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

its impetus and vet checked 20 such an
esfent as 10 find a lodging somewhere
} before leaving the tissues OF the neck.
What j. the effect Of the ball striking
hard surface at right angles
It's progress is checked
What is the effect when IL strikes at
less than a right augle
n the force is not sufficient TO over
come the opposing obstacle there would
be detection of The ball a pistol ball
shot obiquely into the water. If the
ohliouifv were great. might possibly be
detected. as "a shot fred might richochct
when fred at distance on q body Of
water II fired at close distance the
effect would not be- appreCiabc I'm Mr..
Balm wonnd TIE ball passed through
the upper surface of the iawhone, and
into or through portion of the tongue.
/ ! cannot state further the tissues through
which 10 passed.
Or. Nicholson 3 cross examination vas
resumed az the afternoon session OF the
court which was ihree-quarieIs Of AN
hour late in reassombling on account Of
! the sudden sickness of one of the jurors.
/ The Doctor was asked a number OF ques
tioms. an with reference 10 the course
that a bali would follow, and It's effect
under given circumstances, the defense
stiH endtayOring 10 impeach his
ability 10 give expert iesu-
mony. The witness conceded that
Doe could not ascertain exactly
the extent of the injury in a case similar
% Mr. Bain's unless ne could probe the
wound farther than his probe would go.
he would say. however uncquiyocally'
that the wound i'm Bain's face was fatal
The fact upon which be founded this
opinion was that ball fired in that di-
rection could not fail TO iniure some im-
pOriant blOOd-yessel although he could
not name any such vessel, because the
wound extended beyond The reach Of the
probe
ln this instance the doctor testimony
was weakened IN reply TO the question
whether be had I'm his possession or
under bis control any paper purporting
tO hc his recollection of the evidence
given at She cOr0ncr's inquest, the Wit
ness answered positively that he did NOT
possess such q paper, nor had he ever
made any such memorandum.
Several incisiyc questions were asked
hy Mr Holland and imperiectly am
swcred bv the witness, and at j2O +. VI
Mrs Elizabeth Balm. the wife OF the de- /
ceased. was called bv the prosecution. /
She came into the courtroom dressed in I
deep mourning and heavily yciled. She
was escorted by the father of the de- /
ceased Her testimony was as follows /
am the widow of the late y. VI /
Balm was in company with my has I
band 40 the residence of David A. i
Marks. of This county, when hc Wa- .
killed hv Carleton III Marks. While /
talking with Mrs Marks. the mother of /
Carleton Marks. my husband being my
side. heard the report of pistol and /
the words. con Carleton turned tO
look. when saw Carleton Mark with q
pistol pointing 40 my husband. My
husband had DIS hand 10 his face and
begged him NOT iO shoot any more My
husband then walked the distance of the
house and yaIl and icil Two shots
were fired When he begged not 10
Dee shot aeain ihe report of iie
pistol followed almost simultaneously.
The second shot was fired as quickly
after the first as 10 could be done
did not hear Carleton Marks say any
thing 10 my husband before The first shot
was fired, neither did | hear him say any
thing before the second shot. When
mv husband turned after the last shot
and walked the distance of the yard.
caugh, hold of Cartoons ann
When turned him loose be-
followed my husband. The prisoner
was pursuing nay husband After had
released his arm be still had the pistol in
bis hand Ms object in seizing his arm
was TO keep him from shooting Mr. Balm
A gain J asked him, PLEASE DO not shoot
my husband any more. j had no init
nation of the presence of Carleton Marks
nul I heard the first pistol shot and
The words, "Oh, Carleton My husband, ,
4hen he received the FIRST shot, was !
within three OF four feet of me. My
husband was nearer to Carleton Marks
han was. The Shooting occurred in
ront of the piazza, which extended
rom the chamber 20 the dning-rOOm.
ln the west side OF the house, nearest 90
he bar-r0Om. In going from The county .
Oad up the path leading to Marks house
md then into the frOntyaId. ! had tO
20 10 the left In going from the front .
,ate ID the piazza, before which my hus- {
,and and / were standing talking TO Mrs .
Marks we had 90 90 around the corner J
If the house. After my husband had F,
allen the first persons that came up .
after be fell, was Mrs ID. \. .
iarks. who came out in the yard with j
'lr T. II. Emory. / had not seen MI T.
emory before the shooting. y
QuestiOn-W ere YOU in position 10 .
ee your husband If he had at any time J
lrior TO receiving the shot, advanced on
'arletOn Marks with his fists raised lex !
epted TO and withdrawn.
QuestiOn-Did or did not your hus
and advance on Carleton Marks at any
ime before the shots were fired.
lie did not, or did he say anything to I
'arleton Marks before the shots were "
red except, "Oh Carleton
Question Were you or not at any !
Ime from the time YOU heard the words, !,
Oh. Carleton and the moment at which J
our husband made his way along the
ide of the house and fell, out of hearing :
{ anything which Day have passed be- ,
wecn the two :
/ was not did not hear Carleton
larks SAY 90 my husband, Mr. Balm, If
had treated one of your daughters as
ON have treated my sister ! would have
cen "a dead man long ago. or anything o
l that effect did not hear him say "
nyihing before or after the shooting J
When looked around, after the first \
isiol shot. Carleton Marks was standing Il
D front of my husband. and the sec b
nd shot had then been fired. If !
arleton Marks had come from the y
ear of the house / would have seen him u
.om the position in which / was stand {
lg If he had come from the front yard
round the corner of the house he would p
ave approached my husband from be- d
ind. My husband, while standing by II
IN side talking to Mrs Marks, was
such position that a person n
ltering the front gate and coming al
round the side piazza would have had p
, approach him from the rear, that NJ
behind him Soon after the shooting. III