The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-08
TELLING MORE ABOUT HER IIIiS
BANDS DEATH.
4 CONVERSATION THAT WAS NOT
PLEASANT
THE FATAL LETTER PRODUCED IN
COURT.
n was the Topic OF Conversation Before the
Deadly Pistol was Fired Mrs Balm
Cross-i Namined Yesterday After
nOon-Adj adjournment


by Mrs Balm in her evidence. II ought
t0 bee said of this lady that, although
every detail in the alleged murder of her
husband was brought wildly before her
> in ihc questions which she had 10 an
swor she WAS wonderfully calm and
very explicit in the responses which she
, made iO The most embarrassing Ques-
iiOr-. The scene was brought before her
in every phase Sine had 90 picture to
.hci-cl the incidents of the morning ON
which her husband was shot She had
90 recount the position i'm which her hus-
band stood when the fatal shot was fired
She bad t0 tell when her husband
breathed bis last. and, in addition, She
h-d thi- morning 90 meet rigid cross
examination
W hen court was called 10 order This
morning Mas, Balm looked wcaricd, but
She did not hesitate when she was cross
examined by Mr. Mcllwaine for the de-
ien-c. I'm reply TO % question she said
hat she and her husband bad been at
Mr. ID A. Marks residence for about
five minutes before the shooting Oc-
CURED, and that there was also present,
in addition 20 ihc person She enume-
rated Miss Sallie Marks the sister of
tlc prisoner She mad been near
ncighbor of tho Mark family for about
siX years. and am intimate friend as well
Her husband herself Mrs d. A. Marks
and Sallic Marks were present with
beer when the shooting occurred NV
husband and myself were i'm front of the
porch I was standing I'M front of Mrs
Marks, and Sallic was 10 Mrs. Marks
right was to the right of my hus-
band As We approached the piazza. my
+ husband stopped in front of the steps a-
Wc g0 into thc porch ] was then ON ihe
+ leit of nav husband. standing almost Op
+ posife Sallic Marks Mr. Balm and ]
talked t0 Mrs Balm when she came ont,
and ] asked t0 see Sallie; when she came
out
Mr. Mcllwaine then asked whether
F the conversation was of q pleasant char
actcr or of am excited character Mr.
Mckcnncv objected. but subsequently
withdrew his objection, and Mr.. Balm
replied that the conversation was not
pleasant
Question hy Mr. Mcllwaine-Was it
not. I'M fact of such character as greatly
to excite You
Auswcr-Ihe conversation was some
what exciting, but not 90 great extent
with me.
QUESTION: Did Mr.. Balm have anything
in lis hand when he came with YOU; and I
ID So. did hc keep 10 i'm his hand after the
interview commenced
Answer-l did not see anything in his /.
hand
Que-tion-Did he not have a letter in
Dis hand
Answer did not see it He had one
in DIS pocket
Question When did be put it there .
Ansuer--ln his store. The last time .
saw the letter was before tine shooting /
when ! SAW him hand il TO Mr. Barkcrio F
read 10 was found in his pocket after
Che shooting
Question Have you that letter in your
possession or under your control
Answer have
THAT AWFUL. LETTER
Before the letter was produced the
Jury was taken from the court room. MI
Mckenuev then stated 10 the Judge that
The Commonwealth had determined be-
fore the trial. i'm the interest of justice,
that 10 should open every door but the
defense had failed 90 elicit the fact of
the deliverance of the letter from pre-
yious witness. dr. Deyaney When Mr.
Balm received that letter he was as in
dienant as hc was innocent, and with bis
wife went 90 see Mr. and Mrs Marks
The defense had deliberately shut of all
previous evidence which would have
indicated the condition of affairs before
the shooting occurred. or the causes that
led thereto. lie then argued against the
introduction OF the letter, which in all
respects. he said was intended by the
prosecution 20 prejudice the jury against
the dead man
Mr.. Holland. for the defense, argued
that the prosecution Was labOring under
"a misapprehensi0n Whether Mr.. Balm
was guilty or innocent of the charges
made in the letter. was immaieral The
defense wanted all lawful testimony, and
desired nothing 20 be shut OIL bat were
willing that AN legal evidence should be
admitted The letter, he said, was the
topic of conversation between Mr and
Mrs Balm and Mrs Marks, just before
the pistol shot was fired, and Carleton
Marks was cOgnilant of the fact. init
mated i'm the letter. that his sister had
been most damnaby insulted. To ,
explain the conduct and position
of Carleton in connection with the kill
inr 10 was necessary 20 produce the let
ter in order 10 crOss-eXaminc Mrs. Ban.
The subject of the letter was the subject
of the interview under consideration,
and. inasmuch as Carleton Marks was
cOgnilant of the allegations contained
i'm the letter, he argued that il was prop
orlv admissible evidence. Mr. Mcken-
ney replied tO Mn Holland in a speech
which the court evidently considered
inasmuch as Judge Riyes at
once decided that at this stage of the
trial the letter was not admissible, i'm
plying. however, that at some other time
10 might be produced
Mrs Balm was then brought back 10
the court house and was asked by Mr.
Mcllwaine. whether the conversation ,
before the shooting did not
have special and particular reference 10
the letter. of which she had spoken The
Commonwealth again objected and was
sustained by Judge Riyes, the defense
noting am exception, and a recess being
taken i'm order that bill of exception
might bee filed al once. this being the rule
that the Court had established
II was almost AN hour before court re- !
assembled, and Mrs. Balm, being again ,,
pui upon the stand was asked what
really was the subject of the converse
.ion between herself and her husband,
1n the one part, and Mrs Marks on the ,
other. when the shOOiinc occurred, and
when Carleton Marks was present The
witness answered that She did not know
IF the presence OF Carleton until she
heard the pistol shot. Being pressed as
Id the nature Of the conversation AT that
ime Mr. McKenney offered vigorous
objection. and Mr. Mcllwaine pro
bounded the question In modified /
0rm. as follows.
Ouesiion-Did you not have consul D
alton in the presence of Carleton Marks
IN the day Of the shooting, just before
be shooting, in which the subject matter
# the letter was discussed I
Answcr-Not to my knowledge.
Ouestion-Am ] to understand from z