Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-17

The Doctor became rather excited at what
he evidently considered sn imput2tlon upon
hIs v%rracit,. aud he replied 81 do not re-
coiirct bsylng so sworn and be then pro-
ceeded 20 explain Ss fOllOvs a. intended
10 say that IN my opinion Tire shot was fired
hy = PARTY advancing in tne rear Of 3r.
Balm. aud the probtb'idT OF Mr.. Bans
attention being attracted by the noise Ot his
advance that he turned bis head aud body
somewhat 10 the lett % see the advancing
party. and that ] conceived the shot TO have
been fired by the advancing party with the
LETT hand while Mr.. BAN was IN that posi-
ton
Or. Nicholson declined 10 modify this
snswer. In reply 10 questions "a 70 whether
he gave his testimony in this case a. Il medi-
cal expert be said that he conceived that he
was examined both AS coroner and as ply
stefan. and IN the latter capacity he must
have given his testimony as a medical eX-
pert.
Dr. Nichol.on wss on the Sand mp TO the
dinner recess. he was hard pressed by
counsel for the prisoner, they being "
course anxious 10 break the force q his
origin evidence that the wOuRd IN Bans
face was made by a shot tired from bobipd.
10 il nOt merely a theory that they wish TO
erect or TO Gemol>h, but they want TO erase
from the minds OF the Jury any impression
which may have lodged there that Balm was
deliberately snd fOuily a>sssSinaLed, instead
OF being shot while advancing upon his ad~
yersaIY go a threatening attitude, snd while
that adversary was smarting under the sting
OF hi, sisters accusation against the man
advarcing on him. There can be no doubt
tust any CONCLUSION the iuTy NAV reach viii
be largely influenced by their belief upon
this Particular p0lDt.
One Of the most remarkable answers given
by Or. Nicholson was IN effect that the reia-
Tive attitudes or positions Of Carleton MARKS
and Bain ~ the time 81 the shooting were
indicated by the probe As IL followed the
course OF The ball. The Doctor was eyI-
IDENTIFY yery nervous. lie was clesrly sppre-
hensive OF being lnvcIgled INTO replies that
might weaken the force OF his te<tifROny or
Mace bun IN the hight Of not having given
sufficient confederation 70 his replies. Ia
Deed ;ne suspicion was frequently justified
tuat the good old Doctor isiied 10 compre-
bend the scope OF hls interrogator's guess
tons, and got himself hOpelessly entangled
ia Ris answers a. a consequence.
When Dr. Nicholson WIS nually dismissed
sitter being cautioned against taking TOO
freely about The ease be said with peculiar
emphasI,; ~ shall not open my mouth to
ANYBODY
T.. A.. Fsi.on testified that he was mem
bNt OF iLt NpfOHcI = July lDat UtiO the ~"
quest Oh Bans body. He stated thai al TIE
Inquest DR.. Nicholson SSked Mrs. Bsin now
many persons were present al the time OF
The shooting, and she replied that she was ~
excited aad Illustrated III the time thst she
did not know everything that happened.
Tue witness WAS then asked as to the CONVEX
bsnOn isSt Sundey evening 1t Wakefield be-
tween Or. NichOlson, himself, and others.
and stated that Or. Nicholson on that
occasion SAID that his opinion that Carleton
Marks wEs probably standing behind Balm
when be shot him was based on toe belief or
assumption that Or. Devaney, when he went
into Mafks's bar-rOOm 90 the morning Of the
day Of the killing 10 get y drinE, told Garlic
ton about tine letter aud about the charge Of
hsssuItiug SAliie.
X. W. Lynch aud j. r. Bell corroborated
Fsison's testimony relative 10 DR.. Nichol.
sons remarks. Sir. Lynch explained that
when a,ked on cTOss-examination II ke knew
VITO wrote The body Of the Marks letter to
Bsiu. aod replied 10 the negative, be was
not entirely correct except ~ 10 the intei-
lined words "Dy the lst OF July, 1850"
which at the request Of ID. A. Marks be. MIN.
self wrote. Belug asked As 10 when IL was
fret determiHed TO send that letter, Mr..
Lynch replied that the first lntimation ne
had OF II was on Monday night, March 4th.
sDOut one and q bali hours after the train
Lsm Petersburg arrived which Is due At