The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-09

on and On for about ten years. Be-
fore this occurrence saw McCabe
right after the Gre at Cumberland. m
met him there. Tho authorities at
Cumberland sent down there after him
Iii was couple Of weeks, maybe q
month after tie FIRE. We came down
here in 81. Mdcabe has a wife some
where, but don't know where. ] be-
lieve McCabe was lending bar the last
week he was there, meaning at Cum
berlands
The State then called as witness
Henry Fleming, who testified as toll
loxs 4 was acquainted wall Captain
MeCabe. Last saw him alive ID his
Tent Al the mouth If the Opequon. He
was III company With Wild, Barigis
and Grove. They were laughing, iok
ing, and fixing up a rig. twas on last
Thursday evening about sundown.
This was ID Berkeley county, W, Va
Mr. John Miller was there on Thurs
day in the afternoon some time. ! saw
them there AZ different times BY the
sound of their voices these gentlemen
we're down al tho river, somewhere
near the shore BY tlie same way of
recognitfoa, those two gentlemen
tpoinfing y Bartgis and Wild,) and
Mccahezgoi ii the boat 70 go up the.
river fishing In the course Of half an
hour thes came back, aud | heard them
calling 70 this gentleman pointing 70
Grove. that the old Captain had been
rocking the boat and trying 70 upset
them that one of them Ind snaiched
the or from him quickly and struck
him, and jumped OH aud pushed the
boat OF The next that know after
that, III the neighborhood of an hour
and half, this gentleman Grove
came in and spoke about d boat float
ing down the river. ! wasn't able to-
go was sick. These gentlemen wild,
Bartgis and Groves knew was sick
that length Of time. | told them !
couldn't 20 afterit. The man whotold
me Gtovel said he couldn't do such a
thing. John II. Miller during all this
night was laying alongside Of me. He.
appeared drowsy, and seemed very
stupid. Ny tent wasabont seven yards
from tile edge Of the water. ! could
tell BY fheir voices they were getting
further and further away. Something
was said about their coming back.
One Of them appeared timid. They
said something about him tMcCabe1l
rocking the boat, and that one Of them
struck him with the oar and threw it
back into the boat, and pushed the
boat baek into the water. Capt. Nc
Cabe was not in the habit Of fishing at
night, unless for special customers He
talked as though he would go out that
night never knew him to come in
without fish in the boat. The three
men left Friday evening at about 3
o'clock, Capt. Mccabe had not turn.
ed up then. We discussed his not com
ing wondered where he was. ! saw
McGabe after he was brought up. His
l.., 4 ,,,at. lH.,.ses1 =, 4 III, liz :, l,ErLt
ly scratched on the back Was with
him when examination Of his effects
was made, Sand he had four cents.
From our business communication he
should have had seven or eight dollars
Cross examination by defense: John
Miller brought the body up the river
Four cents were found after he was
brought mp the river by Miller. That
evening MsCabe was just in a joyful
disposition, lie was just drunk enough
to make him lively and exert himself.
Some men viii jolt and rock a boat
when they are IN that condition. !
| have often seen him as lively when he
didn't drink q drop. lie had been
drinking from the time thesemen came
there. was sick and not drunk.
There was good sense with Grove All
1.-THE time. II appeared to me these
young men had come there 70 have 4
good time Nothing unusual in their
coming there.
~ The State then called AZ a witness
DR. Lemaster, who had been called up
ION 10 diagnose the ease, and whot esti
lfed is follows found McCabe on
his back near the mouth Of the 0pe-
Iauon, laying under tree and covered
twitlla blanket, with face aud hands
scratched Turned HIM over on his
/ face. and found blood oozing from
baeksof head. Found i cut about two
Inches long. HeAwas very blue and
liyid 4,ack Of the head, neck and
shoulders Turning him back again
on his back found large bruiso
above the left hip, near HE abdomen,
withlarge clotof blood beneath Stoin-
Y ache was examined and nowater found
4 therein Very little mucns was found