r on \, 4' 'MRSlLElllNGUNTRIAL Actual Prosecution of the Alleged Poisoning Case Begun. 'THB BROSEGUTION’S OPENING Accused Woman 'Denounced by the Prose- cution—Prisoner’s Sister \Veeps—A Diagram Excluded Through the Defense’s Efforts. NEW YORK, May 27.—Mary Alice Al- mont Livingston Fleming went on trial in earnest today for the alleged killing of her mother, Mrs. Evelina M. Bliss, by poison on Aug. 30, 1895. More than two Weeks of the court’s time has been ex- pended in an effort to secure 12 good men and true who could satisfactorily,..pass through all kinds of maelstroms, from the answering of Mr. Austin Fox’s knockout questionsto swearing that they had no conscientious scruples against capital pun- ishment, against circumstantial evidence or expert testimony and besides that they had no bias, opinion or impression con- cerning the guilt or innocence of Mrs. Fleming. The task has been a long and wearisome one, but was finally accom- plished to the entire satisfaction of Mrs. Fleming and her counsel. Mrs. Fleming looked particularly happy and pleased- when the first part of her fight for liberty ‘ MRS. FLEMING; was over. This Fleming jury is the most intelligent and refined that has ever served on a murder case in this city. Probably its equal has never been seen before. Both Mr. McIntyre and Mr. Brooke desired that the best men possible should be obtained. If Mrs. Fleming can be acquitted by these men, she can go out into the world again with the added consciousness that she is believed innocent by almost every man and woman that walks the street. But if so be it that she shall be proved guilty she need expect no sentimental sympathy from the men in the box. There is not one of them probably but would give $1,000 to be free. Each man has taken his place in the in- closure because he was too much of a gen- tleman to equivocate in his answers or to save himself from what he knew to be the duty that he owed to his citizenship. Quickly and with much dignity, within a few seconds after the recorder had taken his seat. Mary Alice Almont Livingston, better known as Mrs. Fleming, came through the east door of the courtroom. She walked with a springy, elastic step. She looked neither to the right nor the left. Florence Bliss, her half sister, who had been talking with Ferdinand Wilkes, met her in front of the gate and together they moved to their accustomed seats just back of Mrs. Fleming's counsel. Mrs. Fleming looked well. She had a spot of . color in her naturally pale cheeks. The Struggle Begins. . At her throat Mrs. Fleming had awhite apple blossom. It relieved the somberness of her mourning garments. It was the first time that she had worn any flowers since the trial began. The old tired, Weary expression had left the jurymen’s faces. They were all atten- tion, keenly alive to their duties andree‘ sponsibilities. The clerk called the names of the jurors. “Present!” each man answered firmly. Assistant District Attorney Miller opened the case for the people, by beginning his address to the jury. His speech was writ- ten. Mr. Miller held the manuscript be- fore his eyes during the first few minutes of his address. He spoke very deliberately, but seemed, nevertheless, nervous. The jurymen and every one else in the courtroom listened with the closest atten~ tion. Mrs. Fleming leaned slightly for- ward and kept her eyes fixed upon the man who described her before he had spoken five minutes as the perpetrator of "a most appalling crime.” The assistant district attorney began aft- er the time honored fashioned by compli- menting the jury. He Went around and around- for the first 15 minutes, but al- ways got back to the salient point that the jurymen were “capable, true and con- scientious,” and altogether perhaps the best lot of men ever got together in a jury box. After Mr. Miller had told the jury that they had to deal with what the prosecut- ing officers after full investigation were convinced was a most appalling crime he started in with an exhaustive history of Mrs. Fleming’s life. The first diversion came when Mr. Miller said that Mrs. Fleming, whom he called Mary Alice Livingston, had given birth to a child in Toms River in 1882, which had led to a suit against a man of the name of Henry Fleming. Mr. Brooke jumped up. “I object, I ob- ject!” he cried. -“This is an assault upon the moral character of the defendant. She is indicted for the murder of her mother, and these occurrences of 1882 have nothing to do with the crime with which she is charged ” Mr. Miller replied that he intended no assault upon the defendant’s moral char- acter apart from the crime charged. He said he was leading up to the motive for the murder. Mr. Brooke had come in late. He was smiling. He had a little chat with Mrs. Fleming. He spoke to Mr. McIntyre. He gazed for a moment in the direction of Dr. O’Sullivan. - , Mrs. Fleming All Attention. 