Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-14
Especial to virglnian-Pllot.)

ing a justice of the peace in Princess
Anne county, Va. with jury verdict
of Ii years in the penitentiary hang
ing over him, is to have new trial.
That was determined this afternoon by
a ruling of Circuit Court Judge Rob-
ert Il. Prentis, setting aside the YER
dict of the jury.
Judge Prentis, in deciding, considered
only one point, to-wit; that the trial jury
in its verdict failed to obey a manda-
tory statute requiring juries TO fix the
degree of murder in their verdicts.
The Fleming jury simply found the
prisoner guilty as charged and fixed his
punishment at IA years Imprisonment.
Judge Prentis based his decision on
section No. 4,041 of the Code. which
reads like this:
"If "a person indicted for murder be
found guilty by the jury they shall in
their verdict find whether he is guilty
of murder in the first or second de-
gree
The judge. sitting in chambers, con-
sidered this to be mandatory by an
unbroken line of authority
Now that Fleming will have n new
trial his counsel will contend that his
life cannot again be placed In jeopardy.
and that he cannot be tried for a
Graver offense.
The case will now be remanded back
to Princess Anne and take it's place on
the docket.
FRANKLIN'S MILITARY DAY.
This was military day at the Frank
lin street carnival. 1t was also the last
and the biggest day. Two thousand
people gathered along the streets and
saw the Seventyfrst Regiment march
through the principal thoroughfares.
The soldiers went on q special train,
accompanied by the regimental band
The men had a good dinner. which was
served in Armory Hall. Most of the
officers were quartered at Hotel Frank
lin.
Colonel A. M. Higgins was there. ac-
companied by the following members
of his staff: Colonel Crawley Cecil
Vaughan. Major w. l.. Old, Captain c.
J.. Wright and Lieutenant l.. l.. War
ing.
THREE BATTALIONS.
There were three battalions COM
manded by the following: The first
by Major II. j. Nottingham, of Nor
Portsmouth; the third by Captain
Couch. of Hampton. The parade
formed on Main street at 2;15 o'clock.
Among those at the reviewing stand
were Colonel Higgins, Colonel Luther
II. Edwards, late lieutenant colonel of
the Fourth Virginia Regiment; Cap
tain G. II. Causey. Jr.. of Suffolk:
Lieutenant Griffin. of Portsmouth, and
Lieutenant Goodwin. of Emporia.
THE COMPANIES IN LINE.
There were seven companies in line
Company a. Norfolk, Captain b. c.
Buirow; Company b. Norfolk, Captain
b. w. Salamonsky; Company T. Nor
folk. Captain Z. w. Jones; Ports
mouth company. Captain Owens: New
port News company, Captain Johnson:
Hampton company. Captain Couch;
Franklin company, Captain Watkins.
Hmm yo M Il ,At
Much of the success of the occasion
IS due to the efforts OF Colonel
Vaughan. whose aid to the Franklin
Carnival Association was very valua-
bic. and to the Seaboard Air Line Rail
way Then the Franklin people as n
whole have a way of pulling together
when any plan likely to help the town
IS being considered.
THE OYSTER CASES.
At the end of the third day in the
trial OF Claude Tennis. the first Of the
oystermen to be arraigncd at Isle Of
Wight courthouse in the charge of oys-
ter piracy. the court had not finished
with w. l.. I3loXom. who was still on
the stand when court adjourned this
evening. He Is now being re-eXamined
by the commonwealth. Bloxom, who is
one of the holders of the grounds
which are alleged to have been in
vaded, continued to tell of surveys and
the manner in which the space held
by himself and others had been ac-
CURED The case against Tennis will
not be completed before Saturday af-
ternoon, IL then The result of Tennis
trial will determine whether or not any
other case of the fifty-seven will he
gone through. Several of the defend
ants may he tried separately.
FIRE AT WILSON'S.
Nearly two hundred thousand feet
of dry lumber was burned about II
o'clock last night at tho mills OF Isaac
IT. Wilson. located in Nansemond
county. twelve miles from Suffolk. The
plant and dry kilns were not injured
The blaze began in a shea. The loss
Is fully covered by 50 500 insurance
The origin OF the fire is supposed To
have been accidental The insurance
was carried by Harper e West. 81 SOC
in the Virginia Fire and Marine and
$1,000 in the Home. of New York. The
dry kilns were some 70 feet from the
burned lumber.
EXCEPTIONS PREPARED
A bill of exceptions in the Poole case
whose verdict for 81 600 against the
Norfolk and Western was sustained by
Judge Prents was prepared to-day for
the Court of Appeals. where the rail
road will make n further resistance
The record is voluminous.
a CHILD WIFE.
Thirteen-y ear-old Polly Carr. a Cars
vile school girl. tired of her studies