Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-05
MARKS-BAIN TRIAL.
NAT. Balm: "THlS UNNERVES ME,
MORTlFlES NE. IT Is ALL FALSE"
Carleton Marks: AT Have Done All
Could Do."-srrs. Bain's Terrible
story of the Tragedy.
Lsrecial ,oIeeram o the pIspaich.l

HIcKsroRD, Va. December 4.-Ihe court
met according TO adjournment this MORN
ing. Counsel thereupon asked that the
jury be taken out that they might submit
q motion. which was done. W. b. Nell
waine, Of counsel for the defence. moved the
Court that ID. A. Marks. father Of Carleton
Marks. be not excluded from the court as
other witnesses, alleging as a reason tnat
they could better conduct the defence II
be was present.
Mr.. McKenner objected and the Court
overruled the motion.
DR.. Devaney was recalled and asked sew
eral questions. He stated that Carleton
Marks knew nothing OF the trouble or me
business on which his father went to Rich-
mond.
MR.. BARKER's TESTIMONY
The examination Of w. j. Barker was
then resumed. He stated he heard Nat.
Balm say when the note was handed hlm AZ
his store charging him with assault on Sal
lie Marks; " Gentlemen. this unnerves me,
mortifes me, % think that | should have
lived 90 this age, a married man with Gull
dren. and % be charged with such an OF
fence. II is all false" That he ut once
carried the note 10 his wife, and they
~ once went over 10 see Marks. VIC,
ness saw them at Marks's, heard
two shots. saw Balm with his hand 20
his face, and Mrs. Balm clinging TO tho arm
of u man. Witness ran over TO Marks, saw
Balm on tho ground bleeding from wound
in the face. and Mrs. Balm kneellng by
him. He died in few moments. lie re-
garded him as kind, affcctionate father,
husband. and friend. He was highly es-
teemed by oil.
DR.. NIcHoLsoS's TESTIMONY.
DR.. Samuel Nicholson was next placed
upon the stand. He viewed the bodvas act
ing coroner. Carleton Marks was brought
20 Wakefield and TUNED over To me as a
justice. / found him in Judge Shelton,s
office. and was shown the pistol with which
Balm had been killed. ! asked Carlton If
that was the pistol. He replied 1t WAS.
THE WOUNDS.
The Doctor tnen went on to describe 10
the Jury the nature of the wounds. lie
probed the wound in the jaw and found
the bah had gone d0wnwards and back
wards. The wound IN the breast was above
theleft nipple. Either ofthem he consider
ed fatal.
WHAT Mr.. SCOTT HEARD.
+. w. Scott heard Mrs Marks ask Carleton
and ID. a. Marks TO assist in placing Bans
body in the cart. and Carleton said, " have
done all | could do"
Mr.. BURROWS TESTIMONY.
RE. Burton IS the brother of Mrs. Balm.
He was AT the store the morning OF the
homicide when DR.. Devaney came with
the note Phil. Brittle and Carleton Marks
were there and had some conversation;
Brittle then pulled ont pistol and handed
il 10 MARKS. saying this is the thing you
were talking 10 me about this morning
TO USE IT BEFORE NIGHT.
Carleton Marks replied: II is the very
thing ! want. expect 10 use 1t before
night. Witness then started for home aud
on the way heard two shots.
MRS. Balm or THE STAND.
At this stage Of tho trial all eyes were
riyeted upon Mrs. i. y. BAN, the widow
OF Nat. Balm, who WIS next conducted 20
the stand. Mrs. Balm il "a tall handsome
woman Of about twenty-eight years Of age.
She was dressed in deep black. and IN
answer 10 the many questions asked her
BY counsel on both sides dcmcaned herself
in such manner "a would do credit 10
any one under such trying ordeal
SHE TELLS THE TERRIBLE STORY.
She told Of the note and her belief in her
husbands innocence Of the charge pre-
ferred Of the sincerity Of their visit 70
Marks's 10 settle all the trouble rs neigh
bors and friends She described mnutely
the position of the parties, and declared
she did not know OF the presence OF Carrie;
ton Marks until the pistol cred. She heard
her husband exclaim, "Oh! Carleton
WHAT MS MOTHER SAID.
She took hold Of him to prevent him
shooting again. She heard Mrs. Marks say
| e. Carleton: IF you had listened TO me
/ all this would not have been" In word,
She described the bloody tragedy IN aqulet,
L.. ii. rrBfrh for her me
/ sympathy Of all present.
PEW MORE 70 BE HEARD.
There are only two or three more wit
nesses for the Commonwealth and at all
events the case cannot be prolonged more
/ than three or four days. The jury are
well provided for and seem not much
| yyearinl a vet