Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-11

L
session, court adjourning at 1880 p. m.
| The dinner hour was more comfort
able than Fridays. Bright sunshine.
singing birds. running rivulets and
smiling skies, added zest to the appe-
Ute, and hearty meals were eaten. and
aided by the curling tobacco smoke, d.
gested.
Court reconvened at LAS D. M, and
George Hunter was the first witness
called. George was colored; lives on
| McClannen'S farm; used to live with
Flemming: was there the day of Sny-
ders shooting: was at home at o'clock
and went to Flemming's stables, where
| he worked; saw Flenming coming from
mouse; think he had a gun in his hand:
| heard shooting after he got in the
stable; don't know how many; saw one
man running toward woods: didn't no.
tice number of shots; didn't see Flem-
ming again till evening, when Elem
ming told him u man was found dead
in the field, and told him further to
keep his mouth shut about it,
MI. Walcott asked Ii he had talked
with Mrs. Flemming to-day. Objected
TO, and question was withdrawn.
| Cross-eXalnied, said he was at the
store when first examination was held,
but was outside; had never talked with
| any one till to-day about Flemming
having n gun on that day. He had talk
ed with Nettie Roberts and others. but
he had told no one that he knew about
the gun or the shooting. He had been
asked what he knew, and he had told
them he knew nothing
That was outside of court and this
was inside" He had told Mr.. Walcott
about it to-day. but had told no one be-
fore; was summoned Monday; would
have come Tuesday but there was no
court; F'lemming was going toward
barn when he saw him.
Asked by Mr.. Morris why he didn't
talk. he said 1t was because he didn't
want to be called in the case. and Tlem-
ming had told him to keep his mouth
| shut.
| Walter II. Smith. of BaysIde, Princess
Anne county. talked with Flemming the
day after the Snyder shooting at
BROOKS store: had conversation with
him; asked what that conversation was.
iie was met with Mr.. McIntosh's OBJ
lection that it was so remote from the
actual occurrence as to form no part of
the res gestae. but could only be adj
mItted as admission or declaration
qualifying the act.
Mr.. Wa!cott argued that the defense
had admitted two parties testimony of
events occurring several days from the
event. while this was but one day from
it.
Mr.. Morris argued that the res gestae
was the elaboration, the shooting and
the killing. The Commonwealth were
allowed to prove the seeing him with
gun, seeing him shoot, hearing the
shots. and admissions by Flemming
made after the event OF any part of IL.
This. he claimed, was admissible test-
mony. They wished by this witness to
prove the fact that F'lemming admit
ted shooting on that day.
After Mr.. McIntosh's retort had pro-
ceeded about q minute the witness was
withdrawn for the present. and VIM.
10. Thompson was called. This was the
witness over whom the counsel split up
In, tHn 1ns-f trt0 nd l@S1
was promptly on hand, and on motion
of counsel the jury was excused during
the argument. (Thompson's testimony
was expected to prove that FIemminG
threatened the life of any one who went
upon his place to hunt without his per-
mission. saying he would kill such IL
one as quickly as he would bird or
rabbiD
During the former trial, on argument.
this testimony was excluded, but on u
rehearing was admitted.
Messrs. Mcintosh and Williams ar
guments were in brief, that unless the
threat related directly to this partic-
ular case, and either, Immediately pre-
ceding, at the time or Immediately after
the event, and relating to the individual
killed, 1t should be excluded. Meesrs.
Morris and Walcott commended that the
threat being made but a little while be-
fore. against a part of a class (hunters
on his land without permission), to
which class the killed man actually be-
longed, the testimony should be adj
mitted.
Judge White decided that the testi-
mony should be admitted and go before
the jury.
VIM. z. Thompson, being recalled
stated that he was a clerk for his father
in a grocery and liquor store, and said
Flemming was In the store the first
part OF the week that Snyder was killed.
The question was then asked. did you
| hear MT. F'Iemmtng HTafke any general
| threats against hunters hunting on his
| farm without his permission" to which
| witness answered. Yes; FlemminS
etated that he would shoot any one
who hunted on his farm without his
permission; he would shoot as quickly
| ms he would n bird or rabbit" Witness
said he didn't intend going shooting
| there.
VIM Blanks, clerk for G. c.. Thomp-
son-F'lemming asked him to come
down and hunt on his property, but told
| him to let him know when he came. as
| he allowed no one to hunt there with
| out his permission, MS any such he
would shoot. &C." The remark made
| no sensation at the time, but later it
did. After that remark OF Flemming's
| the witness said he would not have
gone on that farm. never in this
world.'
Joseph Hodges, another clerk, also
! corroborated the two preceding wit
nesses' statements.
| Samuel Poole colorcd, heard shooting
the day that Snyder was killed, some
whore between u m. and p. M. wasn't
| sure of the number of the shots;
| thought they were from directions OF
| Flemming's house. but wasn't sure they
came from between him and Elem
ming's. or beyond: they didn't come
from the house TO the North or East
of there. hut rather 60 the West of
the road. The rest of his testimony
| amounted to but little.