'Mrs. Fleming sat Well back in her chair. She held her hands clasped in her lap. Her veil was thrown well back. ' Her eyes wandered from Recorder Goff to the occupants of the box. They held to no one for more than an instant, yet the motion was slow. , The little spots of red in her cheeks grow larger and more pronounced. Finally her color was almost high. Never since the trial began was she as good looking a ’ Advertise in the Gs‘znrrn. \ woman as when She'had heard Mr. Miller say to the jury that the expense of making the case had been a grout one for the peo- ple. but that each one would finally come to the conclusion that the investment was a most satisfactory one. This had been well led up to. Mr. Mil- ler’s delivery was not dramatic, but it was natural. He was logical. When he spoke of the working out of the case step by step with the resultant “abiding conviction of guilt" which the people’s representatives now felt, he was strong. ' Miss Bliss did not at first display the calmness of her sister. She looked 'at the floor. ’ She shaded her face with her right hand. When she obtained again her self control, her interest was centered in the jury box. She took in first one and then another face until she had gazed steadily at the entire 12, one by one. Mr. Miller had just said, “A child was born to Miss Livingston, as she was then called,” when Mr. Brooke jumped from his chair. It showed that the fight was then on. “I object,” said the senior counsel. “This woman is indicted for the killing of her mother and is not,” he continued, “on trial as to her moral character. ” Mr. Brooke apologized to Mr. Miller for the interruption. At the end of Mr. Miller’s speech Flor- ence Bliss burst into a fit of silent weep. ing. She covered her face with her hands, while her body shock with sobs. Mrs. Fleming leaned toward her sister and spoke to her in a. very quiet, determined manner. The younger woman became calm after a brief period. Throughout the entire address Mrs. Fleming bore herself with the utmost com- posure. Not once Was she observed to flush or to grow paler than is her wont; Taking Testimony. The first witness was Frank E. Towle, a surveyor, who produced a plan he had made of the flat at 397 St. Nicholas ave- nue, in which Mrs. Bliss died. He also showed a diagram of the suite of rooms at the Colonial hotel, which Mrs. Fleming had occupied. He had made the drawing in May, 1896, and Mr. Brooke objecthd to the admission of a plan made eight months after Mrs. Fleming had left the rooms. The objection was sustained, and the plans were put away. There was a stir when the name of Au- gustus L. Tuebner was called. He is the man who was with Mrs. Bliss while she was dying. He said he was a commercial traveler and that he had known Mrs. Bliss and her daughter Florence for a number of years. He accompanied them to Point Pleasant, N. J., on Aug. 23. He returned alone, and on the following Friday, Aug. 30, at 5 o’clock p. m., be called at Mrs. Bliss’ flat. The lady was dressed as though she had just come in from the street and wore a hat. and because of a conversation he had with Mrs. Bliss (he was not allowed to tell what it was) he ran down stairs for the housekeeper, Mrs.Van Norden. He then hurried to the office of Dr. Bullman, who came on his Wheel to the flat. The wit- ness returned there, and when the doctor came out had a conversation with him. After that Mr. Tuebner thought he fell asleep in the front room. When he awoke the housekeeper called him, and he gave Mrs. Bliss some of the medicine the doc- tor had left. After awhile Mrs. Bliss moaned. » Mrs. Van Norden told him to go again for the doctor. He did so and came back with the doctor. When they arrived, Mrs. Bliss was dead. Mrs. Elizabeth Van Norden testified that Mr. Tuebner called her up stairs to Mrs. Bliss’ room on the evening of Aug. 30. She found Mrs. Bliss on her knees, vomiting. “I took Mrs. Bliss to her bedroom, ” continued the housekeeper. “unfastened her clothes and placed her on the bed. Her face was very pale.” Mrs. Van Norden went on to tell of the arrival of the doctor. She Went down stairs when the doctor came and didn’t see him go out. She went up stairs later and found Mr. Tuebner there. At her sugges- tion a nurse was sent for. She learned later that Mrs. Bliss had died. The witness was not allowed to testify to particulars of Mrs. Bliss’ death. Mrs. Van Norden testified that on the day after Mrs. Bliss’ death Mrs. Fleming and Florence Bliss called at the house. Mrs. Fleming appeared. she said, very sorry for Mrs. Bliss’ death. Stamford’s “Sensation.” STAMFORD, Conn., May 27.—-F. Wayland Keith, aged 52, a wealthy, retired citizen of Stamford. and Miss Anna Ethelwynn Butler. aged 29, daughter of J. K. Butler of Boston, were married at the Salvation Army barracks here. The marriage has caused a sensation. The hiatnbele Rented. BULAWAYO, Mataheleland, May 27.