Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-14

down between III and IL O'CLOCK and was
there the balance OF the day. At 12:45
he and Flemming took drink together,
Flemming waiting on him and telling
him to blow the whistle at o'clock.
Flcmming went to the mill shortly
afterward. and Sam gave the signal for
| not away from the mill long enough
to go to the house from that time the
rest Of the day.
WHAT HE FORGOT.
Cross questioned by Mr.. Morris. Sam
! remembered what time he whistled
Flemming, but did not recollect any Of
| those who came to the mill that day
to see Flemming. though he saw some.
| he didn't remember asking Mr.. Brooks
to make out recent for lumber that
day. lie did that only in Flemming $
absence. He and Jim Holly worked
fixing the pulley, worked till he went
after the drink. Didn't fail to see
Flemming any time he wanted him, but
! didn't want him that he remembered
Started the saw at o'clock and the
| edger at o'clock. Asked if he heard
| any shooting that day, he answered
that he couldn't hear any shooting.
Flemming came after small saw be-
| tween and o'clock-neary 2.
KEPT HIS EYE ON HIM.
| Jim Holly, colored. stated that Flem
ming came to the mill at nearly IL
O'Clock. and he didn't miss him again
that day.
Cross examined by Mr.. Norris He
didn't recollect seing any one with
| Flemming during the forenoon He
and Johnson worked continuously on
the pulley till o'clock. Could not
! swear Sam was not out of his presence
| twenty-five minutes and finally admit
ted he could not swear how long Elem
| ming WAS away at any one time.
| BLACK DIAMOND.
| HltZh1lOh Dickinson 'Bl1ck Dial
mond." came next, and he deserved the
| nom de plume. lie saw Flemming about
the place from IL o'clock, after whistl-
! ing for Flemming at about 10 o'clock.
| fle saw Fiemming talking with Wood
| house and another man whom he didn't
know. He saw Trolley Lassiter water
the horse and heard Flemmlng tell him
he'd better hurry up to the house.
DEFENSE MAKES a MARK.
Answering Mr.. Mcintosh, he stated
that after Lassiter went to the house
Flemning came into the mill and got
saw TO saw boards and went over by
the store 10 saw them. MIR. Mcintosh
asked -Stenographer Staples to make Il
check mark at-this testimony.
Walter Whitehurst being sworn stat
ed that he was at Flemming's house
the day that John Lcsner was there.
Whltehurst is brother-in-law ofFlem-
ming. they having married sisters.
FlemminS stated that If he had killed
anyone else 0hen the tramp he was
sorry Here defense called for q halt
and adjournment but the prosecution,
stating they had witnesses in rebuttal,
urged going on, and the court wished TO
put in another hour, it being but S
O'Clock. and so Harvey Cooper was
called. Harvey was colored. Harvey
was the driver of the corn wagon which
Flemming was loading in the field when
the mill whistle blew. He took an hour
for his dinner and than n hn
stable to hook up the mules. He was
assisted by one other colored man
(Fisher Boone. another carter) and saw
no one at the barn. whom he said he
could have seen had one been there.
A CHART.
Defense here offered chart of the
premises. showing Flcmmngs farm
and the positions brought out in the
trial
Mr.. Walcott objected to this as being
incomplete and giving some positions
mentioned and leaving out others
Mr. Mcintosh disclaimed any inten-
ton of offering the plat in evidence, but
only wished to use 1t as n memorandum
or reference. On this ground the paper
chart was allowed to be used, simply as
n blackboard. After finding the color
ed man could not understand it, the
map was temporarily abandoned, and
the examination resumed.
| Cooper would not swear that Delday
was not at the barn, nor that George
| Hunter was not there.
TOO FAR AWAY.
| He didn't hear any shooting on the
| farm that day, as he was over in
| field beyond the brick house at half
past one. having left the Flemming
place at about ten minutes past one.
| ana consequently could not state as TO
| whether Delday or Hunter were on the
farm ut 1:30 or Whereabouts
| In an effort To weaken the credibility
of the witness by asking him If he had
served Il term in the penitentiary.
Question objected to and point argued:
objection uverruled. WItnesS. Through
| counsel (Mr. McIntosh), declined TO an
| swer. and Judge White. ordering him
| to answer. the question was withdrawn
| Then Mr.. Morris took Cooper over the
same ground, and lie was afflicted with
| n very bad memory, being now sure
ne was still at the house at 1 80 o'clock.
lie couldn't remember anything else ns
10 'irie. btt the idea that he was about
me mouse I'LL 1;30 at least chung to him
| He had never talked with anvonc
ABOUT the case, and. in fact, seemed
nndcr a mental cloud. Court then adj
Journed to 1880 a. IN. to-day
THE SPECIAL TRAIN.
The courtesy OF the Norfolk ana
Southern shown by their running Tho
special train at 10 a. m., returning from
inc courthouse at G:3O n. M, is greatly
appreciated by those attending the
trial and the train was full last night.
some few having to stand. The run to
Norfolk was made in twenty minutes,
Win ono stop at Kempsvile.