The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-05
CARLETON MiEKS on TRIAL FOR HIS
LIFE.
pTRfTC FEEL{NG SAD 70 m
Evenly DIVIDED.
ACTING CoHONtR NICHOLSON On TIN
STAND.
lie s. Very Higidiy Gross YNamined by
Counsel for the Defense The Character
of the wounds Described Third
DAYS Proceedings.


testimony as was given by Dr Nichol-
SON. the acting coroner. who held thc.in-
quest upon the body of Nat Balm. nor
were they prepared at that time 20 qucs
non Dr. Nicholson opinion as "a mcdi-
cal expert II Will be observed that the
prosecution introduced the Doc
Tor for the purpose OF proving
chat Balm was shot from behind briefly,
that hc was assas-inatcd in ihe presence
of bis wife and thai he had no means
by which to defend himself This is not
at all the contention of the defense. be-
cause they claim lhaf they can produce
evidence iO prove exactly ihe contrary
Young Marks they will endeavor t0
show. acted under extreme pfOyOCa-
ion. and only used his pistol when
Dee thought that he was justified
i'm having recourse 90 such weapon
The painful thought in connection with
the whole affair. is that ihe killing
was Witnessed only by Mrs. Balm, iAc
wife of Nat Balm. Mrs Marks the
mother of thc prisoner, and probably by
the latter daughter. amerc child. w hen
these Two ladies are placed upon the
stand 10 is possible that the "uuc in-
wardnc.-' of the alleged murder may nc
developed. although distressing scene
i- anticipated when This stage of The trial
is reached
Mr W r. McKmney. of Petersburg,
is conducting the prosecution ass the
representative of the Bain family. MI
Mckenncv Wil DE remembered as cOun
sch for Hon J. &. Ncnable in the con-
tested election case in the Fourth Com
rre--ioual District lie is % lawyer of
fine abilities and an exceedingly shrcwd
cross examiner The questions which
he has pui have been very searching.
and bis conduct of tine case has been %
rroat surprise tO the defense. On
tlc other hand Nh W. =. McllWainc,
ALSO 0f Petersburg, who is managing the
defense. is very eloquent advocate,
who is meeting Mr. Mckenney at every
n0int The fcsuli IS AN interesting trial.
bui the climax is yet to he reach. Nh.
NciIwMnc has entered heart and soul
into ihc defense.
ON the third day of the trial 10 may hc
said that public ierlin. IS about evenly
divided The father of the prisoner is q
MASON in high standing, and 10 is under
stood that Dee has parted with all his
property iu order to provide for the de-
tense of bis SON. The mother and sis-
ter- of thc accused nll stand siOutly by
him. and believing. as they say they do
iu his innocence of The charge which
The prosecution are cnicavorng tO sus-
tain their fidelity and support are very
beautiful ON ihc other side 10 may bee
said that The BaIns are numbered
among 'ho Wealthie-t and most
Influential families in the county, " eN-
cecdiuey claui-h. as they have been
anflv described NW Balm WAS one of
the most worthy men in the county. and
of course hi- violent death bias excited "a
rroa, deal of Indignation among bis
large circle of friends and acquainiances
This is fair statement of the feeling
which is manifested ON The court green
which may he taken to DE fair index OF
The feeling throughout the whole county
THIRD DAYS SESSION
When court met This morning few
minutes after Q o'clock. the defense at
once proceeded 20 ihe cross examination
of Dr. Samuel Nicholson, whose evi-
dence Yesterday was regarded as SO dam.
airing io the prisoner Dr Nicholson. IL
wil be remembered had testified
that. in his opinion, Mr. BAN
was shot from behind by the
prisoner Carleton Marks This be said,
Ma, indicated hy ihe track taken by the
bullet. as shown by the probe. The
doctor arrived little late, having spent
the night with friend, Jadge Cooke
Judge Riycs imposed a fine for This
but subsequently remitied II
AT the request of counsel ON both sides
Question by Mr. McIlwaine for the
defense. Doctor. YOU have stated that
Won are "a graduate of Hampden-Sidney
Medical College Will YOU please state
at what time 10 had an existence,
Answer 10 was The same college which
is now the Medical College of Virginia
/ do not know at what time DO was start
ed have diploma from that institu-
tion. / have been pracucing medicine
in Sussex.
lThe questions which followed were
aimed 10 ascertain how well mp the
Doctor was in medical Jurisprudence.
In examining wound found upon me
body of person recently dead, I'D lhe
absence OF direct testimony as tO how the
wound was given, how should the nature
and extent of the wound De asceriained,
and how would You determine The prob
able implement with which the Wouno
was inflicted
In examination of the wound, should
think positive testimony as 10 the course,
character nature, and extent of the
wound could only be positively ascer-
tained bv dissection The character OF
he wound may be determined 10 some
extent bv the appearance of the wound.
II inflicted with q sharp instrument, it
will have the appearance OF cut edges
and If hv % bullet. the wound Will not
exhibit an appearance 0t ihal character
hut will have more or less rounded ap-
pcarance. with the edges of the wound
more or less ragged and torn.
TIE CHARACTER OF THE WOUNDS.
You say that YOU examined The body
of Nj Nat Balm in the capacity oi JUS
tice of the peace acting as coroner ana
physician. Please state whether you ana
anything else than view the body, and II
So. in what capacity
viewed both wounds on the body IN
the capacity of physician, and examined
to some extent the wound in the jaw, by
means of small silver probe.
How did il happen that YOU probed
the wound in the jaw and failed 10 probe
the wound in the breast is the jaw re-
rarded by medical men as more dan
gerous part than the left breast
did not probe the wound in the
breast because ! saw no necessity, as
wound in that position is regarded as
necessarily and absolutely fatal. ! eN-
amined the wound in the jaw with the
probe 10 Judge somewhat Of the direction
of the ball and the character Of the
wound. regarding this wound as also Ia
tai in its character.
What was the appearance oi the
wound and the direction of the BALI
The direcJion indicated by the probe
was rather downward and backward, In
dicating that the ball might escape from
the middle of the neck on the opposite
side. / do not know where the ball
1,4.-ad oa ma search was made Tor IL.