Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-05
THE MARKS CASE.
Yesterdays PROCEEDINGS IN THE
SUSSEX MURDER TRIAL
q higid Cro's-Exaniaation Of a Physi-
eisn-rhs Cours adiourns
Untii Monday.

who Is being tried for his lie nor Vet the
khadowv form OF the victim OF his Misguided
WIsth Is more rOweTiul In the excitStion of
compassion or the Capitalization Of sympathy
than arc these two devoted women-tbc one
young vet. Ia wears mourning the death Of
Vie husband Of her choice, the father Of her
tHeo little ones; the other more advanced 10
time lowering IN ptiiul anxiety over toe
Tate OF her boy, who IN this be hour Of his
dTest need IL nearer and dearer - her thSa
rught else on earth. Aud 20 the honor o.
our common humanity De it said that what
ever the sympathy Tor or anupathy against
The accused. both these gentle women come
IN Tor an equal share Of cOmmiseratOn. Kind
bnd gcotc thoughts only are heTboIed con-
corning them; Kind and gentle words only
srespoSeu when they are named. Poor wife
Poor mother
The direct testimony OF Dr. Samuel Nchol.
BON, which closed yesterdays session OF the
vourb marked the first state Of real interest
1u The tr1a II his theory OF the wound IN
Raln's iace-thst II was inflicted by Marks
~ he was approaching Balm from behind
Is sustained if will tingc the cause OF TIE ac-
Custc with q very dark hue. II 81 IS sup
ported. or what Is vet more important, IL The
gIfy believes g, II auuihHstes the statement
81 Young Marks that ne did not tire TIE first
shot until Nsin advanced upon him with up
Lifted arm as Il within intent 20 strike him,
co toe other hsnd. II the defence succeed in
proving this theory uutonahle-snd the able
counsel for tto prisoner profess 70 be very
confident Of their ability 10 do this lit gives
the case q much lighter aspect
MUCH EXCrrENFNr.
tudrr placid surface there is much ex-
ritcment about this case. The OppOs ing
lcgai forces are composed Of good material,
pnd every inch 81 ground will be stubborniy
contested IL would not be At al surprising
II some bigbly-intcresting scenes marked
The progress oi the trial. Meanwh' neither
The prosecuting attorneys nor counsel for
The defence Gic willing TO form an estl-
mate as - how long the trial may
De- prolonged, but the best estimate OF all
parties is that 10 will run well into next
week. especially If Judge kives shall ind
himself compelled 10 attend the Circuit OF
Prince George county, winch meets on Tues
day.
estordsy court adjourned until o o'clock
THIS morning, with view 10 an early sd
iouruaeut to-day, 10 ~ to enable tha Judge,
counsel, and witnesses 20 reach their respec-
tive homes m good season for sunday. 10
little while sfier the appointed time business
was proceeded vita, and the cross-exSmina-
ton Of DR.. Nicholson begun by Nj. Nc
JlWaiue.
TESTIMONY RESI- MD.
.. You have stated that YOU are a gradu.
ctr % Iampdcn-sldney Medical College.
VIII vou please tell us when that institution
Vyss In cxi.tence and where IL had It's local
habtation
A.. n existed in Richmond; II was the
medical department Of Ilsmpden-s sidney
College. I don't know when il started. II
81 me ssme COLLEGE that Is now the Medical
College Of Virginia.
Q. Rave you diploma from that institu-
ton
A. ] have. sir
q. How long have You been pfscticing
medicine 20 the county Of Sussex:
A. since July ], 1883.
The witness was then subjected TO rigid
Cross-examnation IS to knowledge OF and
practice OF surgery, what operations he had
ptformed, hs knowledge OF anatomy,
physiology. gyuccolOgy, &c.
The question was then put: In your testi'
lnony oi yesterday you stated that aitor the
surrender of Carleton Marks YOU went over
20 the place OF shooting. Refresh your mem-
ory and tell me II that slstement was strictly
accurate.
A. , did not intend 70 be understood in
my auswtr Yesterday 10 mean that went 10
Nh. Marks's house. which was the scene OF
the shooting, but simply TO say that Us acting
coroner visited Mr. Bans house, where tho
body WIS living. The two places being 50
contiguous. / must have made the mistake
inadvertently.
Cd. AIN / 10 understand that YOU went any
closer g. Mr.. Mark-'s mouse than the public
road:
A. SO. sir.
a. You say that you examined the body Of
Mr.. Nat Balm la The capacity OF Justice oil
The peace, setting rs coroner ana physician.
G'lea.e state whether YOU did anything else
than o. view toe body, and II SO, what you
did snd 10 Nhat capacity!
A. viewed both wounds OF the body In
the capacity OF physician aud examined 10
some extent the wound in the Jaw by means
OF o siusll silver probe
q " Jat do you mean by viewing the body
.n he capacity q a physicians physician
Tor tue family cor physician for the county
A. As pn5 stefan for the county, acting as
coroner
q. Are you physician for the county,
a. hsye been, slr.
q. Are you nov
4. have bad Bo case since that time.
q. lid you make p0st-ra0r'cm eXamiua'
tion
A. SO, sir; no further than making an
O. DId You summon a cor0ner's jury:
4. J. .d.
HEARD EVIDENCE.
q. Did you hear evidence;
4. ] did.
=. I heard witnesses, but their testimony
Wa not reduced 90 writing. In the hurry
ana excitement ] failed 20 recognize the fsct
that such evidence should be written out
Thinking u might be left entirely optional
with zoe coroner 10 do so OF not, Just as IN
ordinary cases ,hat come before a justice OF
tie peace.
% Bid Won not know that the law re-
qures that the testimony should be taken
down, duly signed ny the witnesses, and re-
turned by you 20 this Courty
a. I failed to notice the fact that 1t
fboul6 Dee taken down In writing, but Gid
make return Of the verdict signed by the
Jurors
-. What witnesses were examined before
YOU 81 the coroner's inquest
A. Mrs. y. ~. Balm, Mr.. L. IL. Emory.
Mr.. James Barker, MI Richard Scott, and
Mr. PbNip Brittle. / do not recollect any
other.
q. You have admitted that your failure
O. perform q clearly-eniOined legal duty in
YOUR iud .clAl capacity was due 10 the hurry
nnd me excitement incident TO the circum-
stances OF the occasion. Would not that
sIme hurry and excitement plsiniy incapsci-
tale you from forming correct idea as TO
IDl. cts relating 10 The wound, TO the man
nerof giving d heretofore testified 10 by
your
s. / sm certsio that they would not from
the iact that had never heretofore been
called upon % act Ia the capacity Of coroner,
4lo bcncs Joy attention was not called 10
the particulars q the law until that day,
when failed 90 act a. required by law, en-
trelY au oversight op my part.
q. ou now attribute II 10 oversight.
Why dld YOU on q former occasion 10 hurry
and eXcItsmcutt
s.. But for tho bury aud excitement
might baro read lbe law more attenuVely
Gnd noi hsye overlooked this duty.
q. b'G YOU conceive II 10 be your duty 10
paw lore attention % the examination OF the
wound than to obeying the mandates OF the
Jaw
a. did not. Ny derelction Of duty oe-
cured Tor reasons stated IN my previous
answers.
10 NECESSITY.