The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-04

saving MN, tlt reply Dtins thdl lhti
d was not Mr.. Balm died in few mo
menis, and at Mrs. Bain's solicitation
before death occurred he turned the dy
ing man over on his back When he ar
rived az the scene Of the shooting ther'
Z were clustered around the body Mr. ID
A Marks. Carleton Marks Mrs Mark
and Mrs Balm.
Quesiion-Did you OF not have AM
! conversation with Carleton Marks,
Answer did, but it was after Mr.
Bain's body had been put in the cart
When Or Deyaney was kneeling besd,
the wounded man | was near by. When
he and Dr. Devaney first heard the pisto
-hois Mr. ID. A. Marks was about tiy,
yards behind, with his horses head
turned in the direction in which witness
was going When the shots were heard
Mr.. Marks turned his horse around and
galloped of Witness did not see him
again until they met at Mr.. Bains body
and when he got there Carleton Marks
was walking restlcsslv 10 and fro, but be-
did not see any weapon in his hand. Tie
heard young Marks sag 20 his mother
who asked him why did you DO itt'
that he could not helpit' The witness
stated that he had heard Carleton Marks
say this twice. before the body was re-
moved and aftorward ON more careful
reflection Mr. Lynch said that he re-
membered another statement made
by Carleton Marks, who adj
dressing himself 10 il lat Bains dead
body. said Mr. Balm. if had done to
one of your children as You have 10 my
sister would have been dead man
long ago lie further stated that Mr..
Balm bad advanced upon him and put bis
/ list in the face Of the prisoner. " then
shot him, said Marks, because could
not help H.
Mr.. Lynchs examination was then
concluded and the court took "a recess for
dinner
AFTERNOON SESSION.
When the court met again at 3oclock,
the examination OF Mr. Lynch was rec
-umed. The witness said he heard Mrs
Marks, the mother of the prisoner eX-
claim son Carleton. why did you do
this" All that he heard the father of
the prisoner say, after The shooting. was.
Get ready TO take him 10 Wakefield Do
This remark had reference 10 the sur
render OF the accused. magistrate, on
lhe day The murder was committed
Mr Lynch here finished, and Dr.
Samuel Nicholson, of Wakefield, was
called.
Dr. Nicholson is a justice of the peace
and a notary public. He is also n regu-
lsfly licensed and practicing physician.
lie is a graduate Of lIamden-Sidney
Medical College, now the medical college
OF Virginia.
ION returning TO his Office be said,
"On the afternoon of March jth. be-
found Carleton Marks, and bis father
who had come with him lihe former 80
surrender himself Carleton said that he
had killed Mr.. Balm, and delivered io me
The pistol with which he prOic-scd i0
have committed the deed lIeal.o stated
that be shot Balm twice with fhc pistol,
and on examining il found two cham
hers empty. then issncd u warrant for
bis arrest (rhe pistol was here pso-
duced in court by the clerk and Identified
by DR. Nicholson rs the weapon which
had been surrendered 20 him by c.
Marks 10 is am ugly looking affair and
is of about thiriy-eight calibrcl
Dr. Nicholson here explained that
Carleton was I'm custody of Judge Shell
ton when be- surrendered himself.
The priso1er remained IN Judge Shell
TONS rooms. al Wakefield, till The wit
ness had gone 10 the scene OF the shoot
ing and returned, when he was taken 90
the house of Special Constable Kitchen,
by whom he was taken 10 the county
Jail DR. Nicholson as acting
coroner. also viewed The body.
This was about three hours
after the shooting, and he found the re-
mains OF the deceased, all prepared for
the grave. lying in the pariOr of his late
residence lie examined the body and
found wound in The lefl cheek, which
had fractured the jaw bone On probing
the wound he found the direction of the
ball 10 bee downward and backward lie
expected 20 find The aperture on the OPP
posite side of The neck lie did not find
any aperture however, from which the
ball had escaped.
THE THEORY or ASSASSINATION.
Question by prosecution From the
track of the ball as indicated by the
probe and the appearance of the wound,
where dil the person stand who fred
the shot,
To this question the defense excepted,
hut Judge Riyes oyerruled the oh.
lection, and the defense reserved the
point.
Dr. Nicholson then answered a. fol.
lows a person standing behind Mr.
Balm. II Mr.. Balm had turned his head in
looking behind him, might have inflicted
the wound with pistol fired from bis
left hand. A shot fired from this posi-
tion would probably take the direction
a. indicated by the probe.
This was by far the most important testi-
mony vet adduced by the Commonwealth,
inasmuch as IL tended to strengthen their
theory Of assassination, which they are
endeayorng to develop. This wound in
the Jaw Dr. Nicholson pronounced TO be
fatal. The second wound, in the left
breast, was necessarily fatal, the bullet
either penetrating the pulmonary artery
or the a0rta.
Dr. Nicholson also gave it as his opin-
/ ion that the wound in the jaw could not
have been inflicted by person standing
I'm front Of Balm while Balm was adj
yancing toward and in front that person
with his fists in that persons face.
At 5.ij. and at the conclusion OF Dr.
/ NicholsOn's testimony. Judge kiyes adj
iourned court until . o'clock tomorrow
morning. when the defense will cross
examine the doctor.
This gentleman's testimony as medi-
cal expert has been very damaging TO the
prisoner, and counsel for the latter were
unwilling TO 20 into the examination un-
Ill they had a consultation.
Dun's Weekly Review OF Irade.
NEW YORK, May 3.-R. G. Dun *
! Co.'S weekly review of trade Will say
'The unprecedented interruptions Of
business by the centennial preparations
and celebrations has made the week
nearly blank in commercial
OF financial respects At New York
accumulated orders gave a surface APP
naarance of greater activity on Thurs