudice? Surely not that perchance the jury In
and possibly be affected by the result That is too
unlikely and too remote to 1rsy ~ the yit
to grant or deny civil rights upon balancing OF
The petitioners. application should be granted or
denied upon the facts properly before the court in
this me- the psdnsS nn nS snd d d
the parties Immediately before II upon the notion
ss the rsa 20 be to
woman comes and asks for what IN law ,,isd Is her T
murder" Upon that the court dsmsses her from
its presence unti she shall have secured an acqu-
tai, In our judgment. this was denial OF the JUS
tice to which, upon the record, she was entitled.
The order should be reversed AMI the application
granted
Mrs Fleming was seen in her cell yesterday a few
minutes after the decision handed down. When
told OF the decision she capped her hands together
like a child and Laughed. Then she recovered her
composure and SAID: "Of course. am glad 10 hear
| of the decision in my favor and thank the Court
| very much
1T was not my intention to make application for
| the money at this time. but my lawyers said !
| would need money for my defence. for although l
| am innocent there will be hard attempt made 70
| convict me 1t takes money you know. TO summon
| witnesses and make out papers. Yes am very
| glad O the and the money.