Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-10
!. NEARING THE END.
The Trial Of FIemmlng, Of Princess
Anne, for Murder.
rho Instruction. OF tho Court 10 tho
Jury-Tho Argument of Counsel
rho Jury Failing TO Agree, il ADJ
Journea over TO this Morning,

The courtroom was filed yesterday
at the opening Of the fifth day Of the
trial of Orville ]. Flemming for the
murder of Clarence Snyder. Court did
net open until 1t:45 a. m. The pre-
vious hour and half was occupied
by the court in hearing in an adjacent
office building arguments of counsel as
to the instructions Of the court to the
jury.
THE COURTS INSTRUCTIONS.
At the hour OF 11:i5 q. m. court open
ed and read the following instructions
to the jury:
The court instructs the jury that, In
order to convict the prisoner the bur-
den Of proof is on the Commonwealth
to convince the jury of the guilt of
the accused as charged in the indfct-
ment to the exclusion of every reason
able doubt, and unless the jury shall be
convinced beyond every reasonable
doubt of the guilt Of the accused. or be
satisfied as to the truth OF every ma
teral fact essential to his CONVICTION,
then they must find the accused not
guilty.
The court instructs the jury that the
prisoner is presumed to be innocent Of
the offence wherewith he stands
charged until the Commonwealth es-
tablishes his guilt by competent and le-
gal evidence of such a character as to
prove him guilty Thereof beyond n
reasonable doubt, 1t is the duty of the
jury to give the prisoner the benefit Of
all reasonable doubts as to his guilt:
and IL such doubt exists in their mind
they must give the prisoner the bene.
mt thereof. and find him not guilty.
The court instructs the jury that
mere suspicious, however strong. and
not amounting to proof of the prison.
er's guilt. will not warrant his convic-
ton. If. therefore, they believe from
the evidence that the prisoners con-
duct merely amounts to n strong sus-
picion of his guilt but that the Com
monwealth has failed to establish the
same by sufficient proof, they should
find a verdict of not guilty.
The court instructs the jury that, In
order to convict the prisoner upon cir
cumstantial evidence, such evidence
must be such as excludes every other
reasonable hypothesis except that of
the prisoners guilt
IL, therefore. the jury believes from
the evidence that there WAS killing
by some one, of the decedent Clarence
Snyder, but further believes that said
killing could have been committed
either by some other person in firing
a gun or rifle or pistol, either at said
decedent. or in firing at some other OBJ
ject. and that if they believe that the
death of the said decedent under the
evidence could have reasonably occur
red by the above methods, they must
find the prisoner not guilty
The court instructs the jury that if
they believe from the evidence that the
decedent. Clarence Snyder, came to his
death on the 10th day of November.
1899. at the time of that day the Of
fence is charged to have been commit
ted, and that the prisoner, at the time
oil said death. was so far remote from
the scene of said death as to render II
impossible that the accused could have
inflicted the same by any reasonable
instrumentality the jury must find the
prisoner not guilty
The court instructs the jury that, if
they believe from the evidence that tho
prisoner, Orville J. Flemming. was
shooting at a hawk or other bird unon
his own plantation or farm. and that
In so shooting he accidentally and I'M
Intentionally shot the dccedent who
was trespassing upon the farm and
premises of the prisoner, and whose
presence there was unknown to the
prisoner, or if whose presence was
known to the prisoner. the prisoner did
not believe or know TO be within tho
range of fire when firing at the object
10 winch he was aiming. then the Jury
should find the prisoner not guilty.
The court instructs the Jury that IN
order to find the prisoner guilty tbnv
must believe that the decedent came to
ms death Mt the hands of the prisonar
al the bar and that must be cstah-
iishcd by competent legal evidence he
yond reasonable doubt, and that no
suspicious or conjectural assumptions
VIII suffice, and In order to convict tho
accused of murder in the first dnrrne
lhey must further believe that said Kill
ing was wilful, deliberate and nrnmod,-
tatcd.
The court instructs the Jury tbot
every murder in Virginia is presumed
D! law 10 he murder in the second do.
gree. and in order to elevate the Of
tense to murder in the first degree +bo
burden of proof Is on the Common
wealth. and to reduce the offense To n
lower degree of homicide tho burden
OF proof is on the prisoner.
Inc court instructs the Jury that ir
they believe from the evidence bevond
a reasonable doubt. that the prisoner
wilfnlly. deliberately and premeditatolv
shot and killed the deceased. CLARENCE
Snyder. in this county. then they should
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