Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-10
MARKS-BAIN TRIAL.
MISS SAlLle MARKS, WHO CAUSED
THE MURDER, ON THE STAND.
and Its Origin-The Prisoners Own
Testimopy-Gay's story.
Especial telegram to tho Dispatch

HichhfoRD, VA, December y.-lne
court this morning met according 60 adj
journment. The morning clouds broke
away and presented a sccneof dazzling
beauty, the trees all being covered with
sleet. The jury were well and looked as if
they had been well provided for. Upon
their return TO court counsel for the de-
/ fence introduced Miss Sallie Marks, the
daughter Of D. A. Marks and the unfortu-
nate young lady whose alleged grievances
/ occasiOned this homicide. Miss Sallie
/ Is young lady Of good appearance, four
/ teen years Of age, tall and slender. la
answer 70 questions she stated she was the
I sister OF the prisoner. She was an eye
/ witness 20 the shooting. she said she was
/ at dinner when Alr. and Mrs Balm came up
and that she came out whom called by her
/ mother. She then described the position
Of all the parties, refreshing her memory
I by reference 10 the model which was shown
| her.
A TRAGIC SCENE.
saw Carleton coming around the house
in the rear Of whore Mr. Balm was standing.
/ Balm said You all must prove this thing.
[ IL ever ! made q criminal assault on Sallie
| would suffer a rope 20 be put around my
neck and die any death
Salie said: Then you viii have TO die.
! Mr.. Balm, because you know YOU did 1t"
Witness then described how her brother
| Carleton said TO BAN " If had treated
I q daughter Of his as he had treated Sallie
/ ! would have been a dead man. In gra-
/ phic manner she described Baiu's advance
upon Carleton: how Carleton told HIM 90
" stand back -: how he retreated one step
| backwards then drawing his pistol fred
/ the first shot how Balm continued % ed-
I vance in the threatening manner. and how
q -. IA 4 ts.A ttuf
turned towards the front Of the yard and
fell.
DID NOT HEAR.
Witness did not hear her mother say,
Are you going away and not help Balm y;
| or. that "he Carleton had done all that he
| could": or that IF Carleton had listened
20 her il would not have been" This
young lady being the unfortunate cause OF
oil this trouble was then asked when she
first told her mother Of the criminal assault
made by Balm upon her. She stated 10 was
on the 2Sth of February, 1883 or 1889.
TAKEN II WRITING.
II was five days before Carleton killed
Balm mother took my statement IN writing,
which statement was carried by ID. A.
Marks % Judge Wexford, Of Richmond.
and upon the advice given on this state
ment the fatal letter was written.
This statement was given 10y witness on
February 2sth and 10 was therein alleged
that Nat. Balm first assaulted her in De
cember, 1856. The last assault was made
in September, 1888, and the killing oc-
Cured March 8, 1889. One could but feel
pity az the agitated and nervous manner OF
this witness, who may yet be called a
child.
THE PRISONER TEsTIF1Es.
At this juncture Carleton Marks, the
prisoner. was put upon the stand. lie
described the position Of the parties dis
claimed his knowledge of any trouble,
showed the Jury where he was when he did
the shooting denied several of the Com
monwcath's witnesses rs to trading prs
tolls. and IN the main followed in the same
channel OF all the othor witnesses Tor the
defence
It's privilege, of course, TO introduce
The prisoner b. testify in his own behalf
one. however, that counsel use great dis
erection in. Whether or not Carleton added
ANYTHING to his case remains for the jury
to say.
MIR. PosU's EVIDENCE.
Mr.. c. NJ. Pond then made his appear
ance ~ a witness and testified that he heard
Mrs. Balm say IN answer 20 a question from
the Coroner that che was so much excited
she hardly knew who was talking or what
happened. Mr. Samuel Brittle, the next
witness. also sand he heard Mrs. Balm say
she was 20 confused and excited that she
did not know exactly what happened.
OTHER wITNEssEs.
Mr.. Allen, the next witness, was inter-
rocated rs TO the general reputation for
truth and veracity Of Mr.. Burton, wit
ness for the Commonwealth. He did not
know his general reputation, but from his
knowledge of the man would not believe /
him on oath.
just here Mr.. j. Z. Gay was introduced. |
His testimony created quite sensation IN !
court. He had known all the parties for
wears. was intimate with BAN; had traded |
nj his store: had tried to look through the !
windows 10 Marks's house, but the view was /
INSTRUCTED. He was the gentleman, and the !
only one 50 far introduced, that heard Nat. |
Balm say he had taken liberties with Sallio |
Marks.
ONLY TOLD HIS WIFE.
He went on to tell the jury how Salhe
and a number of little cousins came TO his
place OF business on a certain occasion,
and here the witnesses language j. such a.
would not do for public print. He only
told of this TO his wife and Philip Brittle, /
and did not advise his own cousins 10 keep
out Of this company or tell his uncle OF
what lac knew. The public drew their
conclusions, and IL Is supposed the jury
did the same thing. Here the counsel
raised some question as 10 introducing Mr..
r.. L. Burton in rebuttal. The jury was
sent out and the question was argued at
much length.
NEARING THE End.
The court decided 10 admit Mr.. Burton
"a a witness and the case then progressed
slowly until o'clock, the hour for adj
iournment. The present outlook of the
case is that without fail the testimony
will be concluded tomorrow and the argu-
ment commenced. Court adjourned TO .
o'clock tomorrow.