Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-07
FLEMMING'S CASE
continuedfro Page 2

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land where the killing occurred, at the
time of the killing.
Mr.. Wolcott argued that IL 1t could
be provedsth he exercised or claimed
to exercise domination and control over
the land eight years ago, twas q pre-
sumptfve fact that his ownership still
continued, in the absence of proof to
the contrary. The court ruled that not
only past ownership or claim of. owner
ship be proven, but also continued and
present ownership, or claim of owner
ship.
Witness said the distance from the
Fleming house to the spot where his
brother was killed Is 275 steps. The
witness related his call on Fleming at
Crooks store when he and q companion
went for the body of the claim man.
TO VIEW SCENE OF KILLING.
At this point Mr.. Wolcott moved that
the jury be taken to view the place
where the crime is said to have been
committed, in order that the members
thereof might have a clearer compre-
hension OF the evidence offered in the
case.
Mr.. Mcintosh stated that he had no
objection, but that the jury could only
sec the land without any explanations
while so viewing the land in the pres
ence OF the prisoner.
The court ruled that the place where
the body was found could be pointed
out to the jury.
MIR. Mcintosh urged that the motion
was premature. He also objected to a
witness pointing out the place where
Snyder was killed.
Mr.. Morris cited in sport of the mo-
ton Norfolk case in % Virginia-Com-
monwealth VS.. Charles Williams This
will be remembered ,as a case of muir
der on board of n small schooner at At
lantfc City Ward. where the jury was
taken to view the schooner where 1t
lay, and one of the witnesses pointed
out to the jury where the body lay,
where blood stains on the deck had
been painted over, and other evidence.
The court decided to refuse granting
the motion at that, time.
CLERK OF THE COURT TEsTIFIEs.
Mr.. Kellam. clerk of the court, was
then called to the stand by the prose
cution. He was questioned as TO the
boundary line between Norfolk and
Princess Anne counties. He testified
that the nearest point of this boundary
line was about IL miles from Mr.
F'leming's house. He was asked to pro
ouSc the record OIL title covering the
land occupied by Mr.. Fleming, but this
was passed over. He testified to the
election of Fleming as a justice of the
peace for Princess Anne county, and
that he had held several inquests.
Mr.. Norris then brought up the cues
ton Of the evidence of words spollen
by Fleming. At this point the court
announced there would be recess of
thirty minutes. The court then re-
sumed Its session about GAS D. m.
THE Line OF DEFENSE.
At the afternoon session of the court
F1emming, the defendant. was mi nm
the stand in his own defense. His tcs-
timony developed that an attempt
would be made to establish an alibi in
his behalf. He testified that at Tho
time young Snyder was said TO have
been killed on his plantation he (Flem-
ming) was absent from it.
Several members of Flemming's fam
lily and three pr four other witnesses
also testified that he was not on his
place at the time of the killing.
The trial Will be resumed this morn
ing. There are several more witnesses
to be heard for the defense, and n few
in rebuttal. 1t is thought the case
Will be given Ito the jury this after
noon.