Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-13
THE FLEMMlNG TRIAL
Jury Spend the Afternoon Review
ing Scene of Shooting.
snydcr's Brother and Delday, tho Colorod
Witness of Shooting, Point out Positions
Counsel for Defence all Present. Also
Nod nIiars-somo Points NIado.


Femming trial yesterday, as. according
was given up to view of the Elem
ming farm. the scene Of the shooting of
Snyder.
Court was not called until IL o'clock,
and then the poll of the jury was taken
and the court recessed for dinner.
GOLD VS.. SILVER.
After dinner time was whiled away
around the stoves in the old courtroom
and the discussion OF the financial ques-
ton between Clerk OF Court I<ellam and
one of the reporters took up some of
the time, the clerk being q gold man."
and the reporter taking the side Of sill
yer. the entrance of Judge White bring
ing the discussion to u close. with
neither side converted.
court, and poll Of the jury was taken
the Sheriff and deputies were sworn.
and the jury started on new intent.
DOWN ON THE FARM.
The trip to the Greenwich Station
was uneventful, Flemming leaving the
train ut Kempsville and taking a car
riage there in waiting for him. At
Greenwich the jury, witnesses who were
allowed along, counsel for prosecution
through the woods to Brooks store, and
there Delday, the negro witness. joined
them, and the march was taken up for
Flemming's place (somc $40 yards to
the corner OF the road the gunncrs
took). Here the party separated, Elem
ming, the Sheriff. deputies. jury and
attorneys going up the road and across
the fields to the spot where Snyder was
killed. and the witnesses going and
standing where they stated the body
was found, and where Flemming stood
when he shot.
WENT AS POINTERS.
Summers not being able to be pres
ent, John Snyder went in his place, and
showed where he found the body, while
Delday. the negro who witnessed the
deed from the barn, showed where
Flemming stood
CHANGED THEIR MINDS.
1t had been agreed between counsel
that In case Summers, who was with
Snyder when he was shot, could not
be present, that John Snyder might be
in his place; also because of numerous
pressing engagements elsewhere that
neither Messrs. Mcintosh nor Morris
should be present and the conducting
of the viewing Should be left to Messrs
Whitehurst and Walcott. Mr.. Morris
was not present, but Mr.. Mcintosh was
in evidence, as was also Mr.. Williams,
his assistant having come out on an
early train and walked to Flemmings
house, though they did not get to the
courthouse. Commonwealth Attorney
Ackiss went TO the road corner and
stayed with the press.
a SLIGHT DIFFERENCE.
Delday and Summers disagreed some
what as to the exact place at which
Flemming stood when firing the shot,
their points varying about 100 yards.
Thus Delday placed the point at the
back of the enclosed lot about the
house and about fifty yards from the
corner of the fence, while Summers had
placed 1t at about fifty yards from the
corner OF this lot along the side of the
house. The distance between the two
points to an observer on the main road
was but few feet. and to one in the
position Summers was when fired upon
and when under fire could have been
but little at his distance.
WILL MAKE A POINT.
Mr. Mcintosh declared he would make
the discrepancy a strong point In dis
crediting the two witnesses, and 1t Is
understood would object further to Sny-
der's presence. From where the jury
stood the difference in the two state
ments appeared very small one to
some of those present-so they said.
AN OUTSIDER PRESENT.
Owing to the fact that not only by
ISLANDERS, but the press were forbidden
by Femming to set foot on his place,
and religiously obeyed his mandate,
their view had to be taken from the
main road. though Mr.. Ned. Mars was
present on the field with Flemming.
But the whole field, orchard, house and
most OF It's surroundings were in plain
view to the reporters, and every move
of the actors in the viewing could he
distinctly seen. Even the small cedar,
about breast high, near where the body
was found. was plainly visible, as was