Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-04
SUSSEX'S SENSATION.
THE SECOND DAYS PROCEEDINGS IN
THE MARKS TRIAL.
Public eentiment-The Jury-The Examins-
tion OF Witnesses for the Prosecu-
tion-The Prisoner.
rsnocIal telegram to the pl.patch.

with the cause OF the deceased. In some OF
its features the trial promises TO become
sensational, II not pathetic, especially as re
CARDS the appearance OF the young girl who
will be put forward to tell the story OF the
alleged wrong which her brother deemed it
his duty TO avenge by the fatal shot fired
some two months ago. The social status Of
the two families who in this trial are ar
rayed against each other Is about equal so
far as can he learned by careful questioning.
Both are respected as among the good eiti-
zens Of the county; both are regarded as
honest and honorable in the common ac>
ceptation OF those terms.
As heretofore stated the length OF the
trial will depend largely upon the latitude
allowed by the Court 10 the prosecution 10
90 into collsteral issues. II they are held
down by strict rulings 10 the immediate
facts connected with the homicide there
seems 10 be no reason why the conclusion OF
the case should not be reached by Monday
night. especially il the court sits ten hours \
day, % | understand 10 be the intention.
Judging from the Circumstance, on the other
hand. that witnesses have been summoned
from 8 considerable distance-some ss far
away as Surry county-lt would seem
altogether likely that au end may not be
reached so soon.
ANXIOUS TO CDNtLlDh IL
I was told last night thst Judge Rives was
anxious 10 close the trial by Mondav night
because 1t is impossible for him 10 be mere on
| Tuesday, and this fact may have a strong
! bearing upon the progress OF the case. In
! the event OF the trial not being concluded
( then II ia said to be Judge Riyess lnten-
ton 10 adjourn II over to Wednesday or
1 Thursday. IL which event, OF course, a ver-
diet need hardly be expected before next
! saturday, II ,hen.
The JURY.
The Jury spent the night in the court.
| house, where sleeping accommodations had
/ been provided for them, In charge Of the two
/ deputy sheriffs appointed to guard them
/ against approach from or communication
! with the outside world. They are provided
/ with meals at Nibletts Hotel. They are an
/ intelHgeni-o looking set OF men, and ap-
parently impressed with the importance and
! the s0lemnity OF their duties. Counsel for
/ the defence spent many hours after supper
/ In mapping out plan Of campaign, while
! Mr.. McKenney took OtiVm cum dig at Mr.
! Watson's beautiful place. mile IRON here.
THE PRISONERS QUIET NIGHT.
The prisoner passed quiet night in hrs
! cell at the county jail. lie looks none the
worse Tor the wear OF his confinement nor
/ for the anxiety that must weigh upon his
! mind regarding the outcome Of a trial the
/ issue Of which 10 him means life or death.
! His appea ance is decidedly progressing,
I his smooth, bOyish face bearing no traces Of
| q violent or quarrelsome disposition IL Is
/ said that he Is not at all addicted 10 the use
| Of Intoxicating beverages, and that he did
| the act for which he now stands al the bar of
! Justice, certainly not while under the indu-
). . NI.r.r rHN.fNn arN
| ing under a sense OF gross injury which he
believed to have been done TO his young
sister.
THE SECOND 10y n COURT.
Court opened at 10 O'Clock with Judge,
| jury. and counsel looking as fresh and active
as could be desired. II was 1925 when 'he
nrisoner was brought into court and took
seat near his counsel. His father sat by his
SIDE After the witnesses for the Common
wealth had been sworn Judge Riyes made
an order excluding all Witnesses from the
courtroom except the one under exami-
/ uatiOr.
The first witness plsced upon the stand
| was DR.. Walter l.. Deyaney, OF W5Sehsld.
| He testified that he and 8r. Il. y. Lynch
left Nlr. Nat. Bain's store aud started home,
| and on the road met Dir. Marks, the pli-on-
| cr's father, with whom they talked for not
more than a minute, when they heard TWO
/ pisto-shots. and they then returned 10 the
| house. " hen they got near enough they
| saw Nat. Balm lying on the ground. witness
| alighted from his buggy 30 SEQ II he could 90
ANYTHING for Bam. he found Balm in dy-
| ing condition. several parties came up AZ
that time Witness heard Carleton Marks
| crv to Mr.. Balm, "Ii had treated your little
sister as YOU did mine would have been
| dead man long ago." A cart was brought
and Bain's body taken 10 his home aud there
shrouded, after which witness left. Witness
thinks he saw Carleton Marks leave Bain's
store Just as he drove up that morning, but
was not positive about this. Witness went
into d. o. Marks's bar.rOOm, just opposite
Bsin's store, to get toddy. and there saw
the prisoner and Philip Brittle. Nothing
was said by either about the killing.
THE WOUNDS.
| DR.. Deyaney stated that Balm was
wounded in the left cheek aud IN the LETT
side In tue region OF the heart. The face OF
| the wounded man was blackened or scorched
by the powder, indicating that the pistol had
| been held very near the face when the shot
wss fired. Dr. Devaney stated that the wound
| in the left side was ahdnt one and haH or
two inches to the left OF the median line,
aud about the same distance above the left
nlpple. Witness did not examine either
wound critically. and only saw where the
balls had entered the body. Being asked II
be saw pistol in the prisoners hands at the
place OF the killing, DR.. Deyaney replied
| that he thought no did. He saw no pistol
on the person Of or near the wounded
man.
CR0ss-EXAMINED.
On cross.examinationth the witness said that
! Mrs Balm was kneeling 10y the side Of her
wounded husband when witness reached the
SPOT. No further facts OF interest or inl-
portancs were elected.
r. y. LYNCH.
R.N. Lynch was the next witness. He
stated that be was boarding in this county.
but was resident OF Petersburg. lie had
known Balm about eighteen or twenty years.
About noon Oh March 5th, on his way from
| Bain's store with DR.. Devaney, be heard two
reports OF pistol and judged they came
| from The direction OF MSrks's residence.
| lie hurried back, and upon arriving at Mr..
| Marks's, Just before getting TO the house,
saw Mr.. Balm lying on the ground. He went
| TO see IL be was really dead, and found that he
was not quite dead. He asked Dr. DeYaney II
! there was any chance OF saving Balm, and the
| Doctor replied there was no possible chance.
| At Mrs. Bain's request witness turned
| the dying man over on his back. Besides
himself, Mrs. Balm. and the wounded mau.
there were Mrs. Marks and Carleton Marks
present at that time. Witness had some con-
yersatlon with Carleton Ii. Marks, but 1t
was not until after BANS body bad been re-
moved. He bad no conversation with Marks,
SO far as ho could remember, while DIR. De-
yaney was kneeling by the side OF the
wounded man. Wnen witness aud DR.. De-
vaney first heard the shots ID. A. Marks
was about five steps in the rear OF their
| buggy. Marks was on horseback. He im-
mediately wheeled around and returned
home and was soon out OF sight. Wit
ness saw him no more uutil after
reaching Marks's house. When witness
got to ths scene OF the shooting Carle-
ton Marks was walking 10 aud fro
right in front OF the porch; saw no pistol or
any other weapon In the prisoners hands;
heard him make a statement either before or
after the removal OF the body in answer TO
Mrs. Msrks's question why he had done the
deed, saying that be "could not help IT,"
| lie heard him say the same thing after the
body had been removed. Upon careful re-
| feetion witness remembered that young