The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-19
THE MARKS TRIAL
BROUGHT TO A CLOSE At LAST.
IA WYER NKENNEY CRIIICIShS
JUDGE WEXFORD.
THE VERDICT Is TEN YEARS IN TUE
PENIrENITiARY.
The Sam Jones Meeting at Danvilie tn'
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SUSSEX COURTHOUSE cia STONY CREEK,
Nav lS.-The agony is over, so lar AS the
evidence is concerned. The jury nave
now heard all of the facts that can De
produced. Eyewitness have testined
on both sides. and conflicting accounts oil
The homicide have been given what
will the verdict be- That Is the ques-
ton which everybody is discussing. Nol
murder in the first degree, for II IS piain
that the prosecution neither desire nor
expect such a decision on the part OF
those who are the arbiiers in this re-
markable trial.
And right here II ought to be said that
The courtesy and fairness which counsei
an both sides have displayed toward
each other have been developed TO
most exquisite degree. Mr. McKenney
fnd MI Drewry, who have conducted
the case of the Commonwealth, have al
ali times been considerate Of the feelings
of those who were nearly re
lated to the prisOner-hls tather'
mother and sisters all OF whom
have been put upon the stand TO testify
in behalf of Carleton. Messrs. Mcll-
vaine Holland and West have been
eoually considerate. In all that they
have had 10 say about the unfortunate
Nat Balm and his family, they have been
as tender and delicate as they could De
in the allusions which II was necessary
for them to make 1t is pleasant to note
that the amenities have been preserved
ON all sides: that the ethics OF the pro.
fession have been carefully followed, and
that there Is nothing of which counsel
nm either size have occasion or cause TO
be ashamed.
TO sum up the whole case, from re-
norter, standpoint, the gentlemen en-
gaged in the case, on both sides, have
moi only displayed fine legal acumen, but
have also evidenced the fact that as the
"brayest are the tenderest,' so, also, IN
the face of the suffering which the
tragedy has caused, naught has been
said i'm malice, or TO gain a mere pro
fessional advantage; but opposing coun-
sci have met each other on the common
nlane of gentlemen who discuss an issue
as gentlemen should.
cRfTTCIZING JUDGE wELLFokD.
Last night the evidence was concluded
and this morning the case was argued, IN
mari. at least. Mr Mckenney opened
for the Commonwealth and made an adj
mirable speech.
II NAV interest all Masons, and espe
cjally all RichmondeIs, TO learn tha'
the eloquent counsel Tor th'
prosecution paid his respects t'
Judge Wexford in the course o
his speech. Judge Wexford, ne said
has nothing to do with the genera
administration OF the laws Of Virginia.
You have heard, he continued, address
: inc the Jury, that the Judge Is one 0
grandest and purest men in the state
hut. like a great many other good men
E he mistOok MS duty, although he DE a
D chaste as ice.
I Then, turning his attention to Judg
I Shelton. Mr.. Nick kenney said lie ough
A 10 hang his head in sorrow for his PAL
\ ticipation i'm this affair Mr. Mchenne
@ pronounced the letter Infamous.
, As regards DR.. Johnston, Mr.. Mcker
nev stated hatly that ha assumed thi
4 the Doctor was paid for his expert test
i mony. Just as he (the speaker was pal
a for his own services. Yet he did not inten
r any disrespect personally, for he kne
n the doctor to be a man OF characte
Q since he had been one OF his colleg
p males As between Dr. Nicholson an
T. Dr Johnston, however, he would pref
" the opiniOn OF the former, and II dld n
81 appear that this professor of ANATOMY
As the Richmond College had eyer cut
1- even mans finger or ever treated
u gun-shOt wound.
o sELF-DEFENsE DENIED.
ie Mr.. McKenney made a strong al
h. fearless speech, and from his standpol
hi il would be hard TO improve upon /
soeech. He argued that It was not y
in cessarv for Carleton To engage IN d
,h dculty with Mr. Balm, but that he cou
n have avoided it; hence he contonded til
ld the murder was wiful, premeditated, a
at uniustifable. All the time that Mr.. NJ
of Kenney was speaking TWO pistols we
to to be seen on the floor near him-One
ne them the weapon with which BAN "
xt shot the other cheap affair whl
Carleton had loaded. Mr.. Mckenzie
I'd, speech was OF exquisite temper throul
~ out.
&C. TAE DEFENSE.
ch Mr. Mckenney is to be answered
ng Mr.. Mcllwaine, for the defense.
er- Ncllwaine is one of the most prOmis
IN LAWYERS in Southside Virginia. lie
a nearly related to General Roger \. Pry
ms and in many respects possesses the
lhe nulsiye eloQuence for which that fam
ing advocate is distinguished. Mr. Nj
.ck. waine never prepares his speeches
forehand, trusting tc the inspiration
fhe moment. He will speak tonight,
il goes without saying that he VIII u
the hearts of all VINO hear him.
inc Mr. Jesse +. West, of Wayerly, m
in AN excellent speech, and was folio
by Mr. W. :. Holland, OF Nansem
T county who has made fine reputa'
for himself by the ability which he
sH displayed throughout the wno!e case.
at An adjournment was taken Tor dil
use after Mr.. West had concluded
THE VERDICT.
mn. At the night session the srgun
- was closed and the case Z
VI to the jury, who were out a
dict an hour, and brought in vel
nee, and ascertained his punishment to be
ldr- years in the penitentiary.
A new trial was asked for, which
be argued next Wednesday.
Ion "
... Sam Jones in Dansii q.