The times. [volume] (Richmond, Va.) 1890-1903, 1901-01-04
ORYILLE FLEMING
GETS A NEW TRIAL
One of the Most famous Cases in VIr-
ginia Annals,
A REVIEW OF THE CRIME.
Fleming Killed Man i'll the Crowd
Who Went to Lynch Him and Was
Locked Up iii Norfolk to Pre-
vent Injury to Him.
REVIEW OF THE CRIME.
(specia, Dispatch to The Times)

NORFOLK, VA. Jan. 23.-Judge Prem
lis We ercay a Suffolk, sitting in Vaca-
ton. signed the order granting a new tri-tt
TO Orville l. Flemns. formerly maS!s-
lrate III Princess Anne county, VINO was
convicted in the Princess Anne County
Court or q ctiarse Of killing Clarence
SNYDER. a youth, who met his death on or
near Fleming farm. the lad Having been
shot and killed while returning from
hunting expedition. Fleming was sltS-
pectcd Of the murder, and CROWD OIL
men went to his s.ousc for the purpose
Of dclng him bodily harm. Fleming held
tile fort against all corners, ana shot one
man dead. This man was in the crowd.
and it is said assembled Fleming porch
without permission.
Excitement at the time was at fever
heat, and there were frequent threats
to lynch Fleming. He was finally ar
rested and gave bail. Fleming came to
Norfolk and was at once followed by
large crowd from rlsCe TO place, and IN
front of a Commercial Place gun-Store,
Which he had entered 10 make purchase,
the crowd became so dense that cheI OIL
Police Kizer, as q matter of p-ecautl0n,
took Fleming into custody
KILLED a NAN.
Later he was released and returned TO
Princess Anne. It was then that the
mop went TO his house and Fleming shot
one man dead. 4 coroner'S jury exonsr-
ated him. Fleming was later brought to
Norfolk and confined In the jail mere
pending repairs to the Princess Anne
county, jail Then he was transferred TO
Princess Anne and at the County Court
his trial took place. 1t lasted about a
week, and tie jury. after celebrating a
short while, brought in q verdict or
guilty as charged in the Indictment
and fixed his punishment al fourteen
years in the penttentiary. II VIII pc
noted that Tie jury did rot specify IN
heir verdict any particular ofteuse. but
simply found Fleming guilty Messrs-
George Mcintosh and T. A. Williams. Jr.,
OF Norfolk the attorneys for Fleming. at
once made g motion for a new trial.
which was argued before the trial
judge, Benjamin D. White. Judge White
refused to grant Fleming a new trial.
and the prisoner was returned to Prin-
cess Anne Jail, where ne is now. II can
be said to Fleming's credit he has made
a model prisoner. being at all times quiet
and submissive. His wife and daughters.
the latter two handsome young women
frequently vis'+ - ~-'eo"er
AN APPEAL.
After Judge White had refused to set
aside the verdict, Attorneys Mcintosh and
Williams. prisoners counsel. appealed the
case to the Circuit Court OF Princess Anne
county. to which court appeal lies from
the County Court Of Princess Anne Coun-
sci alleged several grounds OF error re-
sulting from the Introduction or non-ad-
mission of testimony, which prisoners
counsel claimed was prejUdicial TO Elem
ing, but principally on the ground that the
verdict rendered by the jury in April last
was imperfect and such that no court
would be authorized to render q judS-
ment upon.
Mr.. Mcintosh, who is associated with
Mr. Williams in this case, and who, by
the way, is as well versed in criminal law
as any attorney in Norfolk. was inter
viewed by a. Times reporter to-day
'Flemings case came up for a hear
Court on IN appeal Thursday. December
18th said Mr. Mcintosh. All OF the
grounds OF error We're urged by Mr. VIII
Hams. of prisoners counsel, but Judge
Prentiss considered only one, the last re-
fer-red to. and set aside the verdict for
that reason alone. not passing upon any
other ground of error"
"A man who is indicted for murder can
f,e found guilty of murder in the first
degree second degree, voluntary man
slaughter. involuntary homicide. or not
guilty We have a etatute' law in Virginia
that If the jury find a man guilty OF muir
der. the jury in their verdict must further
find whether he is guilty of murder in the
first or second degree. That is TO say, the
verdict must specify in the event they
think he is guilty OF nlurder-what sort.
whether in the first or second degree
JURY AT FAULT.
.sTl1e jury in this case did not specify
any oftense by name OF which the priso-