The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-05-11
HIS TESTIMONY AS GIVEN ON YES
TERDAl.
STSsFX'S NOTED TRIAL PRO.
DRESSING SLOWLY
FNIDENCE FOR THE COMMONWEALTH
NEARLY ALL IN.
Something Ia the way OF a Sensation IA
pected Tomorrow, II the Prison
er's Mother + Put on the
Witness stand.
Special to the TIMES. J


/ important witnesses whom they have yet
examined. and his testimony, as offered
+ in the absence OF the jury, who were re-
moved from the courtroom, was OF d
yerv sensational character The "ame
of the witness is Robert Brittle, and he
; is quite a young fellow and, mp to the
time of tie killing OF Nat Balm, was a
friend and intimate Of the prisoner.
His story, coming as IL did after the te-
diOus and unintcfesting evidence which
has been brought ont in the last two
DAYS. was most refreshing from a news
paper point of view, and Of course il
was objected 10 by the defense. Brittle,
IL appears. had o talk with Carleton on
the Friday preceding The murder, and
this is what he iesiiiies that Marks said
10 him ON that occasion
Bob. ! am going TO Kill a certain man
If it takes me fifteen years to DO it. If ]
have 10 use strychninc
"WhO is the man was BOb's reply.
well came back the answer, "he
lives in this neighborhood '
"Hush, hush, Carleton" exclaimed
Bob. according 10 his version Of the oc-
currence, YOU aust not talk that way
This conversation occurred in the bar
room owned by d. \ Marks. On the
SUNDAY following the witness had an
other talk with Carleton, Of which he
gave this version 80 the court
INIIcArlNC TIE VICTIM
In the second conversation Carleton
told him that " Balm had mistreated his
myl little sister Sallie, and father is
going TO send two men to see him TO.
morrow, OF the next day, to talk TO him
about e.
The introduction of this witness was
only accomplished after counsel on both
sides had held q friendly consultation,
and had decided that the jury should
retire before the questions which brought
ont the information had been answered
The defense. of course, objected, and
Judge Riyes adisurned court until +.
VI IN order that the defense might have
am opportunity 10 hold a consultation.
Robert Briitle's testimony created de-
cided sensation. inasmurh a. he stated
facts which had not heretofore been gen
orally known. have, therefore, reversed
the order OF proceedings in this report,
so that ihe most important episode of
ihe morning session may be given "a the
opening of the report.
Tnf DEFENSE TO nEGfN.
The Commonwealth has now about
finished The examination Of Witnesses
for The present. and the defense will soon
be- called upon 90 show ii- hands and 10
indicate the line which il will follow in
relieving the prisoner of the charge of
promeditation, which the prosecution is
cndcay0rng tO sustain II they first
introduce the mother of tse prisoner.
then something in the way of sensation
may be expected tomorrow when she
is pat on the stand Mrs Marks
is bearing mp brayely, and her
sweet. m0therly face eAciies gene.
raj sympathy. especially when she
Is seen in The neighboIh00d of the Jail
where her son is confined She goes
there three times day, when the prison
ors meals are carried 20 him, and she is
invariably accompanied hy her two
daughters And speaking of the Jail
and the courthouse generally, 10 may be
added that both have certain environ
ments which would run a rigid santa
rian almost mad. Court, jury and spec
tators have almost been overcome at
times hy the efiluva which arises from
the vicinity.
THE JURY UNwELL.
Court viii adjourn at , r. VI. to-mor
row and will not reassemble Until the
same hour ON Monday This is done for
the purpose of giving everybody need
ed rest and especially 10 afford counsel
the opportunity 20 spend Sunday al
their respective homes The jury, also
are ia % sad way, and ever since last
Monday there is not a man out of the
dozen who has not been
sick Most of them seem
to be unable to stand the confinement to
which the trial subjects them, and il has
been necessary almost every day for the
court 90 take several recesse., on account
of the condition of the jurors The hot
spell of The last two days has been
unusually trying, as well. Next
week, however, il is hoped that there
will be no delays. and that everybody
will be able TO gel down % work in good
fact Then the case will get 10 the jury
before the week is out 1t is more than
probable that next week court viii begin
TO sit earlier and 60 adjourn later, if
necessary, in order TO conclude the trial
as soon within the limit prescribed. The
expense to the county it is estimated,
will be nearly $1,000.
MORNING SESSION.
The direct examination of Philip Brit
tie was resumed this morning by the
Commonwealth. 1t was apparent that
the prosecution were Of the opinion that
this witness knew more about the facts
which led to the killing than he was will
ing to diyulge. Brittle was extremely
precise and guarded in his answers, and
Mr. Mckenney, who conducted The tx
had hard work Yesterday 10
ge; al the facts which be wished TO
bring ont. This morning Brittle,
after much squeezing. made IL plain
that he remained with Carleton in the
bar-rOom from II o'clock until the time
of the shooting Carleton, he said. was
constantly running out of the bar-room
and returning at intervals of few
minutes The last time that he left he
asked the witness 10 STAY in the bar until
he returned Nor did he come back any
more, so far as witness knew. either be-
fore or after the shooting OF y. VI. BAN
Five minutes after the prisoner left
the bar for the last lime witness
heard two reports OF pistol or gun on
side, followed by loud screaming from
the direction Of Mr. d. 4 Marks house.
lie then went 10 Bain's store, got his
horse aud cart, aud started of in the
direction OF Wakefield. lie met no per
sons on the way whom he recognized,
and never heard Of The circumstances OF
the shooting ultil he returned TO
Bain's store some little time after
ward, just before the body OF
Balm was taken home. The defense
did not cross-eXamine the witness, and,
after he had been on the stand for more
than two hours, and told nothing more
material than is reported in the fore
going, he Nas retired, and the Common
wealth next introduced Robert Brittle,
his brother, but, as stated above, an al
iournment was taken until 3 = NJ, on
account Of the objection OF the defense
10 certain questions propounded 10 the
witness by Mr.. Mckenney.
AFTERNOON SESSION.
Mr. McIlWAine for the defense. argued