Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-14
THE MARKS TRIAL.
TIE rXsTIMoSYoY THE MorHERor THE
PRISONER corTIEUsp.
The Positions OF the Parties to the Tragedy
Nipstrsted-Ths Brother Of the
Prisoner.
lsnscI.l ,nlarr.m to ,hs pI.palch.l


SUSSEX COURTHOUSE, Va, via STONY CREEK,
May i3.-The Marks.Bsin murder trial en-
tered upon It's tenth day to-day. After
nearly twenty four hours resting and at
tendance at divine services the Jury came
into court looking brighter than on any day
since the trial Of this remarkable case was
begun. Whatever OF sickness has pre-
vailed among its members has al
most entirely disappeared, snd II Is
hoped that no mishap Of providential
sort will retard the progress OF the case
Unless the crOss.exsmnation by the prose.
cutting counsel OF the witnesses for the de-
fence IL extraordinarily long aud severe or
the Common wealth offers great deaf oil tes-
timony IN rebuttal, II would seem that the
evidence could be all put in by wednesday
night and the argument on the INSTRUCTIONS
begun ON Thursday morning.
IPsASD ASD's.
However, so many suppositions, "iPs
and "aud's". have been INDUCED In with
reference 10 the termination OF the case that
further speculation seems entirely useless.
The court met al O'Clock this afternoon,
and the Denomination OF Mrs. Marks,
the mother OF the accused, being resumed,
she passed through severe ordeal, but bore
UP singularIy we'll. SO far as she remembered,
she said, Carleton drew his pistol the hrst
time when he said, Stand back, Mr.. Balm"
She was unable to say just how many steps
Balm was from Carleton at that time, but he
was very near when she saw the glitter OF
the pistol - Carleton drew it from hls
pocket. She did not know how he held the
pistol when the first shot was fired, It was
done so quickly. Mrs. Marks was asked
several questions by Mr.. Mckeuney as TO the
distance OF Balm from Carleton when
the latter fred the first shot with
view 10 showing that he (Bain) was
not near enough to shake his tst
in Cartoons face, and she answered that sue
knew Balm was nearer than ten feet Illus
trating the distance by Mr.. Holland, OF coun-
sci for the defence, walking towards her as
Balm advanced upon Carleton. When tho
latter fred 1t was found that the distance be-
tween the two men must have been about
three or four feet. She did not know what
Bain's intention was when he advanced
upon Carleton, as nothing more was done.
@. Then do you mean 10 say that Carleton
Marks shot him simply because he came TO-
wards him IN threatening manner ana DE.
fore Baine even had a chance to strike him.
A. don't say that. think It Was what
Carleton heard him deny that caused him to
make the remark TO him and shoot him as
be advanced on him.
he sTEPPED BACK.
Mrs. Marks said that Balm bad gotten near
enough TO Carleton when the latter nred
the hrst shot TO cause the latter 10 step
back. Balm did not strike Carleton, now
ever, and showed no disposition to strike
him except That he shook his fist in bis lace.
When Balm advanced bis gait was
faster than that OF an ordinary walk.
| ma hat Cla Tine
OF 10 prevent Carleton from reteating
further. She did not know what caused
him 10 stand still. While all this was going
on witness still kept her same place on the
porch. Balm muttered something as be adj
yanced upon Carleton, but she did under
stand what IL was, as he talked with clenched
teeth. She thought she heard him NUT
ter, both before and after the hrst
shot Mrs. Marks illustrated with Mr..
McKenney Bain's attitude after Carle'
ton Marks had fred the first shot. From
this llIustration it appeared that BAN had bis
right hand on his left breast and his BODY
bent. his face "tucked down." and his lett
cheek turned squsrely toward Carleton. She
did not know what Balm was dong with his
left hand at the time.
CAN'T TELL.
0. What was there in the position oil BAN,
thus shot 10 his left side, to Indicate to Garlic
ton Marks that be was in danger OF serious
bodily BARN for the man thus shotI
A. | can't tell what 1t indicated TO him.
o. Was there suvthing 10 indicate 10 you,
from tie position or manner OF BAip alter
the first shot. as you have described. that
Carleton Marks was In danger oil any serious
bodily harm from said Balm?
A. After the first shot was fired was so
4 felt what ihaV
did do. ! took no thought as to what was
indicated.
Mrs, Marks was closely questioned IS to
the remarks addressed by her TO Carleton
and 10 her husband after the shooting, as
testified to by several witnesses, which she
denied on her examination in chief, but she
adhered to her declaration that she hSd
never said ANYTHING OF the sort. All she
said 10 Carleton when he and her husband
were getting ready to 20 10 Wakefield was
" Carleton, are you going away aud mol tel
me Rood.bye?" He replied ~ reckon I'll
come back after little while"
TIE LETTER, AGAIN.
Questioned as 10 Cartoons knowledge OF
the letter to Balm, Mrs. Marks said that she
did not TELL him ANYTHING about it, but could
not say whether or not any one else had
On her direct examination Mrs. Marks
! had testified that after February 2Stb, the
day on which Sallie told her OF Baln's al
legged improper conduct, all intimate inter-
course between herself, her husband. and
Sallie on the one hand, and Mr.. Bain's family
on the other bad ceased.
NO, SIR.
She was asked II she was aware OF the fact
that on March 4th, the day before the shoot
ing. her husband took 8 social drink with n.
NJ. BAN in Wrenn's bsr.room, at Wakefield.
la positive tone she replied "No, sir; did
not"
Q. Did not your daughter Mary. with your
knowledge, consent, and approval, visit the
house OF n. N. Balm on the Friday before the
shooting?
A. She did no such thing. She visited
there on Wednesday evening, and II was on
Thursday that Salhe told me OF Mr.. Bain's
conduct
Percy Marks, the brother OF the prisoner,
was the next witness, aud told the story OF
the Killing and Of the conversation pre-
ceding substantially as IL was testified TO BY
Mrs. Marks. His direct examination had
not been concluded when the court adjourn