The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-18


TINES Mr. Mckenney's cross eNamina
tion was very searching and as follows.
AFTER TWO JUDGES.
By Mr McKenney-D YOU occupy
ing the position Of Judge Of the court OF
Sussex, and as such sworn 10 DO yOul
duty in seeing that the criminal laws OF
the State Of Virginia are duly admins
tered in your county. become party 10
the preparation OF that letter; and did
you advise ID. 4. Marks tO compound and
conceive The felony therein charged. pro.
yidei y VI Balm would leave the county
of Sussex.
Answer did not so advise him.
Quesiion-Then why did you take
the responsibility OF writing such a let
ter
Answer-Dr Doyaney stated to me
that Judge Wexford requested that
would write The letter If Mr. Marks did
not feel physically able TO do So Mr.
Marks said that he was so nervous that
he could not.
QuestiOn-Then do YOU mean To- say
that YOU did not approve of the writing
Of that letter.
Answer mean 20 say that did not
wish 20 do it on account OF my Of
fetal position.
Question do you mean to say
thar you did not wish to- do it because
you did not approve of the writing Of the
1 letter.
Answer did not mean to convey
that idea
Question What idea, then, did You
mean 10 convey.
Answer-That being an officer of The
county ! did not care 20 write H.
Question-lf you approved of the
writing of the letter, why should you
have had any objection, even as am
officer of the law, 10 writing the same
Answer-lf had been a private indi-
yidual. and not an officer of the law,
might have approved IT, As an officer.
] should have had nothing 20 do with &C..
Question an officer. do you ape
prove of anybody writing such letter.
Answer-As an officer DO not advise
the writing Of such letter
QuestiOn-Then why did you, occupy
ing the position of judge of this county
sworn faithfully 90 administer the crimi-
nal laws of this state become party TO
the writing of. and, actually uuaiied,
write letter the writing of which, as q
public officer, YOU would not advise or
approve in anyone
Answer Because was informed that
Judge Wexford had stated that this let
ter would bring about q conference of
the friends of the parties interested. and
the matter some way adjusted through
their conference
Question Has Judge Wexford. of the
Circuit Court of the city of Richmond
under the laws Of Virginia, any control
over the judgment, will or conscience of
the Judge OF Sussex county;
Answer He has not
Question have said that you
wrote this letter, except the interlinea-
ton referred 10. who composed the let
tery
Answer-The writing is mine. The
ideas conveyed in 10 were received
from Judge Wexford. through DIR De-
yaney.
Question-Did Judge Wexford write
his ideas to you.
Answer-No. Dr Deyaney reported
them TO me as ayerbal statement of what
Judge Wexford said.
OuestiOn-Ihen / understand that
from this verbal statement you, and you
alone composed the letter Was this
your idea of a letter which would lead 90
a conference between the friends of the
parties. and so 90 an amicabe settlement
of this matter,
Answer-My idea as stated before,
was given TO me as Judge Mellfords. J
did not conceive the idea IN amy shape or
form, acting only as an amenuensis
QuestiOn--Wh you wrote this letter
wcrs you familiar with section 1850 of
the Code of 1887, headed Como aling ON
CompOunding OHcn-es-llOw Punish
ed
Answer Yes. / suppose So
Question Did YOU not know that in
writing that letter for ID. \. Marks and
hayinf "a knowledge OF the fact that it
was i0 Boz sent t0 y II Balm. you then
and there were becoming q party 10 and
virtually advising ihe commission by ID.
4. Marks of crime which. under sec
ton $500 of the Code. is punishable with
confinement In jail not more than one
year and fine not exceeding 5000
Answer will submit that tits never
occurred 90 me- and was acting only rs
an amanuensis.
Question-Was it your connection
with this letter that caused you TO deem
it improper for you 20 sin in this case,
AnsWer-lt was.
JUDGE WELLFORD DEFENDED.
Mr. Holland. for the defense, after Mr..
McKenney had concluded, entered upon
a long examination of the witness, In the
course of which Judge Shelton said that
he had always heard of Judge Wexford
AS pure learned and distinguished
iuri-t. and therefore, af er reflection, hc
had not hesitated as an individual t0
follow the course which that gentleman
had advised Counsel for the defense
also asked many other questions Of the
same import the answers 10 which in-
yolyed a high tribute to the Judge of the
Circuit Court of Richmond.
David 4. Marks the father of the
prisoner, testified at the afternoon ses-
sion of the court There was nothing In
his testimony which has not already
been brought out Mr. Marks is rather
small in statue, is about hity years old,
and his hair and beard are pientilully
besprnkkd with gray.
In reply 10 a question on cr0ss-eXami-
nation a. to whether he had taken
drink with Balm, the alleged attempted
outrager Of his daughter, after he had
been Informed of the outrage, he replied
that he had not. neither al Wakefield or
any where else lie was in no degree
compromised by bis cross examination.
But the sensation of the afternoon was
the evidence which the prisoner himself
gave.
THE PRISONER TEsrifiE,.
Ii was not expected he would be put
on the witness stand, but at the last mo-
ment and after due consideration. the
defense decided that he should tell his
own story. His eyes rested fixedly on
Mr.. Mcllwaine. VINO conducted the ex
animation. He looked pale and
exhausted, and in firm tohe
OF voice looking the jury squarely
in the face, he had not, he said,
heard anything about the letter till the
morning of the shooting, nor had he
ever heard before that time that y. VI.
Balm had mislreated his sister Sallie.
Observation-Disclosures Brittle has testified