The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-17
IT Runs AT 4 SLOW GAIT.
PROCEEDINGS OFTHE TWELFTH
DAYS SESSION.
DIR. NICHOLSON CLfNGING To HIS
FIRST OPINION.
short Afternoon Session, on Account
of the sickness Of the Judge-Ihe
Conference Held in Richmond DE
scribed by Dr. Devaney


b and Balm families after Sallie Marks had
r told her mother about Nat Bain's
alleged advances Were they strained
( or entirely broken of. as one might
y imagine, or were they of friendly
character despite the revelations which
Salle had made TO her mother. This is
a question which the Commonwealth is
asking just now, and the answer is such.
/ from their standpoint, that they are
going TO introduce evidence TO prove,
what they pronounce very unnatural
condition of affairs. And il might be
said that the discussion OF this question
, last evening brought ont speeches from
( counsel ON both sides that, beyond a
doubt were the best which have been
heard vet
Mr.. Mckenney spoke lor the Com
monwealth, and took occasion to make
some very pungent remarks The spirit
of his speech may be briefly stated as
follows If a man be told that his
daughter had been grossly insuted, does
il stand 10 reason that he believed the
charge. if, one day after his daughter
had made the complaint, be should
take social drink with the man
who had attempted am infamous
deed Does IL not stand 10 reason.
asked Mr.. McKenney, "that If he were
Justly angry with that man because of
the insult 10 his child he would nave
burned his right hand from his body
rather than meet the wretch over "a social
glass Now the point of this is That the
/ Commonwealth st0utiy maintain that
either on the Saturday or Monday pre-
ceding The killing, Messrs ID. A. Marks
and Nat A. Balm took a drink together
i'm bar-r0om I'm Wakefield "Can yOu
/ think of AN outraged father doing such a |
/ thing exclaimed counsel for thc Com |
m0nweaiih And then hr went ON 10 |
/ add that be- has the right to offer fe-ti |
mOny 90 prove what Doc alleges. because
the mother of the prisoner. vino testified |
ON saturday, sW0rc ON oath that. after !
/ Mr Marks had been informed of ~allirs |
sad plight there had been no friendly |
feeling between the Baius ami those
members of the Marks family who had |
been told of the trouble; but. ON the
contrary, their relations had been of am
entirely different character Nobody
doubts that Mis-. Marks tried 10 tell the
whole truth and nothing but the truth.
Still 10 will be awkward for the defense
If it can be shown that lhe father of the
prisoner. a day or TWO before Doe wrote
his letter. Joined Balm in friendly glass
Evidence 10 this effect cannot fail 90 be
injurious 90 the prisoner cause
What is the position of the defense
in this matter Mt Mcllwainc. in
the course of an eloquent reply 20 Mr
Mckinney. stated 10 I'm "a compact form
Nv e do not cOnccde for "a moment. be
said. that David Mark, did drink with
Nat Bain ON either occasion. and we
have witnesses here to prove that he did
not But. he continued. suppose that
he did. 10 is not The principle of the
law that the sins of the father shall be
visited upon his children. II David Marks
sinned i'm taking This drink. certainly
the consequence of 10 ought not
to be visited upon his son, the prisoner
al the bar And then he went into an
earnest Argument against the admissi-
bility of such evidence, but Judge Riyes
ruled against him. and the testimony will
bee introduced al some time before the
evidence IN the case is concluded So
here we have the fate OF prisoner rest
ing possibly upon "a drink of common
Sussex whisky.
JUDGE WNEs sltk.
Judge Riyes is in very bad way this j
morning, although he sticks resolutely
TO his post, and keeps hard at work,
when he ought probably 10 be in bed. q
Last week, by some accident he came
into contact with poison oak vine and &
Yesterday the poison began 10 show IT, {
self on his face, which Is now swollen &
and painful tO q considerable degree G
The Judge is a gentleman of pleasant B
countenance and agreeable manner but ,
il is impossible for a man to look D
handsome with his eyes almost closed
and his cheeks pulled out by the noX {
iOus substance which has contaminated /
the blood. Still there is an old adage l.
which implies that " handsome is as d
handsome does and the judge is Ger j
tainlj entitled to all honor for the pluck d
and public spirit with which he is at y
tending 10 the affairs of the Common a
wealth There are moi many men who S
eaten up with poison oak and burning /
with fever would stand 20 their posts as
staunchly as he. ,
Talking about sickness, IL may be Z
added that the prisoner is very unwell. v
lie has lost twenty-five pounds since his d
i'm the Jail, and now he is I
suffering from bilious sickness, which {
is giving him great deal of trouble. 5
The fact of the business is, that the sous- C.
sex county JAIN is in n most shameful d
condition The ventilation is bad. and O
the OuthOuses are SD near the jail that IL O
does not appear possible for the unfor- O
tunate prisoner TO remain there without $
suffering in consequence. The Jail is d
built of brick, and is within stones "
throw OF the courthouse. There are n
four persons confined within 10. in addi- n
tion to Carleton Marks all OF whom are "
negroes. ]
Twelfth ray's Session. e
The examination of A W Bishop was /
not concluded yesterday. as the defense b
were anxious to Introduce Dr. George
Ben Johnston. so that he might have an
TO return 10 Richmond with.
out delay When A. W Bishops tesii- +
mOny was concluded, however he had {
not brought out anything new or of ma a
terial interest Fl
4 A. was indicated in the TINES, DR.. 4
Nicholson has been recalled. He was
put on the stand this morning just as 81
soon as Bishop got out Of the way. The +
examination proceeded quietly enough n
until a certain stage when the worthy 81
Old gentleman began 10 get settled, and 2
his tone of voice indicated some little 4
isperity. The Doctor was recalled by Il
The defense 10 show that his theory as n
10 Carleton's firing at Balm from The Il
rear was based upon a groundless as b
Ii must be confessed, how Il
ever, that the prisoners counsel
failed 10 get much. out Of the
Doctor. although he was questioned
with considerable ingenuity and what,
10 him. must have been eXasperating ,
Dertinscity on some points on which the
iefens laid special emphasis The Doc h
or appears TO be heartily tired Of the m
rial, and seeing that he has been com N
PEELED TO come three times from Wake =,
ield to testify, it is little wonder that he u
S not at all times imperturbable when ii
le falls into the hands of the Philistines Il
md lawyers. These are some OF his
answers
THE DOCTORS TESTIMONY. el