[3] He participated in movements along the James River and was in the Battles of Cedar Creek, Winchester, Plains Store, Ponchatoula, Sabine Cross Roads, Pleasant Hill, Cane River, Mausura Plains, and Port Hudson.
A few days later, the Democratic Party nominated him as their candidate for the office and he won the election against Republican William J. Youngs.
The District Attorney position now vacant, Judge Bartlett of the court of oyer and toyer appointed Fleming to handle the criminal business of the term.
Governor Hill officially appointed him as District Attorney in August 1887, and he was elected to the office in 1887 and re-election in 1890.
During this term, he fought against pool selling and gambling in Long Island City and had Mayor Gleason arrested for an assault.
[2] He also prosecuted officers of the Western Union Telegraph Company for permitting its wires to be used for illegal enterprises.
He was also a founder of the Jamaica Club, a prime mover in preserving King Manor, and president of the St. Patrick's Society of Queens.