Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-09
THE FLEMING CASE.
Judge White Sustains The Yer
dict Of The Jury.
Tho Case Now Goes To The Circuit Court
On AppcaI-Fight In Norfolk Court or
Law Aud Chancery For Commissions
Property Transfers Police Court Cases

Anne County Court, yesterday denied
the motion for n new trial in the case
of Justice of Peace o. I. Fleming.
who was sentenced to fourteen years
in the DeniteSitiary for killing young
Clarence Snyder. of this city. last fall.
Fleming heard the courts decision
and was. of course. disappointed, but to
all outward appearances he is appar-
emily cheerful His counsel. Messrs.
George Mcintosh and T. A. Williams.
Immediately after hearing Judge
Whites motion. noted an appeal to the
Circuit Court. The case Will come be-
sforc Judge Prcntis.
The counsel representing the prose-
cution will. of course, Oppose a, new
trial. Messrs. II. X. Wolcott and p. ].
Morris. Of this city. and Common
wealth's Attorney Aclsiss. of Princess
argument in opposition to Mr.. McIn-
tosh'S motion for IL new trial.
Fleming was brought back to Nor
folk yesterday afternoon by Sheriff
Batten. OF Princess Anne. and lodged
in Jail here again to await the final
outcome of his case. His lawyers are
hopeful of winning.
JUDGE WHITES DECISION.
Judge Whites decision is as follows:
This is Il motion for n new trial in
the case of the Commonwealth VS.. O. I.
Fleming. uDon an Indictment for muir
der.
Upon the indictment the prisoner has
Deem arrafgned and tried. During the
progress of the trial exceptions were
taken as to the admssibility OF various
matters of evidence, as we'll as to the
instructions given by the court
The executions to the admission OF
the matters of evidence were not siren
g
new trial was argued; nor were the
objections to the instructions OF the
court stated or argued. The court has,
however. carefully considered the ques-
tons raised by the exceptions to the
evidence. but falls to see that any error
was committed. The books sustain the
views taken at the time OF the trial.
AS to the instructions, no error has
been assigned in argument. and the
court does no. see but that they fairly
express the law as applicable to the
case.
The principal ground alleged for
new trial is to the form of the verdict
as rendered by the jury-the verdict
being In the following words: I'VE, the
Jury, find the prisoner guilty as charged
in the within indictment. and fix his
punishment in the nenitentary at
fourteen years" the object being that
1t does not state the degree of the muir
der OF which the accused Is found
guilty, and. therefore, does not comply
with the provisions of No. 4041. Of the
CODE. which reads, in so much as it
applies to this case, as follows: "If q
person indicted for murder be found by
the jury guilty thereof. they shall in
their verdict find whether he is guilty
OF murder in the first or second degree.
This statute does not say that
the degree or murder shall be stated In
terms. but that tho jury shall find"
whether the accused be guilty of muir
der In the first or second degree. What
IS the finding OF the jury in this case?
III ls That he is guilty as charged In the
indictment. and his punishment is fixed
at fourteen years in the penitentiary
Inc jury. under the indictment, had q
perfect right to find the prisoner guilty
of murder in the second decrec and
nave they not found him guilty of muir
der in the second degree, and does not
the punishment fix the degree of the
crime? In Bcnton'S case, 30 Va. (21 S.
y. r. 1850. the Supreme Court said
that the degree of punishment fixed
the grade of the crime %. 1881.
Nerdicts OF juries are 10 be construed
te theii. aver
dict of jury in q criminal case must
always be read in connection with the
Indictment; and il 1t be certain. upon
reading them together, what is the
meaning of the verdict, it is sufficiently
certain Henderson VS.. Commonwealth.
SUP. Court Rep. Jan. %. %. S. Ho,
backs case IS Graft, 924)
The punishment for murder in tho
second degree is by confinement in tho
Denitentlary for q period of not less
than five nor more than eighteen wears
What other grade of killing does tbe
punishment fixed by the verdict in this
case Ht! None except murder in the
second degree.
1t Is not, therefore. sufficiently GER
tain upon reading the Indictment and
the verdict together what was the find
ing of the jury? 1T is to the mind of
the court. and the motion for a now
trial is overruled.
NORFOLK COURTS YESTERDAY.
liam II. Wood and wife. Mrs Wartha
"A. Wood. for the recovery OF s1O5 as
commission on the sale OF a house ard
lot, 80 tried yesterday by Judge
hanckel and jury in the Court of
Law and Chancery. The defendants
set up claim that they only owed the
plaintiif $50. and contended that a CON
tract signed by them. which purports to
give the plaintiff per cent. commits
sion on the sale. bears signs of era
sures and the substitution OF matter
to which they never placed their sig
natures The plaintiff strongly denied
the allegation.
'N fI','H'4'i 'N.'' given d NeTulCL Tor
Si5. Judge Hanckel ovcrrulcd his mo-
ton for a new trial.
Is. Mccain was granted a liquor IL
ccnse to do business at $50 Water
street.
PROPERTY TRANSFERS.
Deeds making the following property
transfers were recorded in the Clerk {,
Office yesterday:
Abe Lehman to Moses jacobson. the
grantors interest in the business of the
Atlantic Coal and Wood Company. at
1871 West Brambleton avenue; s1.375.