The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-04
MARKS-BAIN TRAGEDY.
THE SECOND DAY 0P THE TRIAL.
DEFENSE HAS 4 SURPRISE IN
STORE
THE THEORY OF Assassination
BEING PRESSED.
The Prisoners Mother Has Firm Path In
the Justice Of Her Sons Cause les
timeBy OF the Acting Corouer-
Adjourned TIL Tomorrow.
rspecialto the TfwFs

SUSSEX G. H.. tid STONY CREEK. Ma
3.-Eyery1Ody 3. got up early this morning
and the courthouse green presented
very pretty appearance several hours be
fore the court opened. The jury spen
the night in the courthouse. In charge o
sheriff Gdzzard, and took their break
fast in a body at Squire Nebletts hoiel
/ The prisoner was 40 early and, i'm com
/ pany with the deputy sheriiis who he'
/ him in custody, took a long walk
Mr. W. h. McKennY, OF counsel 70
/ the prosecution. spen. the night Will
/ Mr. Robeft Watson. of Petersburg, wh'
owns a large farm in the vicinity Of th'
/ Courthouse The prisoners m0the
and sisters also enjoyed "conslilu
/ tiOnal" Mrs Marks has a sweet, mother
/ ly face. somewhat care-wOrm by the
grcat anxiety which she naturally feel,
IN connection with her sons trial BOtl
of her daughters are with her constant
/ ly. the younger one, concerning whom
Mr. Balm is alleged 90 have erred. being
tall for her age and very modest, un
assuming girl
ltisnot expected that the trial viii
last very long, although 10 was iniimaled
last night by counsel for the defense
that they bad line of evidence 10 be de-.
lOpcd which would throw AN absolutely
new light upon the circumstances sur.
rounding the case II was impC ssible 90
learn anything az 90 The character of the
facts which they expect 90 bring out. but
that they have a surprise in store is not
f0 be questioned. Last night Judge
Riyfs sent for several important wit
nessos, who live in Surry and southamp-
ton. and The sherils deputies went after
them These witnesses will be brought
here to-day
10 is understood that unless the trial
has been concluded by Tuesday night
Judge Riyes viii be- compelled 10 adj
i)urn his court until Thursday az noon,
i. he has an important engagement else
where II ihis be the case. ihe trial will
hardly Doe brought TO an end before sat
urday week
MARKS, FRIENDS HOPEFUL.
There are many rumor- ahoat in con-
nectiOn with the case 10 is very sp-
parent that the friends of young Marks
40 Tot anticipate a severe verdict The
basis of the expectation cannot he ascer-
tanned. but they are exceedingly hope
ful and saneuine 90 q degree which eX-
cite. comment. And yet 10 is very
doubtful AS 10 whether the defense will
offer any expert testimony in order 20
prove the allegations concerning Balm s
alleged improper intimacy with Miss
Marks. the most delicate feature Of The
whole case, and Que or which little can
be said now
Mrs. MARKS. the prisoner mother was
seen this morning by your correspond
ent. She was calm. buf her eyes were
now and then dimmed with tears She
had been forbidden by her counsel, She
said. to make any statement in regard 90
the murder and for This reason, she
stated, she and her family had been ex-
posed 10 many harsh criticisms.
and even some persons who would
have been friendly had been un-
able 10 understand the silence which
the defense maintained size had firm
faith. She said in the justice of her son s
cause. and she believed that all would De
right in The end, when all the facts had
come out. Il have often read OF trials,
she concluded, but 10 never occurred 10
me that such case would occur in my
own home
SECOND DAY SESSION.
Judge Riyes opened The second day
term of the court at 1920 this morning
The prisoner was brought into court by
constable. and took his seat near his
counsel His father bent ailectionately
over him aud whispered a greeting In
his ear About fifteen witnesses were
sworn by the prosecution, and all OF
them retired from the courtroom ex.
cept Dr. Walter l.. Deyaney Of Wake
held, who was 40 once put upon
the stand Dr. Deyaney is the
family physiciant of the Marks, and his
story, in substance was as follows That
he visited the store of y. NJ. Balm on the
morning of March Jth last, and was ac
companied by II. w Lynch. They left
the store and started back home On
their return they met Mr.. ID. \. Marks
with whom they talked about a minute
when they heard pistol shots, and,
proceeding farther, they found Mr..
Balm lying on the ground pros.
trate partly on his stomach and
on bis right side. Several other parties
then came up. and the witness heard a
conversation going on, all of which he
did not hear, since all his attention was
bestowed upon the wounded man. lie
heard Carleton Marks say TO Mr. Balm
"lf had treated your sister or daughter
as YOU have treated my sister, | would
have been dead long ago" Mr Balm
lived only about three minutes, and his
body was taken home in a cart, the wit
ness going along and helping to shroud
il.
Question by prosecution-Did you SET
Carleton Marks that morning before the
alleged killing:
Answer think saw him leave Mr.
Bains store when l first drove up.
then went into Mr.. ID. A. Marks bar
room. which was very near, and found
Carleton Marks there with Philip Brittle
Question you hear Them say any
thing in reference TO the killing Of y
" Balm:
Answer heard nothing whatever
In reply 10 a question, DR.. Devaney
said that the wounds which Balm re-
ceiyed were on the left cheek and in the
left side, the region of the heart. The
face was badly scOrcled, and this indi.
Gated that the pistol Was very near The
murdered man. Witness then stood un
and pointed out TO the jury the locality
OF the wound which Balm received in his
body, describing it as about an incl
and a half from the mediar
line, and an inch above the
nipple. Dr. Deyaney declined 10 say
whether, al the time Marks shot Baln
he was in front OF him or TO the side
although the prosecution endeayored tc
get him 10 express an opinion in The
matter As regards Mrs. Balm, Dr. De
yaney said that when be arrived upof
the scene Mrs Balm was kneeiing beside
the body of her husband Dr. DeyaneS
was kept on the witness stand for tWt
hours, and, despite the most skiliu
cross-examination. nothing Of specia
interest was elected, the Doctor being
very guarded in his replies and thorough
ly self lfpOssessed
LYNCH TESTIMONY.
Mr.. Il. W. Lynch, who was the mex
witness. said that he lived i'm Petersburg