The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-07

GIVING HrH yIHsiON OF Tnr snOOT
ING.


lsp cal to thc TMrsl
~r-srN G. H.. f'4 STONY GREER, May
.G Doc defense has been working hard
lurifr thc morning session to shake the
expert testimony given hy DIR Samuel
Nichol-on Ihi. gentleman it is plain.
has positive conviction fhai Mr. Balm
was shot. not while Doe was iacing Carl
tom Marks hut when his back was par
TALLY turned. and when he was not eX-
pcciiug an attack he defense have
questioned him closely as 90 Dis kn0wi
edge of surgery, and have subjected him
.foa rigid and tedious examination. ll
thc Doctor evidence has been shaken itI
is hy no mean. apparent from his man
ncr on the witness stand Only once ON
Saturday did Doe show any confusion
aud this was in defining the meaning Of
.a1cchnical term Ills answers are given
readily. and il Dis theory is all wrong. AS
the defense claims 10 is. ii is apparent
It.al thc medical expert has firm conf
dcnce in 10. To tO the time Of the adj
ionrnmeni for dinner be- had been piled
with questions thick and fast, bat he has
invariably responded promptly, thus in-
dicailng his belief in his pet theory of
assassination.
The next witness That tine prosecution !
win call. will Dee the wife of the muir
dcrel man She has been here ever
since the trial opened She is very deli |
cate boo appearance. aud her face shows |
the marks 0f care and the evidences of /
the sulcrirg which she has undergone /
When sine testified before the coroner /
jury beer evidence Was of a character io /
hcu oui 60 some extent the as-assina |
lion theory of Dr Nicholson. 40 record /
0f that evidence was made however, |
f dr. Nicholson frankly c0Hies-ing
that Dee forgot tO have The |
testimony committed tO writing. as the J
F law rr0urc- MIS- Balm was az the store /
when her husband received tine letter. |
which was written by the father of the /
prisoner and delivered hy Dr Deyaney |
i1 her husband She accompanied him /
when Doe went o. the house of Mr. ID. A
Marks and there she saw every act in
fhc sad tragedy which followed. Her cyi
dcncc viii he positive and direct 10 Is
s1.d. and This is where the hrst real scnsa-
tiOu of fhe irI1l l- expected
Contrary tOcApcctafi0n 0n SaiHfdavt the
trial will noH go ON unintcrIuptedly 90
the end judge Riyc- did have some inn
p0rant legal business before The Circuit
Court 0l Prince George County which
meets tomorrow. and 10 Was thought
thai Doe would have io attend lhc session
of this court iic has been able, i0riu
natelv. io make arrangements hy which
hc may remain here. and Doe has also sc.
cured the kind offices of Judge Terrell,
of Grconvilic county who viii perform
thc duties of presiding judge ai The term
of the County Cont of Prince George.
which meets next Thursday
MORNING SESSION.
When thc court WAS called TO order
this morning the prosecution continued
the direct examination of Dr Nicholson,
who was on the stand when the ai-
iouumcnt was taken Saturday after
noon The witness had stated previously
that hc did not ihink that The wound ODD
Baiu's chcok could have been inflicted
hy person standing in front of him ,
The prosecution asked that the doctor J.
give DIS reasons, medical and surgical.
for This opinion Tho answer Wa. this
81 can conceive. sir. of no position in j
which % man advancing upon another u
to make an attack could ire pistol bul. .
let's into the left side of the face of the .
advancing person, which would probably v
take the direction as indicated by the v
probe in the examination made hy me OF j
ihc wound The shot must necessarily +
Dee. when bred from ihai position. in a !
more directly backward direction, and as
opposite from the party iniliciing the -
wound
- The defense here asked for q more eX-
phcit explanation and the Doctor Illus d
Imicd Dis theory with the assistance of .
Commonwealth Attorney DreWIy 2
The witness said that the presumption +,
was That thc pistol might De held in q y
somewhat higher position il the party "
advancing tO the attack were i'm close .'
tO the person firing the shot %
lle thought it impossible for Mr. Balm to (,
have received sgch a wound as That Oh y
bis Jaw it Dee were advancing upon l.
Marks with his face 90 the front The
defense then asked whether 10 was "a s'
physical imp0ssbIlty lor man 10 p
lttack another advancing with his =
body "a little bent his head %
thrown little forward and his face a
little downward and turned about a "
luarier Go thc right from straight line u
The Doctor replied that it WHS not. Mt ~
Ncllwaine. placing Depaiy sheriff Ellis =
% thc position described. asked whether "
such 20 wound as Balm received could not
lr inflicted NO was the answer u
.the course of the bali would not be in
le Enr indicated by The probe. The "
position. as the jury will see viii cause >,
he ball nrel from pistol held in the V
direction. 90 go almost directly backward, "
While the probe showed Mr. Bain's wound g.,
I'D be- both backward and downward. VI
rhc Doctor was then asked 90 place Mr.. /
fuis il ihe position representing Bainl y
% which ihe .hoi might have been fired "'
rom the front. and make the track indi- /"
aied by the probe 81 know of no posi- VI ~
ion from the front from which ! can w
oncciNe such wound to have been i''
made. was the response, neither can 'n
oncelye of any position ln which MI. W
Balm. as an advancing adversary, might ~
ave taken to receive the wound ON the ~
aw The Doctor also added that he Ut
ad nothing 90 modify IN his testimony 'u
Question vs. as there anything I'm the 80
npearanle of either wonnd to justify u.
our opinion that Mr. Balm was shot n'
rom behind ~ m,i
" lu making my examination at ihe In ''
uesi the course of the ball was inyesti gu
ated before any evidence was taken, 81
nd in rejecting upon the matter could ~
ONE t0 no other conclusion than that is'
le shot must have been fired from be- al
ind Mr. Bain at bis side, aud with the h'
40 hand am justified in making this \"
pini0n from the position of the wound 4"
nd without amy corresponding testi- "a
iony al the inquest This opinion was VIZ
) mo- decree affected boy. .thc evidence n'
f0ught before nae.
VIII you please explain 10 the jury "a
ow such "a wound could have been in i'
icicd from behind
The Doctor had 10 illustrate bis answer
y placing himself to the left of Deputy hu
nerin Ellis and about half way TO the
ar of him. holding an imaginary pistol ni
his left hand He admitted that he 'ii
d ...t f.o.r tho lyuf ou the neck af