Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-06
MARKS-BAIN TRIAL.
FURTHER INTERESTING TESTIMONY
INTHE SUSSEX TRAGEDY.
Mrs. Balm Was So "vexcd and Excited
That She Dldn't Know How IL Was
Some Very Conflicting Evidence.
special telegram to tho DIsps,ch.l

Especial telegram 20 tho Disoatcn.l
HrcKsroEp, December 5.--When Judge
Barham went upon the bench this morn
ing and opened court Sheriff Lee and
his deputies brought in the jury. They
seemed TO have had bountiful sup
ply of all that the market afforded and
had enjoyed a good nights rest. The
Commonwealth then introduced T.. ii.
Emory. who in answer TO questions stated
that he boarded at u. A. Marks.
p. II. EMoRY's TESTIMONY.
Al the time of the homicide he was in
the dining-room with his back 10 the door
and the window. When he heard the first
shot he at once arose from the table, and
turning his head could see the smoke OF
the pistol through the window: Before he
could open the door he heard the second
shot and then went out and saw them All
together. Nat Balm going toward the front
of the house: all the others and he named
the parties following. He saw Balm fall.
TRAGIC SCENE.
Mrs, Balm told me what Carleton Marks
| had done and went to see how badly baln
was shot. ID. A. Marks told Carleton 70
give me the pistol" lie dld so standing
| near the PROSTATE body of Balm. He car
ried the body into the house. While az
| dinner, and before the shooting, he heard
a talking rather above the usual tone.
WHAT BAN SAID.
The only thing he recollects having
heard was Nat. Balm said, You have got
| 10 prove that" Hc did not see Mrs. Balm
| have hold sf any ones arm. He was in-
vited to Mrs. Bain's TO dinner few days
| after the shooting.
! 40 yPyFD AND rvCITFp.
They then there talked the matter over.
| He said that Mrs. Balm told him on that,
| occasion that she was 80 vcXed, mad. ana
| excited that she did not know exactly how
| il was" and be thought she referred 10
/ what her evidence would be. IL Is but Just
| to say that Mrs. Balm IN her examination
denied having any such conversation.
TIT FATAL NOTE.
Mr.. Emory, continuing, SAID he found the
| fatal note that caused the trouble IN the
pants-pocket Of Nat. Balm, while he was
preparing the body for burial. and gave 1t
to Mr.. Scott and asked him 10 hand II To
John n. Bain, the father OF Nat. Baln.
RATTIED WITNESS.
The witness was very closely examined,
and at times seemed rather TO eyade than
answer the direct questions OF counsel. lie
| was not positive as TO distances nor mca-
| to approximate these.
MB. BRITTLE's TTsTploNY.
Phil. Brittle being called identified the
pistols. He traded the small for the large
! self-acting pistol q short time before the
shooting. He received no boot for the
! exchange. which was made IN Narks's,
Carleton went back in his bedroom and
went 10 his trunk. Don't know whether
he put the pistol there or not. DID moi
trade in the presence Of Il. l.. Burton. and
ho was not at the store after we traded.
AT THE BAR-RooM.
DR.. Devaney drove up TO Bain's store
He came IN and called for q drink. This
was on the morning OF the shooting
Carleton Marks went out several times
coming back he asked me 20 remain IN th'
bar while he was out. No one else was II
there. | consented To do 50.
LEFT FIFTEEN MINUTES AFTER.
Carleton Marks left about fifteen minute
after Deyapey and Lynch drove OF: hear'
the shots, heard screaming at Marhs's
but did not go near; left the bar; went t
put out posts: came by Marks's gate
whore there was great NOISE and confu
sion: saw Mr.. Barker and Others gong III
there, but did not go myself.
THE PosrM,sTER's TESTIMONY.
w, +. Hopkins was then introduced. Ill
was postmaster at Wakefield. On the da.
that ID. A. Marks went to Richmond Carle
ton came TO his store and asked him Z
put his horse away until his father r.
turned; went out to the train to meet hi
father: came back and said his father wa
consulting with Judge Shelton and friend
and he must wait until they were through
About II o'clock Carleton and bis lathe
left for homo. This was the night befor
the killing.
TIE COOKS EVIDENCE.
Mary Summerel. the colored cook OF y
A. Marks, testified that she was present
that Mary Marks left the dlning-room first
she next, and that Mr. Emory was the las
to come ont. as he went TO get his hat
This is in direct conflict with Emory
statement.
ADJOURNED TILL TO-DAY.
Pending motion made by the prosecu
tion TO put Mrs. Balm on the stand agail
the court adjourned until tomorrow at
o.