Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-11
SECOND DAY OF
FLEMMING TRIAL
Another New Witness Who Saw
the Shooting.
COILS DRAWING TIGHTER
George Hunter Corroboratcs Dilday's State
mont Was Afraid to Talk neforo-Long
Legal Battle Over Admission of Evl-
dencc of Threats Mado by Flemmine
Statements Finally Admitted.

The second day of the Flemming tria
opened yesterday morning with the in
terest greatly intensified by the reve
lhtions of Dilday, the negro. who testi
led TO having been an eye witness o.
ttle shooting. The day was full of lega
fatt!es, WHICH. on the whole, proved
Notorious mainly for the prosecution.
a Court was called at IL o'clock, Judg,
White preStding. Sheriff D. d. Batter
I$alled the counsel and ordered the pris
$ESHler brought over. The Sheriff wa.
4oarse from cold. but was heard al
Wight.
The interest In the case had brought
down a goodly number from the city
aYd the thicket OF bug.SIes about the
courthouse was larger than the day
previous. The jury had exercise in the
morning pitching quoits, and it was
slated sta Tor the benefit Of the press thai
the brown-eyed foreman, Mr.. C1ornto
had proven himself invincible. AL
looked bright and fresh and ready FOL
the day.
Nettie Roberts was the first witness
called. She is a colored woman, who
lived on Mr.. Browns land the day of
the shooting, and heard six shots fired.
1t was a little after o'clock. The
shots appeared to be from near Mr..
Flemming's house.
Mr.. Mcintosh cross examined her,
but asked only one important question.
She did not see the Shots
George F. Ferguson. j. P, magistrate
In Seaboard district. received infor-
nation the 10th Of some one killed near
Brooks store. He was at Virginia
Beach. He received a phone message
from Sheriff Cromwell that a foul muir
der had been committed and to go to
Brooks Store. arrest Mr.. Flemming.
Mr.. McComb and a colored woman. He
went. found n strange horse and car
rage. and made the arrests that night.
Flemming stated he had been charged
with killing man. but If he had he
knew nothing of 1t. He detailed his
movements that night. and the next
morning, when the preliminary exami-
nation took place and Squire Pritchard
bailed him, though he. the witness
would not.
a tilt occurred between Mr. McIn-
tosh and Mr.. Norris as to admissability
OF evidence, which ended by both apol-
ogising.
In further question from Mr.. McIn-
tosh. Mr.. Ferguson stated FIemming
told him "if he had killed any one he
didn't know it. He had been shooting
at hawk in tree pointed out to him
by his boy. He shot four times with n
Winchester between 1 and 2 o'clock, or
Just as his hands were hitching up to
go to their work. He didn't know of
any one shot. Mr.. Flemming refused
TO go to Norfolk with him. and he left
him in Mr. Powell's hands. He had no
money with him. and on Flemming' g
say-so Mr.. Powell loaned him n dollar
and charged him n dollar and n quarter.
MIR. Brook and two colored boys were
present during the hawk conversation.
Mr.. Powell was absent during a part of
1t.
AZ w c.o,o, -, a.,,.5 TT.
visited Trimmings home the morning
after the tramp was killed and had q
conversation with Flemming. Asked
him where Snyder was shot at. Flem-
ming pointed out where the young man
was found and said: You know very
we'll that person standing here
couldn't see n man there, pointing to
a pile of brush that might partly OBJ
scure the sight.
Flemming pointed out near where he
stood. 1t was outside the fence on the
side and back of the house. Asked
again, he stated that FlemminE stood
inside the fence when talking and did
not point out where he stood. but only
In the direction that the young mar
was found. Mr.. Graves reverted in his
statement to holes in the house shown
him by Flemming. and the body Of
some one else killed there.
Mr.. Morris objected to the introduc
ton of these statements as irrelevant
Mr.. Mcintosh desired to further ques
ton on these noints as they were
brought out by Comonwealth's ques
tons. He questioned Mr.. Graves or
this point, and brought out the fact
that ne went there. urged by curiosity
to see If he knew the men whom re-
port said had been killed there the da,
before. He was permitted to say tina
he saw dead man lying in the yard
A RI M ice n
testimony. Mr. Graves was allowed e
state that he was shown number o
shot holes in window and door.
He judged 1t was 400 to 500 yards dis
tarcc from Flemming's standpoint t
where he said the young man was kill
ed. This was on Flemming's statemen
alone.
A. s. Lambert. OF Norfolk, visited
Flemminss' house the morning with Mr.
Graves. He did not pay much atten
ton to what was said. and did no
hear all that Flcmming said to Graves
Asked by Mr. Morris what he die
hear. Mr. Mcintosh objected to his an
swering. The point of the admissiblity
of a partial conversation was warml,
| argued by Mr., Mcintosh and Mr.. Nor
ris. Mr.. Lambert finally allowed Il
talk, knew nothing. and had only gon,
down curious to see the dead man.
Mr.. John Lesncr. Sr.-IIc was a
Flemming's house after Snyders killing
the next day.
Lesner wished to first explain why h,
had been out to Trimmings. stating
that AIR. Whitehurst had before init
mated that he had gone as q shake
and he must explain or he would no
testify. He was in deadly earnest. ant
while he impressed all he amused all
but finally quoted and gave in his ties
timony.
He stated he heard Snydcr's grand
father was killed. and went with hi
son to see If 1t was so. He found 1t wa
not so. and meeting Mr. Powell. the.
went. though with some fear. to Elem
ming's house. There Flemming showed
him the bullet holes in the house, ant
that Flemmlng said he was not sorr!