Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-10

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ismiics.
EMORY CRoss.EXAMISEp.
Whom the court met AZ 9 O'Clock tbs
morning. the cross-examlnation IN chief OF
=. II. Emory was begun. A miniature
model ~ the Marks residence. made 10y Mr.
ID. 4. Marks, was shown the witness, and
pronounced 10y bin 10 be very accurate Zee
urescutaiiou. ne explained the plan ~ the
honse 10 the Jury. demonstrating Il by the
model, and then pointed out where be sat
I'm the dinng.rOom when he heard the shots,
A also thc positions held By the different
persons mentioned by him rs present ON the
piqzza ard in the ward AZ the time b. came
out of the dining-rOom after the shooting.
NJ. Fmory testified that the talking on the
piazza which preceded the shooting was
very loud and excited, and so continued
after Salio Marks had been clped TO come
out on the porch. This loud and excited
conversation was carried on between Mr.
aud Mrs. BIn and Mrs. Marks. lie did not
hear Sallie Marks talk. lie could only dis
tiuguisb the words OF one OF the takers
namely. Mr.. Balm.
The witness illustrated on The model The
spot where Mr. BAN fell MORALLY wounded,
showing that nc walked about ono hundred
feet after being shot. He beard Mrs. Marks
offer cart 10 carry Bain's body home, and
offer quilts 10 place the body on, but Mrs.
Balm declined the Offer
THE PISTOL.
Carleton Marks gave witness the pistol
with which be had shot Balm about three or
four minutes after the shooting. he maio
no statement ~ any kind when he surron-
dered the pistol % the witness. His father
asked him under what c.rcum.tanccs be
killed Mr. Balm. and be replied thar Balm
had his fist I'M his (Carlctou's' face when De
shot him. Witness beard Mrs. Marks cav:
What are Won going 10 do nowE' llis
answer was: OH do the bcst ! can" Wit
ness remsined at Marks's house until The
saturday after the shooting.
The witness was INTERCEPTED NJ some
length with reference 10 the relative position
Snd distance Of the Marks residence % the
bar.roOm kept by Marks and 10 Bsin's store
and also with regard 10 the relative location
Of the surroundings Of the residence. His
replies indicated that the piazzl of the Marks
house is in full view from he front window
Of Bain's store and that the view is IN no
wise Distracted bv the bar-rOom. This EVIL
dence Is 0f importance az bearing upon the
fact that Carleton Marks, who has been
shown TO have been in the b2r-room at The
time Mr.. and Mrs. BAN went 20 the Marks
residence, could have seen them 20 there,
and as demonstrating the possibility, 70 not
probability, Of bis having heard at least the
beginning. II not more. OF the loud and eX-
cited conversation which took place between
MT. and Mrs. BAN and Ms. Marks.
This view Of the case would tend TO
weaken the theory OF q premeditaief murder,
and would lend color 10 Che supposiiiou
that the young man acted under TIC sense of
An indignity which WIS conveyed To- BIN hY
the aforesaid conversation. Mr. Em0ry's
evidence Is further important 70, being IRE
trst go FAR adduced showing that Nat. Bail
had msde = threatening demonstration to-
wards Carleton MarLs before tle latter fred
the fatal shots.
LYNCH RECALLED.
r. w. Lynch WAS recalled by The pro.ocu.
ton, but the defence objected 10 his ie-ii-
mouy on tie ground that De had been o1ce
examined, cfOss-eXamined, and discharged,
and that under the ruc, Oi evidence be
could only testify in relation TO matter cou-
ceruing which the Commonwealth 70 the
time Of his examination bad no knowledge.
The prosecution contendfd Tat Lyucl's
re.examination was perfectly proper. bee
cause II was the purpose % the Common
wealth to question him regarding the de-
livery OF TIE Marks letter 10 Balm, which
was aiter-discoyored evidence IN the sense
that the letter had not been ia eYideccc n
the time Lynch was on tbs stand.
Brief arguments were submitted on both
sides. and he Court ruled that the re-eXami-
nation Of the witness was proper, whereupon
the defence noted an exception ana the
court took It's usual dinner recess.
Afternoon Session.
After the recess r. ". lynch was exam-
infd by the prosecution with reference 10 hls
part M toe d-ily, OF the letter 10 BAN. lie
stated that ne WAS present when 70 was de-
liyerrd 10 Balm about II or 1880 4. VI. on
March TIE 5th I'm the rear room = The store,
Or. Devancy being present. After witness,
DR.. Dcvsn-y, and Balm bad LETT the rear
room the latter went ont through a side door
and five or eight minutes later returned
with his wife, who lsd the letter
IN hcr hsnd. Witness did not know
who wrote tbe letter. Witness and Dr.
Deyaney retired into the back room after
Mr.. and Mrs. BAN returned for tW0 rea-
son,-lirsi, because thcr cd not think tue
subject matter OF the letter % Doe tt for dis
cussion in the presence " q lady, and then
they wanted TO advise Nathaniel Balm, whom
they had requested to 60 INTO The rear room,
in order 10 persuade hlm rot % see Marks
until be mad consulted hls father and friends
about the Affair."
BRITTLE TFsIlFIfs.
Philip Brittle was sworn. He identified
the pistol with which Carleton Marks bad
shot Nat. Balm As one formerly owned hY
himself. ON tie morning u tie homicide
between 10 and II O'cl0cA be trade pistols
with Carleton Marks, who gave ban ~ cx-
change for his own one OF very much smaller
calibre. which latter weapon the witness also
identified. lie stated that or that morning
about o'clock be came to Narhs's harroom
to get the prisoner TO do some work for
witness's employers. lie saw a pistol
wing on the shelf, which the
prisoners brother told him belonged to tho
prisoner. Witness aud tie prisOnor's
brother then had some CONVEX satiOn on The
subject Of trading pistols, witness having
broached the subject. in few minutes
Carleton came in and be and witness went
ont together. Witness spoke again about
the pistol aud Carleton expressed a desire %
sec II. Later in the dsy witness took bis
pistol to Carleton, and the exchange was
made, Carleton expressing "a willingness
10 take his pistol back II the witness should
not Ike bis (Crleton'D otter two or
three weeks trial. Carleton then took VIII
ness pistOlIand put 1t in box or trunk in 4
bedroom back OF the Dar-roOm. witness
was questioned at great length regarding
Carleton Mark-'s movements from the time
witness entered the bar.rOom, and gave very
precise answers to the questions.
When TIE court sdiourned at O'Clock the
direct examination OF this witness had not
been concluded.
FREDERICKSBURG