— Captain Plumer’s force met the enemy 12 miles from here. The Matabele Were re- pulsed, but made a second stand, and some sharp fighting followed, with the result that the latter Were routed and pursued by the cavalry. Actor Bethel Dies In Jail. HARTFORD, May 27.—-Edwin Bethe], the actor who tried to shoot to death at the Hotel Heublein his wife, Dallas Tyler, the actress, recently, died today at the jail, where he has been held awaiting trial. A general breakdown is ascribed as the cause of death. . British Bark Probably Lost. SAN FRANCISCO, May 27.--Shipping men believe the British bark Cambusdoon has been lost at sea. She left Java, carrying a cargo of sugar for Vancouver. Jan. 2 and has not been sighted nor heard from since. Big Fire In Malone. WATER’I‘OWN. N. Y., May 27.—A disas- trous fire which broke out in Malone to- day destroyed Thompson’s hardware store, Murphy’s dry goods store and other busi. ness places. The loss will reach $100, 000. Guerrilla Mosby 111. SAN FRANCISCO, May 27.-—-Colonel John S. Mcsby; the ex-Confederate soldier and more recently consul to chgkong, is ly- ing critically ill at his home in this city. He is suffering from appendicitis; Made Sure of Killing Himself. OLDTOWN, Me., May 27.—John Clark cut his throat and then jumped into the Penobscot river. It is thought that he -' killed himself through despondenoy at his inability to work owing to illness. Lively Blaze at the Hub. BOSTON, May 27.—Fire in the building occupied by A. C. Chartier, dress goods, did damage estimated at $72,000, while other occupants sustained considerable damage by smoke and water. ' . The Dread Cholera. ALEXANDRIA, May 27.—-There were 19 deaths from cholera here yesterday. CAIRO, May 27 —-The death reports show that 37 persons died here yesterday from cholera. . » l ‘ Advertise in the disarm... , He remaineda short time,“ SHE- TOOK THE BID.“ A Charitably' Inclined ._Ynung Traveler Makes a Good Haul. ' A good woman whose heart is set upon raising money, for charity is not easily turned from her purpose. Such .a. woman, according to the New York Herald, was on a. steamer from Liver- pool last summer. Most of her pocket- money—she is represented as a million- . aire’s daughter—is devoted to the East Side mission, and in addition. she spends much of her leisure in crochet- ing wonderful and f useless things, which she persuades her wealthy friends and admirers to buy at fabulous prices for the benefit of the poor. On the steamer she did little else but crochet things and then sell them—ex- cept that she spent considerable time in filling a. diary. Some of the friends whom she had} inveigled into buying fancy work fell into the trick of laughé ‘ ing at her about her diary, and finally entered into a little conspiraCy. ' ' “I say, now, Miss Blank,” said one, “we have decided to strike. We are not going to help your tenement~house heathens another ccnt’s worth unless you sell us your diary. How much will you take for it?” “How much will you give?” asked the girl, after a little reflection. The man offered five dollars. That? was too little, the young lady declared, and finally, one thing leadingto an- other, she put the precious volume up at auction. The gentlemen, never dreaming that she could be in earnest, piled bid upon bid, till the price stood at-sixty-five dollars. “It is yours, Mr. Jones,” said the girl; “but remember my terms are spot cash, and you must let me make a. copy of it.” The laugh was on Jones, and his companions forced him to pay the money on the spot. Miss Blank deliv- ered the diary, and of course there was nothing for the joker to do but to re- turn it unopened, with his compli- ments. .._—-— CERTAIN BIRDS NOT INJURIOUS. Popular Fallacies Regarding Some of the Feathered Tribe Dissipated. * Dr. C. Hart Merriam, chief of the division of ornithology of the agri‘ cultural department, .has been for several years engaged in. examining and analyzing the contents of the stomachs of birds, showing in sev- eral notable instances that popular ideas regarding the injurious effects of certain birds were wholly mistaken and that they have been the victims of an unjust persecution. This has been found to be especially the case with hawks and owls, for the slaughter of which many states give bounties. Pennsylvania in two years gave over $100,000 in hawk and owl bounties. Ex- aminations of the stomachs of these birds prove conclusively that 95 per cent. 01' their food was field mice, grass- hoppezgr, crickets, etc., which were in- finitely more injurious to farm crops than they. The crow also is not so black as he has been painted by the farmers. The charges against the crow were that he ate corn and de- stroyed the eggs of poultry and wild birds. Examinations of their stomachs showed they eat noxious insects