New-York tribune., 1896-04-21
FLEMING CASE GOES OVER
ADJOURNMENT AT THE DIsTRIcT-ArToR-
NEY's MOTION.

JUSTICE GILDERsLEEVE
The case Of Mrs Mary Alice AlmOnt Fleming
who "a accused of poisoning her mother. MRS.
rye,,na NJ Rliss. did not come to trial In the
Criminal Branch Of the Supreme Court yesterday
This was due TO the District-Attorney's motion
for an adjournment Mrs. Fleming has been IN
the Tombs for several months
Charles w Brooke counsel for Mrs. Fleming.
anpeared about two weeks ago before Justice
c,Idersleeye and asked that the indictment
against Mrs Fleming be dismissed for lack OF
prosecution.
Justice Gildersleeve set down the trial for yes
tsrday and said that IL the District Attorneys
Office was not ready to prosecute the case. ne
would dismiss the Indictment against Mrs.
Fleming
The well-known medico-egaI expert, DR.. Will
lam J. OSullivan, has been retained by the Dis
trlct-Attorneys Office special counsel Dr.
O'Sullfvan. who was formerly law partner OF
Mr. Brooke will In this cross swords with
his former associate, and the contest VIII be an
interesting one. Or. O'Sullivan has for some
time been working hard on the case. which he
considers is ore Of the most extraordinary In the
history OF criminal trials
NOT on THE CALENDAR.
There was a large crowd Of people in the
courtroom when Justice Gidersleeve took his
seat on the Bench. IT was rumored about that
the District-Attorneys Office was going TO ask
for an adjournment until the next term or the
court The reason given was that some OF the
witnesses sop the prosecution were OUT or town'
ard the case could not go on until their attenu-
arce was secured. Assistant District-Attorney
Miller said that an adjournment OF the case
would be asked for. AS matter OF fact. MIS-
smlng was not In court yesterday morning
ard the case was not named on the calendar
Mr. Brooke came into court at l0:4o o'clock
TIE case of Henry Devine, OF No. 10 Jackson-st.
who Il indicted for murder in shooting James
sullivan a saloonkecper. at New-Bowery ana
Monroe-st was called Immediately MT Brooke
srosc. and asked that the Devire jury be not
sn,pan nelIed until the case OF Mrs. Fleming was
disposed Of
The case Of Mrs. Fleming" said he should
have precedence over all other trials. This poor
woman is imprisoned with her child. and she
has heen begging for a trial since last fan
Assistant District Attorney Mcintyre said there
uere reasons why the trial OF Devine should
have pr. ,edence over the Fleming case. The
District Attorney will be here In short time
and will state his reason for asking for an ad-
Journment.'
Mr Brooke again jumped up and said sharply:
Before an adjournment Is granted ask that
the District Attorney submit afidav!ts giving ms
reasons why the trial should not go or to-day
The aflldavits are not yet ready: the Dietrict.
Attorney will be- In court little later replica
Mr. Mcintyre. -
Justice GlIdcrsleeve grew angry at this and
said sharply. 1T seems 20 me that " Is marx
OF disrespect 20 this Court that the District
At,orne, himself Is not present In court THIS
ucrning inste1d OF sending his assistants here
~ represent hin and to state that he Will be
N.r.. l.fay N he
o'clock"
Tnere WIS an awkward pause for some min
u,rs and one OF the Assistant District -Attor-
neys went out hurriedly to look for Colonel
Fellows
THE PEOPLE Not READY.
The latter came IN about ten minutes later
and held a consultation with Justice Glider
sleeve Then Colonel Fellows said. The Peo-
pie are not rea ly To 60 on with this case TO-
dny The case ie one that requires great
deal Of preparation and ctre. The People VIII
b. ready 20 go on with the case AT the NEXT
term Of this court
colonel Fellows said that the medical testi-
mony and chemical analyses were not YET fuiiy
readv although the District-Attorney's office
had been working ever since the Indictment
THE case IL one. however. l may say. said
Colonel Fellows In which the evidence Amply
,usti0es the Indictment Tho evidence that we
have now !p our Possession strengthens In
very important matters the prima facle case
that was made out before the Grand jury
Mr. Brooke opposed the motion OF the DIS
trict.At,orney and asked that the Fleming case
70 on or tha, the indictment be dismissed lie
said that the chemical analyses ana nediSa.
testimony were taken long ago. at he time ot
the Coroncrs inquest
THE People" said ne. have been engaged
since last September In preparing this case ana
now they come into court and state that th'y
are rot ready. ask that my client have a
speedy trial
Justice Gildersleeve said that he could not
overlook the reasons given by the District-At-
torney for "A postponement OF the trial.
The District Attorney" said the Court.
"statcs that his office has been constantly en-
gagged IN the preparation OF this case since Inc
Indictment was found Will accordingly post
pone the hearing OF the case until the May
term OF this court.
Colonel Fellows said that the Judges had not
becn assigned for the May term yet. and he
could not make any definite announcement
about the date OF the trial. ~
There IL no doubt however" said he. that
the case will be heard next month
Mr. Brooke arose and said. Il give the Dis
| trict-At,orney notice that will be here on the
first Monday OF the May term to move the triai
or the dismissal Of the Indictment
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