Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-12

higbiy-excIted condition OF mind, but acted
in O measure IN seli-defence. How far the
cross.examination will serve to weaken such
impressions remains to be seen.
1t has been asceItained that the law In
reference 10 the terms OF county courts does
not Interfere with a case already on trial,
and therefore this can run on uninterrupted
ly beyond the fifteen days limit
ROBERT BRITTLE-AGATN.
The court met at $50 O'Clock This morn
ing, the cross-eXaminatl0n OF Robert Brittle
being continued lie slated that the Sunday
conversation with Carleton Marks took
place in the evening. No one was present
They bad walked together from witnesses
house. where Carleton had been visiting.
and he told the story about the delivery that
was to be OF d. A. Msrks's letter to Balm of
bis own yoliti0n.
FOR THE DEFENCE.
The witness being tod to stand aside, Mr..
McKenney announced thst the Common
wealth rested It's case, and the testimony for
the defence was opened up by the intro
duction 10 the wItness.stand Of Mrs. ID. 4.
Marks, the mother OF the prisoner. She
stated that on the morning Of March 9TH she
and her daughter Sale were engaged In
conversation with Mr.. and Mrs. y. VI. Balu,
when Carleton Marks Killed Balm. Mrs.
Marks then told the story OF the tragedy as
follows:
We-Mr. and Mrs. Balm, salle, and my
seli-were standing IN conversation about
the letter which Mr. Balm had in bis hand.
saw Carleton passing along in the rear OF
Mr. and Mrs. Balm and down near the
dniug-room door. Mr. Balm was talking al
the time, saying, The letter In his hand
"NOw, you all have got this thing to
| / -
saulted Salle in my life III be willing 10
suffer any punishment, II II is 20 put rope
around ay neckand I'll be hung"
Saille said "Mr. Balm, you know 1t Is so,
and II It is not will die right here"
MIR. Balm said; You'll have to die,
then"
| then saw Carleton walking out from
where he had been standing near the well
ana stop and remark 10 Mr.. Balm In very
excited, angry way:
CARTOONS REMARKS.
"Mr. Balm, II had treated child OF
yours like that / would have been dead long
ago."
Mr.. Balm then turned abruptly around,
went toward Carleton with right fist clench-
ed and thrown forward aud the left hand
and arm thrown back. When he got very
near him Carleton said: Stand back. sir !"
| but he kept on advancing, aud Carleton re-
treated and drew his pistol and fired the first
shot, striking BAN on his left side. Mr..
| BAN muttered something which ! did not
understand and bent his head TO the LETT,
| turning his face to the night. lie had bis
right hand TO bis left breast, then bent his
| head as indicated. and Carleton put his pis-
| tol dead 70 Mr.. Baln's face, firing again, the
smoke blackening Mr.. Bans face. The
! length Of time intervening between the two
pistol.sbots was Just sufficient to admit OF
| change Of the relative positions OF Carleton
snd Mr. Balm. 1t was done rs quickly as
could be.
THE HODEL-AGAIN.
Mrs. Marks Pointed oct on the miniature
| model OF the Marks residence aud grounds
the relative position of herself, her daughter
| Sallie, her son Carleton, and Hr. and Mrs.
| Balm at the time the shot was fired. From
! this portion of Mrs. Marks's testimony aud
| that which preceded 1t and related to Garlic
ton Marks's arrival on the scene the infe-
renee is permissible that the young man was
on the spot sufficiently long to have heard
part OF the conversation to cause him to be-
| come excited
BAN ADVANCED.
Mrs. Marks being asked 10 name 80 far as
she knew all the persons who were eye
witnesses to the shooting mentioned Mrs.
Balm, saIie Marks, Percy Marks, c9iored
boy named James Ramsey, and herself. She
then stated that Mr.. Balm advanced from
! twelve 10 fourteen ieet upon Carleton before
the latter fred the first shot aud Garlic
ton walked about eight or nine feet from
the porch.step to reach the point where the
first shot was fired. Alter the second shot
had been fired Mr. Balm turned deliberately
around and started toward home, walked
around by the flOwersgarden fence, a dis
lance Of about twenty-five yards, when he
fell. Carleton did not attempt TO shoot hr.
Balm third time.
o. Did or not Carleton Marks know any.
thiog OF the existence or Of the contents OF
the letter which Mr.. Balm held in bis naud
until be came up 10 the house on March D,
| 1889, as you have above stated?
A, lie did not that know OF.
o. Were or not the relations which existed
between your family and the family OF n. nj.
Balm entirely intimate and very friendly prior
TO March g. 1889 Z
A. They were.
o. Please state II sny member OF your
family. except Sallie, Mr.. ID. A. Marks. and
yourself, knew anything OF the contents OF
the note heretofore referred 10 prior 10 the
morning OF the shooting and At that time.
A. Not thst l know OF. Mrs. Marks
stated that II Carleton had como up behind
Mr.. Balm and shot bin from the rear there
would have been great danger OF the ball
| strIltiug either her or Salhe. Mrs. Marks
named, Ia the order of their arrival, ID. A.
Marks, L. Ii. Emory, DR.. Deveney, X. W.
Lynch, Addle Burton, w. j. Barker. and
! r. w. Scott AZ having come 10 the scene OF
the shooting immediately after It bad occur
red. After the shooting. and before Mr.
Baln's body was carried away, she saw Mrs.
haF.
| upon his shoulder, aud heard her say: Why
ala Won shoot Mr.. Balni" lie replied I:
81 Because 1 could not help it." Mrs. Marks
stated thst the bar.room Is In full view OF the
n,azza. During the conversation between
The witness, Sallie, aud Mir. and Mrs. Balm,
Mr.. Balm spoke in very loud tones and ges-
tIculated violently With both hands. Mrs.
Marks stated that she offered quilt to lay
! Mr. Rains body on, and Mr. Marks offered
his cart TO carry the body home, but both
offers were rejected by Mrs. BAN. A per-
SON sitting at the end OF the dining-room
tsble could have seen Mr.. Balm or Carleton
at the point where the shot was fired.
BLOOD ALONG THE ROUTE.
witness saw blood along the route which
| Afr Rain walked after being shot from the
very spot from which hc started until he
fell.
Mrs, Msrks was asked number OF ques-
tions the tendency OF which aud OF her re-
niles was 10 show that owing 10 deelivity
in the brick walk along the piazza Carleton,
| II be had approached and shot BAN from
| behind. would have stood six or eight inches
tower than BAN. aud that as Balm was some
xbat taller than he the wound In the face
could not have been inflicted IS has been
heretofore testified 10. When Carleton lett
bis place on the porch to 20 TO the place near
the well, where the shooting took place, and
whlie he was saving 10 Balm "If / bad
treated one OF your chidren like you have
| =. sissax rpcxlId hane bean dead lepG AGO ~