Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-09-03

St6 v" 'f4fNhs MOUNTAIN, on winch occa9lon
she was dreadfully injured, ssd her recovery
was = long time doubtful HIS connecuon with
3 lewd woman, named Rachael Cunningham,
was next given in evidence, his acquaintance
with her commencing in August or September.
1877, Immediately previous TO his ele elton -
On That occasion he took tAis woman 10 a camp
meeting in Washington county, in . barouche
The nature OF his intercourse with this woman,
was then proved, the testimony consisting
CHIEFLY oil his own conversations eith different
INDIVIDUALS at dIffereRt tines. From those, il
appeared, that he built q house in Hsgerss own,
INTO which she was put-thst he visited her
here, openly and dsily-,hSt the Indignation of
the public arose on one occasion TO such a height
asto threaten'a mob for the purpose of pulling
down his housc--tbat be armed himself on the
occasion and threatened 10 kill the first mao
who approsched-tbat he then sen, her of TO
Virginia, where he occasionally paid her visits.
aha ultimately removed her to the farm which
the held IN right OF bis VIE, in Allegany county.
II was proved also that his wife l~ft him in
consequence of his connection with Rachael
Cunningham, and in q short time sfte ards
consented TO come back snd live with hin, 4,
being understood that his intercourse with his
psramouF was entirely broken off. lie hen
made promises to his friends Of a reformation
IN his lite and habits, add for a time WAS seen
waking out with has wife and conducting him
self tewards her as became q husband.
ihe iacts Immediately Connected with the
death were ihen proved and were az foIIaws.-
ihathe iett Cumberland on Sundsy,in company
With his wife, and proceeded AZ far =, Mrs,
Peggy Cresap's, and left the road when the,
arrived opposite his firm. At this point he wa,
met by a drove of cattle, at The head of Which
was young Hillary, who swore that he saw the
accused and his wife leave The road. he riding
before and carrying The child and she following
al a short distance. 1t the distance of about
tive hundred yards from the path where they
turned off, they reached toe foot OF a steep hill
Wnen he got Gown, hitched his ewn horse. and
put down his child. That be then took Mis-
wife's horse by the bride, and led him mn thehii,.
at which point young HILLARY lost sigh, sflhem
When the drove had proceeded about three
fourths OF a mile, Swearingen overlook il, ri.
ding at moderate gait. with his child in his
arms. lie asked the drover his name and
where he was from. After which he told him
that his wife had been thrown from her horse.
that he was afraid she was dead, and wished
him to take his horse and ride TO Cresap Town
and send Robert Kile to him immediately
Which the drever did.
When lie came to the grsunl he wa. shou,
passing the road leading to S~wearineen,s farm.
when he heard a whistle, and looking in that
direction, saw the accused sitting by the dead
hedy. She was lying on the side sfthis by.road
about a hundred yards iron the main road and
about a quarter of a mile from the place where
according to die statement OF the accused the
horse fell with her.
A Coroner's Inquest was held the next d,y.
which determ med that she cam. 10 her dsatb
by an act OF Providence The death happened
on Monday. The grounds were explored on
"Wednesday. by several persons, who
ed their examinations al the point where Young
HILLARY lost sight OF the accused.
this place il Yves supposed he left the road.
and The track OF a horse was traced by some
persons through a laurel thlcket, over the hull.
Coming out into the road where the Corpse Law.
about fifty yards above he Place. They disco.
vered also 5 place by the SIDE of q log, where
the leaves had been Pressed down, forming a
hollow IN the leaves. On the log was a stone.
At a little distance they discev cred where
horse bad been hitched,a little further a club
apparently cut in q hurry. The leaves of the
bushes in the direction of the track were spot.
ted, as some of the witnesses thought, With
blood. On this subject there was some contra.
riety in the evidence. Some Of the witnesses
did not think they were the tracks of q horse.
and one thought there were no tracks at AL
fAh~ ~pV atDRtSk tue "
es about the appearances in the woods, some
thinking that all of them were natural sppesr.
anoes TO be found az all times in the woods.
The accounts given by the accused were
very contradictory. He said to all that she was
killed by her horse falling with her in the main
road. but to some he stated that she was killed
dead, TO others that she was killed by falling
from the horse after he had put her on fer the
purpose OF taking her TO some piece OF safety.
To some be said she fell when the drove came
IN view, IN others tina, the lsst of the drove was
just getting out of sight when she fell.
A End inquest was assembled on Thursdsy
night This body was disinterred and examined
by physicians, who at first thought that from
the putrescent state Of the body, it was impos.
sible to assign the cause of her death, and gave
such an opinion in writing to the inquest They
afterwards came to the conclusion that her
death was occasioned by suffoca;ion. There
was also a difference of opinion among the ply.
sicians exsmir ed. One ofthem glyiag il as his
decided opinlsn that no judgment could be
formed as to whether she was killed by SUITE
cation or not, without an examination Of the
lungs and brain, neither of which we're seen by
the examining h y~sicisns. the eihers thinking
thstthe swslen and tuFgescent state of the neck
and face sufficiently indicated q death by sufio.
cation
HIS fight was proved to have taken place
Immediately after the second inquest vas son-
vened and alter = summonse vas issued for him
by the Coroner.
II wrs proved that the knees of the horse
we're injured. and several witnesses swore
positively that the injuries were not occasioned
by the herse's falling, but were cut with q knife
or some sharp instrument
During the argument. and while the last Of