The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-17

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that IL was my impression ai that tim
ltime Of the inque-U that The prs0ne
had not. up to thar morning, known o
the existence Of the letter. or of the acc
cusaiiOn, and that ! thought 10 pr0babi
that be had learned about il just befor
the shooting from DR. Dcyaney. Whi
might have spoken of 10 to him. and tha
! thought that he had acted upon thl
impulse of the moment and cOmmlffc,
the deed. As 10 the theory of the wound
that was an afterthought. and not con
ceived at the inquest.
Question-Do you recolloct the con
versation on the relative positions of \
VI Balm and Carleton Marks al the time
of the shooting:
| Answer-les. We talked about that
sir. But ! mean TO say simply thar aite
the coroner's inquest, formed an opin
ion that Carleton Marks had come ir
possession Of the knowledge of the ac
cusaiion of his sister against Mr BAN
from DIR. Deyauev, probably, and that
he had acted on the impulse of the posi-
tiOn of the parties al that time. | haC
not formed any definite opinion have
no recollection now a. 90 when
did first form my opinion. 10 Was not
on the occasion OF the inquest. bat after
wards, that conceived the idea that
Carleton Marks had shot Balm from be-
hind. The fact is, did not give tho
matter much consideration until many
of the circumstances of the deed had
come TO my knowledge ! did not learn
until after the inquest that Carleton vas
left-handed. Before that time had not
formed any opinion.
Then the old ground was gone over
again in "a tedious number of questions.
many of which were designed. however.
TO test the Doctor memory. and also to
show that his 'eXpert' opinion had been
based more upon facts which he had
learned after the inquest than by the
Dost-mOrteu examination ID would ap.
pear that counsel for the defense had
been informed, on what they considered
reliable authority, that The Doctor bad
connected his theory of 20 shot
from behind with Carleton knONl-
edge OF the letter which Dr. De-
yaney was to deliver to Mr. Balm lf is
cOniendcd by the prisoner coun el ihat
he heard Balm denying thc charges COM
tanned IN 10, 10 loud and angry tones
So. 10 will Dee seen. they hai hoped io
show that If the Doctor bad buiIded
his theory and his positive
evidence upon Carleton lore
knowledge, then they We're in % position
TO weaken his expert evidence until 10
would be almost discredifci. Bui Dr.
Nicholson stuck obstinaieiy io the opin-
ION which he had expressed. Neycrihe-
less il Is certain that the defense gained
considerable advantage by recalling
him. Since the Doctor ha- had both
fame and notoricty thrust upon him by
his connection with this case. ~ is
plain that he does not intend TO
impeach himself. or fO be impcaclcd.
If hc can prevent it And set nis theory
of assassination J, the very backbone of
the prosecution. and 10 10 s accepted by
the jury then the prisoners fate Is scaled.
although the Doctor theory, which IS
merely technical, is manilesily opposed
To the testimony of those members of lhc
Marks family who saw the shooting 10
is queer case, aliar0und
DR. Nicholson examination consumed
only few minutes of the afternoon ses-
sion. which was an hour late on account
of Judge Riyes sickness
The defense next introduced SIR
Faison, who was a juror af the inquest
held over Nat Balm body lic bad
heard Mrs Balm say, during tbc inquest
and in response 90 question from the
Coroner Doctor ] WAS really ~O excited
/ don know everything thar,lid happen
Then, coming down tO the conversation
i'm which DR. Nicholson Is alleged tO
have participated he testified That Doe
had heard the Doctor say that his "0pin-
ion, given in this trial. that Carleton
Marks was probably standing behind y
VI. Balm when he shot him, was based
On the assumption OF belief That when
DR.. Deyaney went into Marks barr90m
on the morning of the killing be told
Carleton about the letter and about the
charge of insulting Sailie At The time
Of this remark some Of the parties who
were taking part in the conversation
were Joking the Doctor about his test
mOny previously given I'M the trial
Mr. FlisOns evidence was cOrrObOu-
led by Captain u. W. Lynch Captain
Lynch made an explanatory statement 7
before giving his testimony lleayoWed /
himself the writer of the inierlineation /
IN the Marks letter TO Balm. The Wit I
ness then stated facts In connection /
with the letter, which i'm a measure. and F
As far as he testified corrOb0iated the /
statements made i'm to-day TIMES and +
lie was followed by Dr. I
". l.. Deyaney, whom he accom- /
panied when the letter was delivered /
10 Balm. Dr. Deyaney answered, and this I
was the first time that The statement had /
been made in the course of the trial. /
Lat Judge Shelton was the supposed au /
h0r of the letter, although he did not t
zee him write it For the first
ime, aslo il was stated in eyi-
lence that Judge Beverly Il Wexford,
If Richmond, advised Marks 10 write
he letter lie then went into recital
If other details, which were not of
pecial importance, except as showing
hat ID. A. Marks had not concluded 90
write the letter until the day before the
murder, and therefore. Carleton could /
lot have known beforehand of that
which had not been determined upon
Dr.. Deyaney also described the confer
snce which was held In Richmond DR.
)eyaney has now been witness for
both prosecution and defense