The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-12
Ninth pay of the Marks Murder Trial
Mrs. MARKS Testimony In Her sons
Eehaif-Ihe Daughters Charge
Adjourned Tin Monday.


she told her story this morning IN clear
voice. botrayng no emotion whatever "a.
! she recOunted every act in that sad
! occurrence. Looking at her as a
spectator, and knowing the relation
which she bore TO the prisoner at the bar,
one could not help thinking how delicate
was the position she occupied and how
{ great was the strain upon her nerves,
already weakened by the fearful eX-
pcrioncc which she had 10 undergo on
the morning of the homicide But she
seemed 10 rise above all mere physical
weakness. and relating the facts in am
apparently truthful, and certainly in "a
very impressive, manner She unques-
tionahly made an impression on the jury,
which can only be removed by Gloss
examination that will compel herto con-
tradici herself.
Mrs. Marks has now stated facts
which directly upset the assassination
theory of the prosecution, assuming oi
course that these facts can Doe sustained
I'm the first place she has testified that
Carleton passed by the Bains during the
course of The conversation passed be-
hind them and Csme into the porch,
where he heard the conversation. This
l. extremely important il 10 is establish
Cd for Mrs Balm. the wife of the man
who was killed. testified that neither She
nor her husband SAW Carleton until he
had fired the nrst shot The second aud
most important point of all is that Garlic
ton heard The conversation, SD far as 10
related 90 his sister stepped down out of
the porch i'm the presence of all
concerned, made am angry re-
Iplv TO Balm. was attacked and
hred The two shots while Balm was adj
yancing upon him Now This lends am
entirely different complexion 10 the
whole case. il Mrs Marks testimony is
established as The fact Thirdly, The
mother avOw- most sOlemnly Chat pain
was shot In the breast first. and not at
the second discharge, as Mrs. Balm all
lered Fourihly. and IN di-prOof Of Dr.
Nicholson expert testimony, Mrs
Marks alleges that if her SON had ape
preached Balm from behind and shot him
al close quarters in the face her son
would have been al the bottom of a small
decliyitv. six or eight inches lower than
the brick walk ON which Balm was stand
inc. Balm being taller than Carleton
. Marks. 10 Will be perceived that the bull
let fired from such "a direction would
hardly have taken the course indicated
. hy Dr. NichOlsOn's probe" backward
and downward.
SOthis is the way matters now stand al
this stage of the trial. The defense
have indicated the line which they intend
10 follow, and the prosecution has rested,
after leading mp 10 the idea of "a Wiliul,
d ....u0.r.IIr murder
And so we have the spectacle presented
Us of d murder trial in which the vital
witness ON each side is near relative of
the murdered man and the prisoner at
the bar Ii is as though it were mother
against wife Could there be anything
more touching
Smith Days Session.
This morning the crOss-eXamination of
+ Robert Brittle By the defense was re-
sumed and Mr. Mcllwaine asked the
witness, very impressiyely, whether he
was willing 10 swear positively and sol
emily 90 the fact that he really did have
The conversations with Carleton, which
were reported in this correspondence
Yesterday Brittle looked the jury in
ibe face without tinching and replied
IL am, in firm tone of voice. This
ended the cIOss-eXamnaiion, ana Nj.
McKcnuey here announced that the
+ Commonwealth rested its case. The de-
Tense then called Mrs s. i. Marks, the
wife of d. A. Marks and the
MOTHER OF THE PRISONER.
Mrs. Marks was neatly attired in a
rrav-blue dress and wore a black straw
AI.rI..f Ia ffI.
effect IL was having conversation al
my home ON the morning that the shoot
ing occurred with Mr.. y VI. Balm and
Mrs Elizabeth Balm. My daughter was
present
Being asked to state what She knew
about The killing, Mrs Balm replied
we were standing in conversation,
talking about the letter which Mr. Balm
had I'm his hand ! saw Carleton pass
ing along in the rear of Mr. and Mrs
Balm, near the dining-rO0m door. MI
Balm was talking at the time saying
with the letter IN biz hand Now, YOU
all have got this thing 10 prove. and if
YOU can prove that ever assaulted Sallie
in my life / will be willing TO suffer any
punishment, if it is TO put rope around
any neck and be hung
TIE DAUGHTERS CHARGE.
Then Sallie said Mr. Balm, you
know it is so, and if it is not so ! will
die right here
Mr. Balm answered You will have
to die then
81 then saw Carleton walking out
from where he had been standing, near
the we'll, and start and remark 10 Mr..
Balm in a very excited, angry way. Mr..
Balm. if | had treated child of yours
like that / would have been dead long
ago.
Mr. Balm then turned abruptly from
me and advanced toward Carleton with
his right fist clenched. As he got very
near him Carleton said
STAND BACK, SIR ~
'He kept advancing, however. and
Carleton retreaied and drew his pistol,
firing the first shot which struck him on
the left side Mr. Balm muttered some
Thing which | did not understand, and
then, bending his head forward, and
turning his face 70 the right, continued
to advance. As he did So. and kept ad-
vancing. Carleton put the pistol TO Mr.
Bain's face and fired again SO close that
the powder blackened Mr.. Bains face.
Mr. Bain's right hand was then pressed
against his left breast, as he received
the second shot
Question by Mr.. Vest for the de-
fense-Il0w long a space of time inter
yened between the first and second shots
Answcr-Juss the length of time ne
cessary for them to change their posi-.
tions--in fact, just as soon as it could be
done
THE MODEL AGAIN.
Here the model Of the Marks resi-.
dence was again introduced, and Mrs
Marks was questioned as To the position
OF herself and Sallie when the converse