The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-06-14
FLEMING CASE is TODAY
From Fridays Daily.


ing, who was recently arrested on
a statutory charge brought by Miss
May Coy, was held this morning in
the municipal court before Special
Judge Plymat Miss Coy, in her
complaint states that Fleming is the
father of her child, which was born
in a hotel at st. Paul last April.
Eugene Coy, father of the COM
plainant, was the first witness. He
merely testified that he was the
father of Miss May Coy and that she
was the mother of child.
Miss Coy was then placed on the
stand She is nearly seventeen years
old, and testified that Fleming met
her near a saloon on North Front
street, and that he engaged a
room above the saloon. They went
to this room, that he brought up a
quart of beer, which was consumed
by them. That was on September /,
1911. She testified that on April
%, 1912, a child was born to her in
a hotel on Minnesota street, ST.
Paul. When asked who was the
father of the child, she replied that
Fleming was.
County Attorney Schmitt prose
cuted the case, while Attorney C. o.
Daley appeared for the defendant.
He cross examined Miss Coy. The
latter's voice could hardly be heard
in the court room and County At
torney Schmitt and Judge plymat
were compelled to request her sew
eral times to speak louder, so that
the court hear
ID
Daley Miss Coy was not certain about
dates on which she met Fleming,
and later retracted her statement
that it was on September /, and said
that it was on the first day of school
in September.
Mr.. Fleming was placed on the
stand just before noon, and he tes-
Titled that he was walking up the
street on September % with his
daughter, who is about eighteen
years of age, and that they acciden-
tally met the complaining witness,
who accosted Fleming, and asked
him to buy her a drink of beer, as
she was very, dry. He asked her
where she intended to drink it if he
bought some, and she replied over
store, which was next to the saloon.
Fleming admitted that he bought
bottle of beer, and that before he
was permitted to make use Of the
room above the saloon while drink
ing the beer, he was required to reg
lister in the saloon below This was
on September % and not on the first
day of school, and the register would
bear out the truth of his testimony,
he said. He also stated that his
daughter was requested to come up
and drink part of the beer, but she
refused to accompany him, so he and
Miss Coy went to the room, leaving
the door open, consumed the beer.
The plaintiff admitted on the stand
that she drank beer frequently.
The defendant also testified that
he is neighbOr to the Cows and
that he saw the girl often, that she
told him on several occasions that
she went out with men at night, and
sneaked into the house, SO that her
mother would not find her out. Mr..
Fleming also testified thatA she had
told him that she sometimes occu-
pied the same apartments with
her father, Mr.. Coy, when Mrs.
Coy was away. He testified that
prior to the commencement of these
proceedings, attempts were made to
have him settle for money, but that
he refused to do this, claiming he
had nothing for which to settle.
The county attorney asked Flem-
ing if he was sure it was beer that
he and Miss Coy drank on the occa-
sion they were in the room over the
saloon. The defendant replied that
he ordered beer and supposed he got
what he ordered and paid for. The
county attorney wanted to know If
the defendant could not tell by the
taste, color or tint whether it was
beer. Fleming replied that he was
not sure it was beer.
Miss Retta Fleming testified this
afternoon. She is the daughter of
the defendant, and she corroborated
his testimony to the effect that she
was with her father when he met
Miss Coy on the. occasion the beer
was drank Miss Fleming stated
that she did not go to the room
with her father and Miss Coy.
Miss Jennie Wasgatt testified that
Miss Coy had told her of dates"
that she had been keeping with
boys.
Miss Coy was recalled and testi
fled that she did not ask Fleming
for beer.
Fleming, when recalled to the
stand, testified that it was on Sep
TENDER % that he and Miss Coy
went to the room where the beer
was drank.
Attorney Daley then moved that
the case against the defendant be
dismissed He then proceeded to ar
que in support of his motion. COun-
ty Attorney Schmitt argued against
the motion.
DR.. c. ]. Holman was one of the
witnesses for the defense this after
noon.
After hearing the arguments, Judge
Plymat continued the case until to-
morrow morning at ten o'clock in
order to give Attorney Daley an op-
portunity to look up law authorities.
From Saturdays Daily.
William Fleming, who had his
hearing yesterday on statutory
charge, on complaint of Miss May
ST. Dennis Coy, was discharged by
Special Judge Plymat this morning.
after both attorneys had addressed
him at some length, regarding the
case. 1t would have been settled
Yesterday hut Judga Plymat thought