and. other animals, and that, although 25 per cent. of their food is corn, it is mostly waste corn, picked up in the fall and winter. They also eat ants, beetles,'caterpiliars, bugs, flies, etc., which do much damage. In the case of the king-bird, killed by the farmer un- der the impression that it eats bees, it was found that he ate only drones and robber-flies, which themselves feed on bees, and which destroy more bees in one day than the king-bird does ina year. The king-bird, therefore, is to be encouraged rather than slaughtered. The cuckoos also are found to be very useful birds in this country, doing much good in the destruction of insects. My little boy was afflicted with Eczema in acute form for a year, during which we tried without success every known remedy. "l'hc dis- order appeared on the right cheek and was of a blistery and bloody form. His pillow, mornings, would hear the bloody imprint of the side of his face, while it was impossible to prevrnt him from scratching his face owing to the itching. Advised to try Ccrxcum, I bought. a box. ’1‘th first application was made at night, and it is a fact, that the appearance of the affected parts showed a noticeable improvement the new: morn- ing, and, continuing the treatment. as a. result, my child has as fair and smooth skin as can be found anywhere. 2.. NY. S. NEEDHAM, Pataskala, O. Srssnv Cons TBEATXENT.—-Warm baths, win: Cancun SOAP. gentle applications of Curious“ (oint- ment). the great skin cure. and mild doses of CUTICUBA ”83:11:55, gr'elafegtp‘f bums; cages. C: 0 Oil 0“ e W0! . rice U 0‘ Soar. 25m ssonvssr. 50c. and 01: Cngggfi‘bfiga .utn CHEM. Conn. Sole Props, Boston. a.“ How to Cure Every skin Disease." mailed 5mg. Piano Krona-crest. BS. GEORGE W. BRUHJSX. (daughter of the lathm. fin-Nash.) Q‘lVBS cfiicent and satisfactory instructions on the Piano at her home No. 19?, Mai-”1 U reel. so You Know.” C i That you can save money by binug your ideals and Fish at F. W; SMITH’S, 5.5 Main Sireel. Every-thing First-‘Class. . , , open 'Evgnlmcs «HALF» SALE. \ 7 *BusnnS cLou ROOM. Now that the hot weather is here the problem is how to keep healthful. people are careless of how and when to dress. In this very changeable climate some ‘think that as soon as the first warm days comes that they must odrop their outside garments, put on a lawn dress and keep it on until September. Hence so many pulmonary diseases and rheumatism in this part . . . of the country. Now our advice is to always have ‘ - a light-weight garment, either Jacket or Cape, so that when you walk or ride-out in the evening, n matter how hot it is IN OUR POPULAR Should ‘El‘nbraoe. Our belief is that most ll NfllWalku nrw vonx omos, 442 anoinmv. HALF-PH BE SALE. ‘ in the day, there .are evenings in June and July that you will need an outside garment to go to the—shore or into the coun. try. As this spring has been unusually warm it has left a great many ‘ Jackets and Cape’s“ - on the manufacturer’s hands. We have a consignment that we will sell at 50c on the dollar. $3.75 Ladies’ Black Cloth Jackets, $|.8'l $7.98 Ladies"Black Diagonal Jackets, $3.98 $4.49 Ladies’ Covert Jackets, $2.25 $9.50 Ladies’ Finest Broadcloth Capes, trimmed with while pearl buttons, strapped and appliqued. $4.25 $4.98 Ladies’ all-wool Tan Cape. braid and trimmed with gilt buttons, $2.50. $10.98 Ladies’ all-wool Covert, trimmed with cloth, buttons to match and strapped, $5.50 Ladies Shirt From an Albany manufacturer. We Bought 25 Dozen $3.50 .. ,, “ $2.25 “ Waists“ They were not quite good enough to sell them separately on a counter and sell them at 50¢ each. $5 $3 98 Ladies’ all-wool Cape, half price, $2.00 $3.50 Ladies’ Black Cape, trimmed, half price, 3|.15 $13.50 Old Ladies’ Black Cape, half price. $6.15 $15.00 Ladies’ Gros Grain, all jet work, half price,$1.5o $6.50 Ladies’ Black Silk Capes for $3.25 " $6.50 Ladies’ Black Velvets, half price, $3.25 $1.98 Children’s Jackets, half price, $l.00 .“ I $l.15 . 3M2 1). ."‘.".a "W as.) We shall not open our Store on Decoration Day. My early in‘ihe week, their shall he drives in every department. A POINTER... Is your plate glass or safe insured? If not, call on me and, I will write you a. policy in the Mutual Plate Glass and Safe Insur- ance Company. Glass will. break and burglarsuse dynamite. n case of Fire You should be. insured. ' A policy in the Reliance .01 Philadelphia. Phoenix of Hartford; Scotland Union of Scotland; New. Hampshire of Manchester; Rochester German of Rochester; United States and Pacific of New York; Security of New Hampshire or Granite 'State‘ of Ports. mouth will protect you against the fire fiend. O W. rs. amusement 1 Real, Estate and General insurance. noon: 1, GAZETTE BUILDING» * LoANs NEoo’nA'rEb AND INVESTMENTS MADE. / \ —---CORRESP0~DENCEsoucnm as) we shall put
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