The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-19
Mr.. Marks Resumes.

Mr.. Marks Resumes.
When court reconvened ut 10 o'clock
/. Mr.. Marks resumed the stand, and after
being questioned briefly by his counsel,
4 Mr.. Meredith, was turned over to Mr..
Ii Royal. who cross examined him at con-
* siderable length. Mr.. Marks denied that
he had ever said he would "fix Busby
yet
IN speaking Of Busby's affairs witness
said 1t was a well known fact as early
as May LIST that Busby had ov erbought,
y and was under that disa advantage.
Mr.. Royal questioned the witiaess close
concerning the letter the latter sent
out about Busby's affairs. and inquired
infinitely into every detail of the trans
action. He would not have Written the
letter except for the assura1 Ice OF his
counsel Mr.. Bloomberg, that 1t was all
right. He said If he was tied dp}in bust
ness he would be willing that any kind
of letter should be written his, creditors
to get him out Of a "scra pc. ' 3 l'{s,
AT this point Mr.. Royal asked for an
ite1nized account Of the witness against
Busby at the time the Marks letter was
sent out. and the books were sent for,
while the examination proceeded.
i t was only the deep interest and friend
& ship the witness felt for Busby that
4 moved him to write the letter and he
had the utmost confidence in wi hat Bloom
4 berg told him as to the benefits that
would accrue to the plaintiff from the
writing. #is5 ~ s5N II
Books Brought In.
the books Of Mr.. Marks now arrived,
land after the witness' was questioned
~ briefly concerning them he was excused
and Mr.. George l.. Fender assistant to
81 the presidentRof the American National
Il. Bank was put on. Mr. Fender was the
last witnes for the defendants. He testi-
i a., H. M l.
& inors about Busby's affairs and had seen
az a copy of the Marks letter. Ere had seen.
s.SStl,awson and the latter had said there was
+ no cause for alarm. This was Saturday,
n June 20th and Dawson had shown witness
a power of attorney giving him Dawson)
full authority to act for Busby.
Here witness identified the letter, and
lie went on to say that Dawson had as
sured him that there would be no trouble,
as Busby was perfectly solvent. Dawson
told witness he had heard nothing OF the
Marks letter at that time. and seemed
surprised when witness mentioned it. He
thought Dawson's attitude was that of
man loyal to Busby's interests.
Mr.. Royal now took the witness and
cross-examined him briefly. When Mr..
Pender was excused Mr.. Meredith read
the testimony of Mr.. Fl. G. Snton cash
Ter of the City Bank, which was given
ut the last trial
Mr.. A. l.. Lucas bGbtkeepfr for Busby,
was now put on by sE1f Royal in re-
buttal He was on tho stand but few
moments.
Messrs. A. A. Pettigrew and Leroy
Brown testified briefly in rebuttal, en-
phaszng some points hitherto brought
out by them. Mr.. Busby. the plaintiff,
was now recalled and was questioned
by the attorneys for both sides.
Vigorous Denials.
Z He swore he had never agreed with
Thalhe!mer in Baltimore not to sue
Marks, in consideration of securing
copy OF the Marks letter from Thalheimer,
as he had gone for the letter for the ex-
press purpose of bringing the pending suit.
Iockheim had told witness that man
who would write such a letter as Marks
had sent out concerning the plaintiff was
id rascal"
Witness said Dawson had protested ut u
ter ignorance of the Marks letter up to
the day on which the suit was filed. and
then he said that that Did Jew (mean-
ing ThalheimeD should never have let
the matter get out"
Witness denied that he had ever told
any one that he did not blame Marks for
writing the letter concerning his affairs,
and lie made sweeping denials of many
other things stated by witnesses for tho
defendants.
ii is claimed by tho defendants that
Thalheimer secured an agreement from
Busby that he would not sue Marks IL
lie was given copy OF the letter, This
Busby denies, and the defendants claim
that the agreement was destroyed by the
Baltimore fire, Busby swears on the
otler hand, that the desk In which the
paper was placed was not destroyed. and
that he has seen 1t In Thalheimer's Of
flee Ia baltimore since the fire.
Al 2 clock +. NJ the court took re-
cess until 10 o'clock Tomorrow, when
the examination OF witnesses will be com
peted and the argument gone into. 1t
rs understood that there are only a few
more witnesses IN rehuttal. and then the
question OF Instructions TO the jury VIII
come up II Is possible that the case may
he glsen TO me jury Tomorrow night.
-,-.