Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-10
find him guilty Of murder in the flrst

q VS.
The court instructs the jury that, in
a case OF circumstantial evidence. even
thcugh there may be circumstances
which. when taken alone, would not
bear the weight of conviction. but
where. taken together, and considered
In their relation to each other, produce
upon the mind of the jury certainty
or quit beyond reasonable doubt,
| tney must find the prisoner guilty, but
the court further instructs the jury
| that circumstantial evidence must be
/! scanned with great caution and can
| never justify u verdict of guilty unless
the circumstances proved are of such
a character and tendency as to produce
upon fair and unprecedented mind a
| moral conviction of the guilt of ac-
cused beyond all reasonable doubt.
The burden rests upon the Common
wealth to make out its case against the
accused to the exclusion of q reasonable
doubt; but where the accused relies up
on or attempts to prove an alibi in his
defense, the burden Of proving the alibi
rests upon him; but upon the other
questions in the case, the burden rests
upon the Commonwealth.
| The jury is instructed that n reason-
| able doubt Is such a doubt as may be
reasonably and honestly entertained as
to any substantial and material fact es-
sential to prove the offense charged
| Reasonable doubt must be based upon
| the evidence. or such as Is SUGGESTED
by the evidence, or grows out of the
evidence itself. 1t must not be an ar
| bitrary doubt without evidence to en-
terrain it. 1t must be doubt not friv-
olous burt substantial, in order to war
rant an acquittal. 1t must be n doubt
of material fact, or facts necessary
for the jury to believe, to find verdict
of conviction and not of immaterial and
non essential circumstances.
THE PROSECUTION OPENS.
AS soon as the court had instructed
| the jury his honor announced that four
hours would be allowed counsel for
arguments TO the jury. This caused a
| change to be made by the attorneys in
| the order of speaking.
Mr. AclSiss opened for the prosecu-
ton, briefly outlining the story of the
killing, the visit of Snyder and his COM
panion to Princess Anne on a hunting
trip; their visit to Brooks store; Flem-
ming's refusal OF permission to hunt on
| his premises; the shooting of Snyder
| and The evident attempt TO also xiii his
companion, perhaps with view of de-
stroying evidence against the slayer of
| Snyder, be he who it may. Mr. Ackiss
further said that criminal suits were
not primarily and solely to punish the
criminal. but to protect the safety of
the community. He concluded the OPEN
| Ing in about ten minutes, and was fol-
| lowed by Mr.. Morris also for the prose-
cution.
Mr.. Morris opened with n reference
to the enormity of the crime that had
| been committed. He then painted
| graphically the indifference of Elem
ming, magistrate of Princess Anne
county and eX-ofIicio coroner, when in
| formed of Snyder's tragic death, and
the fact that Flemming, s,s such coro-
ner ex-officio took no steps to investi-
gate the causes of Snyder's death.
/ II Will be remembered that in the evil
dence given by witnesses, 1t was proved
that FlemminG had on various occa-
sions acted as coroner Clerk OF the
| Court Killam testified to this effect.
Touching upon the testimony of Mrs.
| Flemming, Alr. Morris refused to criti-
else it. Whether it was true or false
he refused to say, because she was the
wife of the accused, the most devoted
| friend a man can call to his side when
| his life and liberty are at stake. He
! paid Il high tribute to woman, her con-
stancy and devotion to husband and
| children in times when life and liberty
| were involved. He honored the faithful
| wife. he said. no matter what her evil
dence was, and painted a graphic pic
ture of the constancy of Mary Magda-
| lene.
He next took up the question of albi
! and presented in concise manner the
| Inconsistencies in the testimony of the
different witnesses. He recalled the
| evidence of Mary Raby, who testified
| about the time when Flemming left her
house on the day of the killing, and re-
minded the jury of her inability to tell
the time OF day when he (Mr. Morris)
handed her his watch when she was on
| the witness stand.
He analysed the evidence OF all the
| wltnesses-mll hands employed by
Flemming-given in an effort to prove
| an nllhl. and pointed out the numerous
| conflicts in their testimony as to the
| time repairs We're finished at the Elem
| ming mill, the hour the mill started up
on the day of the killing and the con-
tinued presence or temporary absence
of Flemming from the mill, all of which
| was urged to knock out Flcmming's
| claim to an alibi.
| He summed up the evidence in q
mastery wav without reference to a
| single note. and recalled the evidence
! and name of every witness in the order
| he or she appeared on the stand. He
urged and told the jury that the law
| abiding people of the land were watch
| ing the verdict, and the honor and good
| name of the county of Princess Anne
| were involved. He prayed that it
should never be said that the murder
| of child, following innocent boyhood
sport, would so unavcnged and the
| murderer go unpublished. 1t would, he
urged, be n foul blot upon the COM
munity and n disgrace to it's citizen
ship. AT ITO n. m. Mr.. Morris closed,
after an address to the jury of one hour
| and fifteen minutes.
Recess was then taken for fifteen
| minutes