Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-06-13
MARKS-BAIN CASE.
JUDGE HANcocKs DECISION REFu-
SING A NEW TRIAL.
Every objection Made by Counsel Over
raled-~An Appeal Go the supreme
court.-Patnful Accidents.

fcorrespondeuce Of the Richmond Dlepa tch.l
PxrrRsnuRa, Va, June 12.--Judge b. A.
Hancock to-day delivered his opinion in
the case OF Carleton II. Marks, who was
lately convicted in tho County Court of
Brownsville for tho killing OF N. III. BAN.
and who appealed 10 the Circuit Court for
a new trial. The petitioners appeal
raised six objections TO the finding Of the
County Court, which were oyerruled in
detail, as follows:
1. THAT the Court erred in refusing
10 allow the father of the accused 90 re-
main IN court dGing the trial, and requiring
him 20 be excluded with the other witnesses"
NOT AN ERROR.
On this point the Court held that the pr lsoner
was man OF fun age, ana had had ample op-
portunity 20 prepare for his defence. having
been out on BAH for eight months prior 70 tho
trial. IL Was not error, therefore, 10 exclude
2. "That the Court erred In refusing 20 require
the Commonwealth 20 introduce and examine,
on its own behalf all tho witnesses OF the hoinl-
eide"
NOT rREJUDICED.
On this point tho Court bold that the trial court
should have called all Of the witnesses Of the
homicide who had not been introduced and OK
amined by the Commonwealth Attorney when
its attention called 20 tho fact that there was
such other witnesses. The Court could not COM
pel the Commonwealth 10 Introduce and exam
Inc them, but should have allowed either party
q examine, cross-exanine, and impeach the
witnesses II 40 advised. The Court held, how
ever, that inRsmuch as these witnesses had been
introduced and examined by the prisoner AZ the
first trial, and were also introduced and exam
incd by him at this trial, and had all testified
strongly in his favor, tho failure Of tho Court 70
call these witnesses did not prejudice the prison.
or, ana Is not SUFFICIENT ground 70 set aside tho
verdict.
3, That the Court erred in allowing the conn
eel who assisted the Commemorative Attorney
70 mako the closing argument In the case
THE CLOSING ARGUMENT.
On this point the Court held that counsel en-
ployed by the family OF the deceased may assist
the attorney prosecuting for the state, ana WITH
the consent OF the Commemorative Attorney ana
the concurrence OF the Court may mhke the
closing argument in the case. - T..
A. THAT the verdict was defective in that II
failed 20 md whether the prisoner was guilty. OF
murder In the first or second degree as required
by the statute; and also because the verdict
failed 20 say whether he was guilty Of murder or
not NECESSARY.
On this point the Court held that IL IL not ne
cessary where there has been n conviction OF
murder In the second degree (Which has been set
aside on appeal that In second trlal on the
same Indictment the verdict shall distinguish be-
tween murder In the first and second degree
the statute Code, sections 4O-4ll not applying
in such cases; the former verdict having acquit-
3. "That the Court erred In allowing the Com
rnonwealth 10 introduce testimony 20 tmpeach
witness introduced by the defence on an alleged
immaterial matter brought out on cross-e4ami-
nation
ALL DECIDED AGAINST.
On this point the Court decided that the mat
ter alleged was not OF such character as 10 pre-
vent the Commonwealth from contradictng the
witness with reference thereto.
O. "Becauso the verdict was contrary 10 the law
and evidence
ON this point the Court held that the verdict
was not so clearly contrary 10 the evidence as 70
Justify the Court In setting IL aside.
Judge HancOck's opinion enlarged In detail
upon the exceptions, and showed great care Ia
Counsel for Marks gave notice Of an appeal to
the Supreme Court.
OFFICERS ELECTED.
At the annual meeting Of Powhatan Starke
Lodge. No. 1914, Of MasOns held last night, the
following officers were elected w. ID. MoTiss,
worshipful master; Thomas +. Knock, senior
warden; X. T. Campbell, JUNIOR warden; l.. l..
Marks, secretary; William II. Scott, treasurer;
John u. Bland, senior deacon; James Murhead,
Junior deacon. These officers Will be installed on
the Gath Of June CSt. Johns night
PAINFUL ACCIDENTS.
Mrs. Cribb widow from North Carolina, fell
through the hatchway at Nenablos factory yes
terday, where she was employed. She was quite
badly hurt, though no bones we're broken.
Master TOmmie Taylor, son Of Mr.. Emmett
Taylor, fell from shed on Harrison street to-
day and broke one Of his arms.
IL Is rumOred that NJ. Levy Co. have pur-
chased the Battersea cotton-factory property for
$4,000.