The daily morning journal and courier., 1896-06-24
MRS. FLEMING NOT GUILTY,
AFTER TEN HOURS' DISCUSSION
 JURY THUS DECIDES.

Recorder Goff's Charge to the Jury Said to Have Been an Impartial One-Probablo End of This Cause CeIebre-Jury Went Out at 1:10 O'Clock Yesterday Afternoon and Returned at 12;52 O'Clock This Morning.
 New York, June 24.-The jury in the case of Mrs. Fleming at 12:52 this morn- ing returned verdict of not guilty,
 When the jury announced their yer dict the crowd in the court room cheer ed The cheer was waited outside and was caught up by hundreds The fe male friends of Mrs. Fleming who were in court made a rush for her and al most smothered her with kisses. Ms. Fleming herself sank half fainting into chair. John c, Shaw, counsel for the defence, made formal motion for the discharge of Mrs Fleming.
 The recorder then asked Assistant District Attorney Miller if there were any more charges against the defend ant.
 No, sir" replied MT Miller.
 q discharge Mary Alice Almont Fleming from the custody of this court" said the recorder.
 The recorder then ordered that Mrs. Fleming be escorted outside the court house by the attendants. This was done. The crowd gathered around and cheered again and again as Mrs. Flem- ing appeared. She went over to the Tombs, where, it is said she retired for the night.
 In the trial of the case yesterday Re corder Golf charged the jury. He said that the defendant was indicted for murder in the first degree in having administered to her mother a dose of poison, which the indictment described as arsenic and antimony. The indict- ment further charged that the poison was administered with intent to kill. The recorder defined for the jury what was meant by murder in the first and second degree and manslaughter in the first and second degree. He spoke of the testimony of Florence King, the twelve-year- girl, who went with
 
 with the clam chowder
 "The testimony of Florence King" said he, has not been contradicted di- rectiy by testimony. The jury, how ever, is not necessarily bound by un- contradicted testimony You are the one to say whether you believe it or not. The effects of this uncontradicted testimony must be taken into consider alton of the jury and given it's proper weight. You saw the little girl on the stand, and must judge of the value of her testimony"
 The expert testimony was then gone over by the recorder He said the law permitted expert testimony as an aid to the jury to assist them in arriving at a conclusion. Tt devolves upon the prosecutor to show in this case" said he, that Mrs. Bliss died of poison, and secondly that this defendant gave it to her or caused it to be given to her with knowledge that it was poison and with intent to kill"
 The recorder next defined what was meant by circumstantial evidence, and then told of the ways by which a poi son could be detected in body. If you find, said he, that this defendant mix ed arsenic or antimony of both in 9 can of clam chowder and that she willfully and knowingly sent that chowder to the deceased, it would necessarily fol- low under the rule of law that she must be held accountable for the ef- feet" It was the general impression that the recorders charge was fair and impartial.
 MT Brooke took several exceptions to the charge. The jury retired at 1:19 o'clock to consider the testimony and determine the Woman's guilt or inno- cence.