Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-07

that portion of the conversation that
passed after the arrest.
Witness said Fleming told him he
was accused of killing q man. Elem
Ing said he did not know he had killed
a man, and he was sorry II he had.
After he was under arrest Ferguson
asked Fleming how 1t happened. Elem
ing said he went in his house and got
his gun to shoot n hawk that was In q
pine tree there witness said he was not
sure of the word pine, but that he said
the hawk was In q tree). The hawk
stood still while he fired four shots at
it. It was impossible to see the boys
from where he shot as there were in
tervening brush piles. 1t was between
and o'clock p. m.
The prisoner told him about Snyder's
relatives coming for the body of the
slain man. Fleming toldNthem IL the
body was there they could have 1t If
they wanted it: that one of the men
pointed gun at him. but he (Fleming)
got the drop on him. and said he had
not killed man then, but would do so
If necessary. Mr.. Ferguson further tcs-
| titled that Mr. Crook and his bar
keeper were present during the CONVEX
| sation, and Mr.. Powell was present
during part of the conversation.
| t1cTS MI. euueuNOTeQ W
prove by witness that Mr.. Powell was
| n reliable man; that his opportunities
| for hearing the conversation were as
| good as those OF the witness; that wit
ness had considered Powell reliable
enough to be appointed rs his (Fergu-
son's) dcputy-this. evidently, as ba-
sis for proving Powell a reliable wit
ness for defence.
Mr.. Mcintosh then said he would at
| tempt to disprove the testimony Of the
| witness.
JOHN LESSNER CALLED.
Mr.. John Lessner, of Norfolk county.
| was the second witness. In order not
to bar recall of the witnesses, 1t was
decided to exclude them from court, eX-
cept the one giving testimony.
| He went to Jennings farm next day
| after the killing of Snyder. Fleming
said to him: eff he killed the boy he
was sorry for it." IIe did not admit
killing Snyder. Mr.. Mcintosh made a
/ drtermined-effort bring out facts and
statements relative to the alleged mob
| attack on Fleming'5 house, and the
subsequent killing of an unknown man.
| Mr.. Norris objected to Mr.. Mcintosh
| injecting into the case any irrelevant
matter. alleging that the alleged mob
connection with the case.
The court here stated that 1t would
rule that the whole mob business and
subsequent killing was irrelevant to
the matter in hand If the prosecution
so desired. The prosecution then with
drew its objection.
AN IMPORTANT WITNESS.
The next witness was w. L. Thomp-
son. of Norfolk. n young man. He
said Fleming was in his fathers store
Just few days before Snyder was kill
ed He was asked by Mr.. Wolcott what
Fleming said at that time about hunt
ers going onto his farm. Mr.. Mcintosh
objected to the question as irrelevant.
He said there was not a farmer in the
soupd of his voice that had not made
statements Directing to unauthorized
parties hunting on their farms. He
said the evidence could not be admitted
unless 1t was shown that Fleming had
made threats against Snyder and his
companion explicitly.
Mr.. Wolcott said the answer of the
question would In this case establish a
motive.
Here the jury was asked to retire
while prosecution related what they ex-
pected to prove by the witness.
Mr.. Wolcott said they expected to
prove that Fleming had said In Thomp-
sons store that If any hunter went on
his farm he would shoot him just as
If he was a bird or n rabbit, This, he
| alleged as a motive for the killing Of
| Snyder, and that when Snyder. a day
or two later, went on Jennings farm
the latter did shoot him down as If he
were bird or a rabbit.
A GENERAL. THREAT.
MIR. Morris spoke along the same lines
and asserted that the words OF Mr..
Fleming. general threat Of death to
all trespassers, established a motive for
Killing any one who trespassed on his
farm. He claimed that words and acts
constitute a part of the res gestae of
the case.
Mr. Mcintosh claimed that the words
of Fleming in Thompson's store did not
form n part of the "res gestae" in this
case lie claimed that such alleged
threats had no connection with this
particular case, and hence were mad
MISSILE.
The court ruled that the evidence
was inadmissibie. that the prosecution
had not proved that Snyder was killed
on Flemings land, and for that reason
there was no killing on Fleming's land
proven. The jury was then recalled.
The counsel for the prosecution then
| retired for q few moments for consul
tation.
BROTHER OF THE VICTIM.
The next witness was Mr.. John Sny-
der. of Norfolk, brother Of the man who
was slain. He said he had been before
on the farm where his brother was kill
ed. Witness said about eight years ago
Fleming told him this place was part
Of his farm. Fleming had once given
him permission to hunt on his farm.
Nj Mcintosh here ohiected. that the