The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-25
The Old Reliable
ROYAL
BAKING POWDER
ABSOLUTELY
PURE
There is no substitute
MRS. FLEMING Is ENJOINED.
LAWYER SHAW CHARGES HER
WITH CONSPIRACY.
Helped TO Defend Her when She was Tried
for Numbering Her MOther-She Has
Begun Two Suits Against Him for
an Accounting OF Her Fathers Estate.


for Numbering Her MOther-She Has
Begun Two Suits Against Him for
an Accounting OF Her Fathers Estate.
TRENTON, N. j., Oct. 24.-John G. Shaw,
who helped to defend Mrs. Fleming when
she was tried in New York for poisoning her
mother, Mrs Evelina M. Bliss, secured an
order from Vice Chancellor Bergen to-day
enjoining his former client from prescott
ing two suits begun by her in New York
State, in each OF which she claims $4,000
as due from Shaw on account OF moneys re-
oeived from the estate of her father, Robert
Swift Livingstone. One OF the suits was
begun in the United States Circuit Court
for the Southern District OF New York and
is on the calendar for trial on Nov. z. The
other was brought in the New York Su-
preme Court.
Mr.. Shaw asserts that Mrs. Fleming, who
is now Mrs. Henry A. Frey, is trying to
make him the victim of a scheme to COM
pei an accounting for moneys which she
has already received and the vouchers for
which she has approved. The bill OF COM
plant goes at some length into the de-
tails of the murder trial, which began May
II, 1895, and lasted six weeks.
Mrs. Fleming was indicted in 1895 and
during the year or more she spent In prison
Mr.. Shaw says he betrayed all her expenses,
including large amount Of money re-
quired in the preparation Of her defence
and part of her trial. Shaw made his first
accounting in January, 1897, of all disburse-
ments t. that date, his statement and
vouchers being approved by Mrs. Fleming.
He made fifteen supplementary statements.
which were also approved, covering the
period to June 10, 1902, when he informed
Mrs. Fleming that the entire fund, amount
ing to SSS, 600, was expended.
In the meantime Mrs. Fleming had gone
to Alaska, where she had married Henry
h. Frey, with whom, 1t 10 set forth in the
bill, she is now living in this State. The
bill charges that Mrs. Frey is involved in
and that before beginning her suits in New
York she secured from him between 800
and 9Oo of the vouchers representing his
disbursements, promising to return them
Immediately. This she failed to do, in
spite OF repeated requests from Shaw, who
says that without the vouchers 1t will be
impossible for him to make adequate de-
fence to the pending suits or to others which
are threatened by Mrs. Frey.
The New York suits also contain an
allegation that certain bonds belonging to
the estate Of Mrs. Bliss were secured fro'n
the signature of Mrs. Fleming. This
charge Mr. Shaw also denies, declaring
it to be part of a scheme to recover treble
damages under Section Of the. New York
Code Of Civil Procedure, which provides
that an attorney "who is guilty OF any de-
ceit or collision, OF consents to any deceit
or COLLISION with intent to deceive the
Court, forfeits TO the party injured by his
deceit or COLLISION treble damages.
Mrs. Frey has also threatened to sue
for two volumes Of the stenographers
transcript OF her trial, Mr.. Shaw says
she did not ask for the transcript until
about seven years after the trial, when
he informed her she might have the record
by sending to his office. Later he discov-
cred that two volumes of the record had
been lost or mislaid, He insists that these
records are properly his, although he was
willing to turn them over to Mrs. Frey.
The injunction of Vice-Chanoellor Ber-
gen enjoins Mrs. Frey from in any way
prosecuting the pending suits in New York
or other suits Of like character, pend
ing further orders from the New Jersey
Court of Chancery. The injunction is based
upon the affidavit submitted by Mr.: Shaw.
together with the fact that both he and
Mrs. Frey are within the Jurisdiction Of
the Court Of Chancery.