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

etAVNShI aS nLol 0OlIle Ouc n3Q Deen
shooting hawks. and had accidentally
Killed man, but when he got home he
found no one had been shooting.
|. EXTRAORDINARY ACTION.
Cross-exarnined by Mr. Wolcott:
Knew Flemming was charged with
murder, yet let him go home alone, and
l went to my home. 1 have gone on
Flemmings bond several times He
offered to go home with me. but de-
clfned; went to Justice Pritchard's, and
there did not say Flemming had said
the day before that he had been shoot
Ing hawks, and If any one had been shot
1t had been by accident.
In explanation of what he told Mr..
Brown. he did not know Mr.. Snyder,
nor his name; again denied the "hawll''
remark; met Caleb Chaplain as he
passed my store, but did not make the
same remark to him.
LOSES HIS TEMPER.
Powell got very much excited and
angry, and answered that he didn't see
any use in answering the same uues-
ton n dozen times. He answered, No!
No! No! Two others he remembered
the same way: "the report said Flem-
ming had been shooting hawks and had
killed man.; he had only answered
that way.
Powell, Mossrs. Morris and Wolcott
had lively time over this reiterated
question. Powell declaring that pair
Of glasses could not terrify him, ana
MT. Morris retorted that he, neither, ex-
pectcd to terribly, nor be terrified, but
he was going to find out what witness
knew, and should ask what he pleased
Mr.. Wolcott poured oil on the waters
and the questions were answered.
CRACK YOUR WHIP.
Powell. when brought to bay by MT.
Morris, frequently exclaimed: Crack
your whip. sir! Go ahead; I'm not
afraid, and don't care If you do contra
dict me-crack your whip!" Powelrs
manner made bad impression on the
spectators. and it is said that several
of those whom he contradicted made
unflattering remarks as to what would
happen IL he told them that. His Wa
terloo came later.
His store about eight miles from
Norfolk; two and q half miles from
Flemming'e store.
BY Mr.. Mcintosh: The report said
&C., hUtn't had any conversation
with Flemming, nor had heard any one
else that had.
To Mr.. Whitehurst: was appointed
deputy verbally; had no warrant, and
don't think Ferguson had.
MIR. Walter Paydon stopped ut Pow
ellis store; Powell told him 1T was re-
ported Flemming had accidentally shot
n man shooting hawks.
Queried as to Powells character, he
knew little about it; nothing bad, how
ever.
THE BROKEN RIFLE.
Mr.. McComb (recalled): Knew Elem
ming's rifle was out of order, as I had
broken 1t n few days before Snyder's
killing, and examined 1t again after
the mob went there. and it was in the
same condition; extractor broken; had
to use a knife TO pick out the shell af-
ter firing; don't recollect whether
f1emming was present when I looked
at the rife; it was hung over the back
door on hooks; was not summoned at
the former trial.
George V. Dashiell. gunsmith, testi-
fled to repairing q rifle for Mr.. Flem-
ming; after some one was shot at his
house.
THE JAIL HABIT.
Court then adjourned for dinner, and
everybody started gladly for Jail. This
eating at jail. with the elegant fare
there provided. is likely to inculcate
bad habits. it is feared. the tender rec
objections of some. taking away all fear
OF stone walls and iron bars.
Court reconvened at 80 p. m.
MARS ON CROPS.
Z. B. Mars was called. He remem-
bered that the corn fodder was on the
stalk; bushes in plenty, and leaves on
the trees; vegetation was green; corn
stalks had not been cut. nor hedges
burnt No cross-Questions.
Flcmming was recalled and re-
sworn: Sunday night. at the time of
the tramps' shooting. he used his shot
gun and pistol; his recollection was the
same as Mars in regard to vegetation.
Answering Court: Storm of last Au
gust did little damage to corn on that
piece, least of any on his farm.
Answering Norris: Did not testify
last term Of court as to condition of
rife, or state Of vegetation, as he was
-net-stiitea the-eHestions. ----
Defense here rested, and Caleb Chap
lin was called in rebuttal by prosecu-
ton.
POWELL DISCREDITED.
Knows A. w. Powell: had conversa-
ton with him just after the shooting;
asked to state the conversation.
Objected TO by Mr.. Mcintosh, on the
ground Of being purely hearsay evil
dence. The point was argued, Mr.Mor-
ris contcnding that the foundation had
been laid while Powell was testifying,
Mr.. Mcintosh contending that this was
illegal. The question was withdrawn
and propoundcd in another form. Again
objected ito, and again argued, Mr.. Nor
rs reading from Wharton on permits
sion for contradicting or discrediting
witness. Mr.. Mcintosh argued
against him from the same quotation.
The Judge ruled that the evidence
should be admitted-not as evidence
against Mr. Flcmmng but as evidence