Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-10
Prosecution introduces Witnesses
Who Saw the Shooting.
HOT LEGAL ARGUMENTS
Bluc-Eyed Jury Secured From Pungo Old
Courthouse Packed CoIorcd Man Tcs-
titles to tho Shooting and to Being Fur
nislied Money to Disappear by tho Dc
PENDANT Tho Testimony of Other wit
ncsses.

The Princess Ann court was called at
IL o'clock a. m. yesterday, with Judge
y. d. White presiding. The sheriff OPP
ened court and called the attorneys in
the familiar style that the old court
room had echoed to for three quarters
OF Il century. Two-thirds of the audi
ence were standing, as the seating ca
pacity was insufficient for the crowd
The venire having been called, and all
but one responding, the mileage of the
venire was called and the attorneys
declared themselves ready. The miss
ing venlremen, George It. Gornto, had
been on the ground, and, after some de-
lay, was found.
The attorneys for the Commonwealth
were Messrs. A. j. Ackiss, p. j. Nor
ris and Harry l.. Walcott: for the de-
fence, Messrs. George Mcintosh, w. J.
Whitehurst and L. a. Williams.
Mr. Mcintosh demurred to the in
dlctment and moved to quash the same
on the ground that the venire of six
teen should have been issued before
the term and that the writ of venre
facias did not run IN the name of the
commonwealth. He also moved to re-
move the case to the circuit court
This last motion was made first in the
record, and all three were overruled
EXAMINATION OF JURORS.
The case was decided to be de novo.
and tho Indictment being read, the
prisoner. O. I. Flemming, plead not
guilty, and the jurors were then cx-
amined.
Walter II. Hill had objections to cap
ital punishment and was excused.
George Il. Gornto, being asked if he
had objection to capital punishment
on circumstantial evidence, Mr.. McIn-
tosh asked the authority for the ques-
ton and was answered "the Culver
Jus case"
]. r. Malbon was n brother of a jur-
or In the former trial and thought 1t
would take evidence to remove his i'm
pressions. He was rejected.
W. w. Dawley had strong opinions
and was excused.
w. S. Hartley rescmbled Buck Fan
shaw In that the judges question In
regard to impartiality was n trine too
high for him, and he had to have 1t
translated. He had no decided opin-
ions, however, and was accepted.
Some quiet chaff among the attor-
ncys brought out the fact that all the
Veniremen, save three, We're from Pun
go district; of the other three, two were
from Back Bay and one from Black
water. This gave total of thirteen.
William a. White was the first of the
second venire called. He was former
member Of the Legislature from Pungo
District. He resides at Creeds. He
was accepted.
James i. Simmons was the second
and was accepted. w. r. Stone was
the third; was accepted and completed
the tale of jurors.
THE JURY COMPLETE.
The attorneys retired and struck off
four names, and then w. w Jarvis,
Alex Jarvis, George r. Gornto, John
7. Batten Van b. Capps, William r.
Munden, w. p. Hartley. James e. Cart
wright, u. b. Ives. Y. *. White, James
l.. Simmons. w. F. Stone were sworn
ms the jury OF the trial.
a peculiar thing noted was that elev-
Ell of the twelve men were blue eyed,
the twelfth being brown eyed
The clerk then read the Indictment.
and the court recessed for n half hour
at 1:20 o'clock p. m.
AFTERNOON SESSION.
Court convened at 2:O5 u. m.
n motion was made by Mr.. Walcott
to exclude witnesses while not testi-
flying, and he also gave notice that the
view of defendants premises would be
had by the jury next Monday, all Of
counsel consenting.
Mr.. Williams qualified as attorney to
practice before the court
Sidney ]. Summers was the first wit
ness to give testimony for the prosecu-
ton. He lives at 10 Johnson avenue,
Huntersville. Knew Clarence Snyder for
ten years and was with him on the 10th
of November on a cunning expedition,
the day of Snyder's shooting.
He described the start, the meeting