Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-07
THE MARKS TRIAL.
DR. NICHOLSON AGAIN PLACED ON TIE
RACK.
The Direction Of the Bsll-was the Wound
in the Pace fatai t-othsr
pointa
special telegram 70 she plsps,ch.,


Sussex COURTHOUSE via SToNY CREEK. Va,
tiay s.-Dr. Nicholson, whose testimony had
occupied the attention Of the Jury for day
and half, whether greatly to their edilca.
ton itmAy he doubted, was on the rack again
to-day until O'Clock this evening, but wb.le
the cgosS>examsnerS badgered the old gen.
ucmsu considerably aud made him at times
rather nervous, he maintained bis position
pretty we'll considering all things.
One Of the dramatic incidents 81 the trial
occurred when Mrs. Bsin, the wife Of the
Seceased, took her place on the witness
stand, and In quiet answers detailed the
scene w the ward OF u. A. Marks's residence
on that fsteiul March morning. Ia calm,
firm tones aud with nerves admirably under
cOuiros for one pssSing through the ordeal Of
describing the violent taking of OF her hus-
hand her story II the tragedy brought the
scene mos, wildly before the mental vision
OF the Court, Jury, aud all others who lis
tened % her.
Al Of the morning session and a greater
part % the afternoon session Of the court
was devoted 10 the continued cross-exsmi-
nation OF Dr. Nicholson. lie was put upon
the rSck and tortured with numerous ques-
ttous, many 81 which would appear foolish
70 thesYcfage reader. lie held bis own we'll,
however
MRS. BAN TEsTifIEs.
Mrs Elizabeth 4. BaiB, the widow OF n.
~. Balm, was the next witness. She Is tall
lsdv Of slender build. with pale, small
features. Her isther-In-lAw accompanied
her. she wss attired IN black, and heavy
black veil covered her features. She tesr-
Ged 10 substance as follows;
am the widow OF y. VI. Pain, who was
shoi and Killed by Carleton II. Marks on
March .. 1889 was in company with my
husband AZ the residence OF David a. Marks,
where 10 IS alleged that Carleton II. Marks
killed nv husband. While taking with
Mrs. Marks, my husband by my side,
heard the report OF pistol and "Oh,
Carleton" su n, the same time. |
fUrucd 10 look; / saw Carleton Marks
with q pistol pointing At my husband,
NV husband. with his hand 10 bis face,
teggiug him not 10 shoot him any more. Nv
husband then walked the distance OF the
house and yard and tell Two shots were
fred. Ny husbands plea 10 Carleton
Marks not n shoot again and the report OF
the pistol were so close together that / cam
not Distinguish. the second shot was tired
inter he ir-t IS quick - It could be done.
Gid not bear Carleton Marks say any
thing % nv husband before the FIRST shot
W.. fred. nor did hear bin say anything
before tie second shot was tired. When my
husband turned, after the second shot, and
walked the distance 81 the house snd yard,
caught hold ~ arletOn's arm. lie stopped.
tltn turned him loose. He followed NV
husband When / caught bold Of Cartoons
arm ne was pursuing my husband
stu, holding TIE pistol IN his hand
Nv object in taking hold OF Carleton
Makes arm was 10 keep him from shooting
agan. While | hsd hold Of CRreton's arm
begged him please not 10 shoot my husband
buy more, The words 'Oh, Carietonl"
- hos hot Vsf
iutmatioo had Of the presence Of Carleton
Marks at that place. My husband nj that
time WaS. 7 suppose, about three or four feet
finm ne. when 6Fsi saw Carleton Marks MY
husband was nearest. The shooting occurred
g. front of the PIAZZA OF ID. A. MarRS's house,
which extends from the dining-TOOm. The
piazza was on the west side OF the house
fhat Is, the side next 20 ID. A. MsTks's BAR
room. In going from the county road mp
the path icadiue 10 Marks's house and then
THROUGH tue frOot gate into the house one
would 20 10 the eft 10 reach the piazza |
have spoken 81. Ia going from the front
gate 60 the piaZzs. IN front Of which ] and
nv husbOnd we're standing taking 10 Mrs.
II. A. MARKS, / would 70 around the corner
of the house. After my husband had fallen
The irst persons thst came 10 the spot were
M H. 4. Marks, who came out INTO the
ward and p. II. Emory. They were the
Ul~l tO Eft AutNfs NfA n''N'
Tuoyy vas Al the time Of the shooting. j
hal not seen him before that time.
d. Did or not your husband advance on
Csrleicn Marks al any time before the shots
were drcds
A. he did not
o. Did he or not say anything TO Carleton
Nl,ks before the shots were tiCed except the
words "Oh, Carleton ~
a. he did not
o. Were YOU or not al any time from the
time when Won heard the words. ooh, Csrle-
ton" TO toe moment u which your husband
went along the side OF the house and yard aud
f.I out OF hearing Of anything which may
Layt passed between the twoy
8. / was not.
d. Did YOU or not hear Carleton Marks say
g. YOUR husband, a." Mr.. BAN, II | bad treat
Oh one o. YOUR daughters az you have treat
"a NV sister would have been dead man
long ago" or anything to that effect?
A. did not.
d. Wer. or not auy such words uttered
hv carleton II. Marks at auy time before the
snooting-I mean, Of course, on that occa-
sioni
A. They were not.
%. When YOU looked around after hearing
the words, Oh, Carleton and tue shot al
most 81 the ssme time. as you described, In
what position was Carleton Marks rs TO your
husband.
A. tie was standing in front Of him.
q. When you saw him standing in front
Of him. had or not the second shot been then
fred
s. II had
o.. n Carleton Marks had come from the
rear II the house would you or not have seen
bin from the position in which you were
standing;
a. would
q. II he came from the front Of the house
t,roul h the front gate around the corner OF
ttc house bow would be have approached
your hushsndY
A. lie wonld have come behind him.
G. Was or WIS not your husband whilst
sisndng by your side talking 10 Mrs Marks
in such position that person entering the
front cate and coming around 10 the side
p'a2zg would have hsd % approach your
husband from the reary
a. lle was not.
% Please repeat The question 20 the W.T.
nc-s fhe question was repeatedly
A. he wa, DOT unless gong into the house
and coming out through the door.
o. I mean would persOu entering the
root cate going sround the corner OF the
house snd approaching your husband rs be
stood with you talking 10 Mrs. Marks ap-
D. oecl your husband from your husbands
re.rf j don't mean from the rear OF the
house.
thought YOU meant the rear OF the
i.nse. lie would come from behind him.
q. soon after the shooting and while !
"a leion Marks was still there, did you or
got bear bis mother say anything to him;
all 10 ,o. state what.
4. did. She said: "Carleton, what did
y0u DO this forG" lie replied; "Mamma,
could pot help IT. she said: all you hsd |
listened 70 me this would never have been |
done"
Q. DID or not Carleton Marks make any |
Tepiy when she said " II you had listened |
10 me this would not have been done!
A. lie did Dot.