Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1914-02-13
DIDN'T TELL JURORS
Of MURDERER'S KISS
Omission in Courts Charge in the
Fleming Case Reason
For New Trial

That the court had unfavorably i'm
pressed the trial jury by failing to
mention how Martin Fleming sat by
his wife's bedside, held her hand and
kissed her just before he fired the
fatal shots at his mother-in-law, Is
one of the chief reasons for which At
torney w. l.. Loeser, chief counsel for
the defense, asked for a new trial to-
day.
Fleming the youthful lunch bar
clerk, was convicted in November OF
| shooting and killing his mother-in-
law, Mrs. Louise Bryan, following her
discovery of his clandestine visit to his
pretty wife and baby. The husband
has contended that his wife left him
largely through the urging of her
mother.
Fleming is now in O cell in tier as,
the murderers' section of the Dauphin
county prison, awaiting disposition of
his application for a new trial. Argu-
ment on the reasons will be heard in
March and if a trial is refused 1t is
believed that the case will be appealed
to the Supreme Court, or perhaps to
the final court of appeals-the Board
Of Pardons of Pennsylvania.
Nine reasons, most of which cite al
| legged errors on the part of Attitional
Law Judge S. J. NJ McCarrell, the
trial judge, in charging the jury or in
admitting or emitting evidence, are
assigned. The reasons were filed to-
day. Associated with Mr.. Loeser is
George L. Reed, both of whom were
appointed by the court to defend
Fleming.
The Fleming case has attracted
more than ordinary attention not only
because of the youth of the con-
victed man, but of his own story of
why he fired the shots-that the act
was prompted by his love for his wife
and baby and his nearly insane de-
sire to see them. Another phase is
that Flemings mother in Ireland does
not yet know of her sons plight. She
still writes letters to Martin in which
she refers tenderly to the baby and
to her son and daughter-in-law.
Martin" the aged peasant woman
of Erin wrote in a recent letter, you
spoke about sending money to ma to
help me-don't do this, but keep it for
the little child"
The testimony in the Fleming case,
the charge of the court, and the rea-
sons for a new trial cover nearly 400
pages of typewritten manuscript.
The reasons assigned include ques-
tions of technicality as to the courts
refusal to affirm law points upon the
insanity problem, the admission Of
expert testimony for the defense, the
relevancy of witnesses by the State as
to Fleming's previous actions, and
some evidence as to the conduct of the
prisoner for several weeks prior to
the murder.
In referring to the charge of the
court on the question of Fleming s
midnight visit to the home of his wife
and mother in -law-the night of the
murder-Attorney Loeser says:
In the charge the learned
| court reviewed the testimony that
was negative to the defendant and
omitted entirely one of the most
important points in the defend
ants behalf, in which it was testi-
fled to, in the confession of the
defendant, that he sat by his
wife's side and held her hand and
kissed her. The omission of this
! part Of the testimony in the
charge and the particular refer
ence to the facts adverse to the
defendant, left an unfavorable
impression upon the minds of the
| Jury,