Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-11
A MURDER MYSTERY
TO COME UP BEFORE TEE SUPREME COURT
TO-DAY.
The Murder Of Jacob Morgan, IN Tyler County, II
May 1885, to Be Reviewed on
Writ Of Error

come up for argument in the Supreme
Court of Appeals this morning, its title
being the State of West Virginia ".
Mary Jane Morgan, who was convicted
in the Circuit Court of Tyler county, on
the 18th of September, 1890, and SEN
fenced to be confined in the peniten-
tiary for life, for completely in the muir
der of her husband, on the evening OF
May 7, 1888, at the home of the family,
in Tyler county. An indictment was
found against the defendant at the De-
cember, 1889, term Of the Tyler Circuit
Court, and the case came to trial at the
August, 1890, term, and verdict
of murder in the first degree was re-
turned, the jury directing that the
punishment be confinement in the peni-
Tertiary, and she was accordingly SEN
fenced to life Imprisonment. The case
comes to the Supreme Court upon writ
of error, the exceptions being that a
certain witness was not required to take
his place with the other witnesses for
the State. at the request of counsel for
the defense: that the Court refused to
recognize the peremptory challenge of
Juror by the defense; that the Court
refused to have the witnesses for the
State separated, but allowed them
to remain in the Court room
at their pleasure; that the
Court erred in admitting as evidence
certain statements made by the defend
ant in her sleep; and that the Court
erred in not excluding certain evidence
given in behalf of the State, and as re-
CARDS exclusion of certain Instructions
asked by the defense, and other matters
deemed pertinent by the defense. The
case has attracted wide interest
throughout the river counties, both by
reason of the atrociouS nature OF the
crime, as well as by the great mystery
surrounding it, and the apparent alb
sence of any sufficient motive.
The circumstances of the crime seem
TO have been about as follows:
On the evening of May eth, 1888,
Jacob Morgan, the murdered man, who
had been absent from home, rode up on
horseback, put his horse away, and
came up to the house, where he found
his wife milking. He stopped at the
wood pile, gathered up an arm full OF
wood, and entered the house, where the
supper table was awaiting, and in a
short time the family, consisting OF
Morgan, his wife, and a grand-daught-
er, sat down to supper. While the
meal was in progress the house dog
was heard barking outside, and Mrs.
Morgan called her husbands attention
10 il. and said something about making
the dog stop, saying she supposed IL
was Charles Tabler who was coming
to see about blowing piece OF
ground. Mr.. Morgan did not go out
Immediately, saying he did not think
the dog would bite him, when his wife
said: "Well if you won't go out, |
suppose I'll have to-" Morgan then got
up and went out Of the door, where
Mrs. Morgan heard subdued CONVEX
sation. In a few moments strange
man came in, and as he did so, Morgan
appeared in the door, and put stone
against it to keep it open, as 1T mad a
tendency to swing shut. While he was
doing this the strange man walked
partially across the room, and to the
vicinity of the stove. Morgan said:
'Sit down-can't you find chair?' to
which the stranger replied: sit down
Yourself" Morgan said he was in his
own house, and didn't have TO. The
stranger had asked for supper for
three. and Morgan said he guessed they
could get it. Then the stranger, when
Morgan said he didn't have TO take a
seat in his own house, sprang upon
Morgan and leveled revolver at him.
Morgan knocked the pistol up and the
ball entered the ceiling. The two men
then clinched, and Morgan was appar-
emily getting the better of his unknown
antagonist. when a second man en-
tered the room, while Mrs. Nor
gan and the granddaughter were
looking on, Mortified spectators OF
the onslaught, and as Morgan was par
tiallv living over the edge of the bed,
engaged in struggle, the second
stranger began to deliberately cut his
throat with a knife. The flrst man
then got his revolver around ana shot
Morgan. and the second stranger also
stabbed him in the side. Mrs Morgan
ran out of the house and called for help,
and a neighbor named Carmichael and
others responded, but it was more than
an hour before anyone entered the
house, when they found Morgan par
italy kneelng by and partially lying on
/ the bed, dead.
Six months after the murder bloody
| knife and undershirt were found In the
| garrett of the Morgan house, by Charles
| Gale. A revolver was also found there.
/ At the trial House Collins testified that
Mrs Morgan had told him that the tall
man, who came in with the knife and
cut Morgan's throat, had been there
few DAYS before to borrow some money,
and that his name was Addleberger.
The same witness also said Mrs. Nor
gan told him she knew her husband
was going to be killed, from dream
she had had. A significant admission
was made by Charles Tabler, in his
cross examination. He was subject TO
a very searching cross examination by
counsel for defense, and at the end was
asked:
Ibid you go to Sunday school before
Won committed the murder? Ayes,
sir"
Witness afterward said, 10 counsel for
the State, that he had nothing to dc
! 49, ~ hn N rHn