The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-12

near ne we'll After the second shot
W., ,l' Mr. Balm turned deliberately
gIt. ~. the right, and started 20 walk
~ ing about twenty-fiy@.yard.
ID nv. Carleton made no effort
-.J, Mr Balm the third time
CARLTON DIDN'T KNOW.
Did Carleton" asked Mr.. West,
know Of the existence, or of the con-
tents of the letter which Balm had in his
hand before the time when Balm came
up TO the house on March jths
Answer-He did not
Were the relations which existed
between Mr.. Balm family and your own
entirely intimate and very friendly prior
to March 9TH
They were; and, she added. none of
my family except my husband my
daughter Sallie, and myself knew any
thing of the contents Of the note refer
red % before the morning OF the shoot
ing.
Questioned further by Mr West, Mrs
Marks said that II Carleton had come up
behind Nj Balm and shot him there
would have been great danger OF
his hitting either Salie or her
self as he would have had 10
shoot squarely in the direction of
the piazza. Those who first arrived at
the scene of the shooting Were her hus-
band, d. A Marks, HhO came ON horse
back. and DR. Devaney and Mr R. W
Lynch Mrs 7. II Emory came ont of
her dining-r0Om about the same time.
Addie Burton. a little girl, was the next
arrival. and she was followed bv Mes-rs
j. w. Barker and r. ". Scott These
were an Mrs Marks said that She SAW
the wife of the deceased after thc shoot
ing walk mp 10 Carleton. put her hand ON
his shoulder, and heard her say earle
ton, why did Won shoot Mr. Balm The
reply which Carleton made was
Il COULD NOr HELP IT,.
Mr. Marks then wenton 20 tell how ihe
har-rO0m which Carleton tended was in
ull view OF the porch at which the con-
yersaiion took place before and where
the shooting occurred. Mr. Balm, She
said, was talking In very loud tone OF
voice and was gesticuiating wildly in
order 60 emphasize what Dee saii. The
distance from the piazza of her rc,i-
dence 90 The har-roOm she could not trll
Then, 10 show that She was
willing 10 render any assistance after The
shooting, MIS- Marks declared chat .he
offered Mrs Balm a quilt and Mr. hlaIk-
offered his cart for the purpose of car
rving the body home, but Mrs Balm Dee
fused The offer, saying that "ii should
not be done Then, referring 90 Mr
Emory's presence ia the dining-room.
She said That a person standing at her
table near the the window of her dining
room could have seen Mr.. Balm and
Carleton al the point where the shots
were fired.
CONTRADICTING MRS. BAlS.
To show Cartoons mental condition
when be left the porch and walked out
into the yard, where The Baus were
standing Mrs Marks said That bee seemed
10 be very angry, being moved and eN-
cited by The character OF the talk and
especially as regards Mr. Bain- partici-
patton in IT, Tie witness here fatty
l0ntradicted Mrs Bains testimony de-
Caring most positively that that lady
did MT beg Carleton not Co shoot Mr.
Balm again. neither did she mako a re-
mark, heretofore attributed TO
her by Mrs Balm, namely that
She had said 10 Mr. Marks.
before the body was removed, "Are You
going away without doing anything for
him Nor she swore. had Carleton
made any such reply as II have done all
that l.can for him lNr Bainl As re-
CARDS the letter which was written by ID.
A Marks and sent 10 Bain--the letter
which brought about the trouble-the
witness said that she knew 0t iis con-
tents ON the day of the shooting, early
in the morning, probably bttween o and
e o'clock, bat she did not know hoW &c
was tO be transmitted 10 MI Balm.
Carlton did not, up 10 the time of the
shooting. know either of The letter or of
the way by which IL was 90 be con-
ycyed 90 Balm. and his information
was dcr' ed from the conversation
that Immediately preceded Balm 3
killing Again contradicting Mrs.
Balm. Mrs. Marks said that at no
time after the shooting had she ca
claimed Oh. Carleton, if YOU had lis
tened 10 me this would never have hap
pened' nor had she made any such
remark as this Carleton what did YOU
come here for" In fact, Mrs Marks
testimony was throughout. ia all essen
iial points, n fat denial and c0ntradic-
lion of the agerments made by Mrs.
Balm.
The Commonwealth has laid great EN-
phasis upon the manner i'm which Carle-
ion Marks left the bar-room before the
shooting, and the track which he fol-
lowed. in order 10 yet near the place OF
the homicide. Mrs Marks testified that
when she saw her son approaching he
came along the same course 0r path By
which he usually came 10 dinner that
the time az which he arrived was his
usual dinner hour. and that ON the day
in question he had not had bis dinner
when he appeared upon the scene.
Asked as to the last time her daughter
had complained of Mr. Bain's advances.
Mrs. Marks said that on February 2sth,
six days before the killing, >aliie had
told her, for the third time. OF previous
acts of the deceased and that after that
neither she, her husband, nor >nllie had
entertained very friendly feelings for the
Bains after the last disclosure had been
made.
The witness was hen turned over 10
Mr. McKenney or cross-eXamination,
after being on the stand for nearly three
hours Carleton, she said had been on
the porch for "a minute or two when
Nat. Balm made the remark which eX-
cited him Then .he walked down and
faced Balm.
Court then adiourned.s so soon after the
cross-examinaiiOn vas begun that moth
ing of Importance was brought out.
L.
Killed During the storm.
PITTsBURG. May 1.-THE deaths by
last NIGHTS storm in this vicinity are a.