The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-09
N MURDER0US LETTER
READ TO THE JURY IN SUSSEX.
PROCEEDINGS OF TIE MARKS
MURDER CASE
IN WHOSE HANDWRITING Is THE
LETTER.
The Personal Appearance of the Murder
ed Man rescribed To the JurN-A
stirring speech AT the Afternoon
Session.

s.-The defense have all along been en-
deayOring 10 show that Carleton Marks
had some motive in taking the life OF
Nathaniel Balm. They have also been
aiming To- demonstrate that when Balm
went 10 the Marks residence. where be
was shot. he had a well-dciined purpose
and intent--in fact that he was smarllng
under the accusation which bad been
brought against him in the letter that
was delivered TO him by Or. Devaney.
They have been anxious 10 prove IN ad-
diiion that Balm was exceedingly
angry when he walked over with
his wife 10 the house Of David
Marks ard that his mission there was
of a hostile character This morning,
when the court had been called to order.
Mr.. Holland. for the defense, asked that
the letter in question be produced, and
this was promptly done by Mr. Mchen-
nev. leading counsel for the Common
wealth. and Identified by Mr. Barker,
the witness. who had seen the letter de-
livcred TO MI Balm before the shooting,
and had also seen il removed from the
body of the deceased a few minutes
after the alleged murder was committed.
The letter was then read to the jury as
follows
THAT MURDEROus EPIsTLE.
SUSSEX County, Va, March 4, 1889
" " BUN. hg.
Sir-Mv daughter Sallic has told her
mother of the vile attempt made by you
upon her. II is needless for me 20 tell
YOU that have also been informed OF it,
/ make no threats of personal violence
upon YOU, but make this offer 10 you
You must leave this part of virginia by
the 1st day Of July, 1889, or take the
consequences of an 0ttemptea
with my daughter sallie, child under
twelve years of age.
The penalty for the offenso lsee Code
1887, section 3Gs0l is death, or, at the dis
cretion of the jury, confinement IN the
penitentiarv not less than ten nor more
than twenty years to-day went 20
Richmond. and by advice of the best OBJ
tainable counsel, ! make You the above
proposition. TO the present time, but
few have been told of the outrage, and If
YOU accept my proposition 10 leave a.
soon as vOur arrangements can be made,
every effort will be made TO hush the
scandal up II YOU do not accept the
proposition, of course it will be Useless
To- attempt TO keep 10 secret. ! expect a
positive and unequivocal answer 10y
o'clock A. NJ. ON Wednesday, 9th in
stant Yes or no must be your answer.
The wish 10 keep this scandal secret is
the sole motive for the above PROPOSE
ton. Yours. D. 4. MARKS.
Cross examined by Mr. Holland wit
ness said that while the signature TO
the letter was in David Marks hand
writing. the address ON the envelope did
not apnear 90 him 10 have been written
bv Marks. The defense have showed
their hands 20 some extent by immedl-
atelv propounding another question OF
great significance namely, this
DO YOU know the handwriting of the
body of the letter
The witness answer however, was
disappointing, as he replied that while
he would not swear as much. he hrmly
believed that the body of the letter was
i'm the handwriting of David Marks. The
intention of the defense was 90 prove az
this Stage of the proceedings that David
Marks had not written the letter, but
that il was in the handwriting OF some
other person known 90 them. il has
been reported on good authority that
Mr.. Marks had consulted Judge Beverly
Wexford. of Richmond. as 10 the proper
course 10 pursue in The matter OF Balm 5
alleged intimacy with Sa.lie Marks That
Jadee Wexford suggested letter
similar to the one offered in evidence,
and that judge Shelton. the county
Judge, had prepared it, in conformity
with the suggestions made by Judge
Wexford.
The defense here dropped this branch
of cross-examination, and after few
questions of slight importance, the wit
ness was asked 10 describe the personal
appearance of the murdered man. The
picture which he drew was that of per
son weighing 22j pounds, very iieshy, as
might be imagined. about five feet ten
inches in height, and nearly thirty siN
wears Old lie was, in fact, the largest
man in the neighbOrhOod. Mr.. Mcken-
nev then commenced the redirect exam
nation. and Mr. Barker testified that
DIR. Devanev, Mr.. T. W Lynch,
and Mrs. Balm were all that were present
in the store when Mr.. Balm handed wit
ness the letter TO read. lie saw Dr. De
vaney and Nh Lynch when they first
came 10 the store, witness then beng
busily engaged at his desk writing. De-
scribing the delivery Of The letter he
said that Messrs Deyaney and Lynch
walked with Mr.. Balm into the grocery
room After they had remained there a
few minutes. ! heard Mr.. Balm say
" Gentlemen. this thing unner,es me /
never thought of committing such an
act in my life" Mr.. Balm then
added that he must see Mr..
Marks. and was informed by DR..
Deyaney that David Marks was away
from home, having gone TO Wakefield.
The witness was then asked a question
which seemed 10 bear upon the truthful
ness of the charges contained IN the let
ter. and an animated discussion followed,
the defense Objecting on the ground that
il raised a different issue. II the ques-
ton were admitted, Mr. Mcllwaine con
tended. issues would be raised which II
would take month to decide, affecting
as they would, the fair fame OF two
families, and he could not con
ceiye how long the trial might
he protracted The defense insisted that
at no stage of the case did they care to
20 into the tuthfulness OF the charges
and if the prosecution succeeded in rails
ing the issue as 10 Bain's guilt OF inno-
cence of the charge. then il would be
impossible 10 avoid swinching the repu-
tation of the persons involved. At l2.l
Judge Riyes adjourned court in order
that counsel might cite authorities fol-
his consideration.
AFTERNOON SESSION.
When the court reassemhlel Mr. W
b. Mcllwaine, for the defense, made a
stirring and eloquent speech in regard 10
the admissibility of the question under
consideration. The defense. he said
did not care to go into the truthfulness
of the allegation, but preferred rather
that the doors should be kept FOR
ever shut. Nat Bain's voice was forever
stilled in death, and while he did not
affirm that the deceased had been guilty
of the infamy charged against him
nevertheless the defense had the adyan
tage, AS the living witnesses would testify
I IL -, ........ttt,n mould oman fh. doors