Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-15

out and court sustained Mr.. Mcintosh
at Mr.. Morris request. MIR. Mcintosh
mere got In an elegant humor, and
laughingly declared he wouldn't get
mad. no matter what Mr.. Wolcott said
about or to him.
j. l.. Pritchard, Justice OF the Peace
Tor Princess Anne. His testimony was
objected to on the additional ground OF
the witness being a magistrate. Court
overrued objection and the testimony
was admitted. He remembered nothing
OF value to anybody.
ISL COOPER REMEMBERED.
Peter Roberts, colored, called. He
met Harvey Cooper in road near Elem
ming's house the fatal Friday. Cooper
said he had conversation with Flem-
ming the day before and he said he had
shot one man the day before and the
other one had 'hauled." Harvey Cooper
said he and his wife were in their yard,
saw FlemminE alongside an apple tree
shooting; saw Il man running toward
the woods and think he said he hailed
him Roberts. cross-eXamined by Mr.
mcintosh. said he had talked with the
Fooles about this: wasn't in other trial
because he wasn't summoned.
A CRITICAL POINT.
Jno. B. Hebden was at Ilemrnings
S3wmill at about IL O'clock, 18th:
bought lumber from Flemming's fore
man. PAID $2.Tl; 81 cash to the darkcy
Tor which John Crooks gave him re-
ceiDt. Mr.. Flcmming' was not there
that 1 saw; did not ask for him. Re-
ceipt produced In court and showed to
counsel and prisoner. Answering court:
saw wagon there getting lumber;
s ss no buggy or other wagon was
there about fifteen minutes. Small
saw was running. large saw not run
ming; hitched horse at Crooks store:
co.ored man got out lumber for me:
did not 20 to the office; don't know
Where Office is, nor did see FIemming.
rurther questioned. gave itinerary of
Trip from home and back-with a slow
horse
ANOTHER FARMER.
william Blanks recalled. Noted corn
neIo fodder and tops off; could see n
Coy OF enid at the distance where body
was found from the house.
Mrs. Flemming recalled: testified rs
20 conversation with Dilday He came
10 mouse for saddle; said Mr.. Snowden
ma told him that he had got 10 pIt
thls on the old man (Flemming) or
ssneS would put 1t on him. She called
McComb and he talked with him.
INSTRUCTIONS.
Court recessed till about 4.s0. when
counsel offered the Instructions thrv
"isneo the court to give the jury and
sued me points they wished admitted
or excluded, Mr. Mcintosh giving m
mixing Of his defensive argument by
canning that charge, from the case
Oh Bram. Boston, United States Court.
marine murder, should be given in This
case GIGS United States) This Il is
Understood. is to allow of the Idea or
belief that somebody else might hava
committed the decd
me instructions to the Jury will he
SNen this morning to 1890 O'Clock of
winch court was adjourned
FLEMMINCf FAMILY PRESENT
Mrs. Flemmlng and her seven chill
dren We're present in court ana Tho
youngest created n smile by throwing
Kisses to her father which the prisoner
returned.
The argument will consume five hours
OF To-day, and the case will be given
10 the jury this afternoon, and it is
me common concensus that n verdict
VIII ne reached before the train returns
to Norfolk. This is, however of course
merely guesswork.
THE SCHEDULE TO-DAY.
The division OF time and schedule of
couhsefs argument will be as follows,
as by agreement made last night:
commemorative Attorney Aclliss
VIII onen with q fifteen-minute spccch.
lie VIII be followed by Mr.. Whitehurst
senior counsel for defense, in an hours
argument AIR. Morris, for the prose-
cution, will follow. speaking about an
heai.-Fhen MIR fffiams, for rt,. li,..
1ense. Will occupy about forty-fivc min
,rtes, and Mr.. Mcintosh, who has play-
ed the most prominent part in the de-
tense, VIII follow In the closing for his
side. Mr. Walcott will close for the
prosecution, using about one and n half
hours. Judge White will then deliver
his charge and instructions, and the
case VIII he given to the jury, proba-
bly, at a little past 6 O'clock.
NOTES.
In a confidential chat Mr.. Walcott
attorney for the defense, referring to
statement In yesterdays issue of the
Tlemming trial, remarked that he
hoped he did not reflect on Mr.. McIn-
t6sh-s professional action In the case
as that was farthest from his thought
lie had no wish to reflect on him no
transgressing professional ethics, and
would not believe he would do thnt
under any consideration, MIR. Mcintosh
and he being the best of friends. The
event was considered closed
The courtesy OF the clerk, Mr.. Kcl-
lam, has been so uniform and unfallinr
that 1t deserves special mention; in fact
the courtesy of all there met has been
OF an high order
Sheriff Batten also comes In for his
share OF praise from all connected with
the case for his willingness and kind
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