The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-08-09
THE PRISONERS APPEAR IN. JUSTICE
IIARRISON'S COrRT.
BOTH SIDES ABLY REPRESENTED.
80 EVIDENCE WAS PRODUCED ~ BEHALF
OF THE PRISONERS GROVE RELEASED,
WILD AND BARTGIs HELD.

Virginia vs.. John Bartgis, Edward
wildand WIN. Grove, before Justice T.
Il. Harrison. was held in the court.
room yesterday morning At 10 o'clock.
Long before lie hour the room was lii
orally packed With people from both
town and county, 50 that i was iInpos
sible for any one to get in. The three
prisoners were brought in by Jailor
Elliott and Sheriff yanmetrc Short
Ily afterward III s. g Pitzer, Esas
Prosecuting Attorney, arid Charles A..
Little, Esq, States Attorney fer Wash
ington county, Nd, appeared for The
State, and Hon. S. ". Walker for the
prisoners.
Justice Harrison called MP the ease.
and tho defense entered a plea of moi
guilty, after which all tle witnesses
we're sworn and excluded from the
room. The State. then called as d wit
ness John Miller, who testified ~ f9l-
lows g | resided during the past tif7
teen dsysat the monthof the Opcqnon.
My native home is in Cumberland. DO
not know what county this is. On or
about the 4th Of 9Th day of August,
1903, ] discovered Charles McGabe's
body in boat. II was about mile
from 2 Locks on the Virginia side,
and tho body was laying on is stom-
aeh, with the head and shoulders over
the side and 'unler the water. took
the boat over TO the Maryland side,
where he was from. The boat WHEN
found was right up close TO the bank,
the brush holding it. His head lay to-
wards the bank. Position Of rest Of
body in boat was like ON his knees.
Body was in the boat near the oar
locks. Boat was about / miles from
where the tent was. Bow q boat was
out in the river, with one car in the
bottom and the other fastened in oar
Jock. The blade was towards the shore,
the way the beat laid | did not ext
anime the body. | caught him by the
back Of the neck by lis shirt collar.
Saw some few scratches on his fore.
head, Did not examine any portion
of the body or boat Nothing was in
the beat excepting tin cup and an
oyster can Positive there was no FISH
III the boat The appearance Of the
mans face was that Of a dark or pur-
/ ple.s | was there at the fishing party
but not member. | saw McCabelast
Thursday evening. He was drunk
when saw him | was drunk too.
Witness then identified Grove, Bart
gis and Wild rs being there.) The
three men identified were in 4 good
humor about betwiXt and between be
ing drunk. The last time ! saw them
they were alone. McCabe was Out Of
sight lie was drowned. | saw them
the last time before McCabewas drown
ed on Thursday They were IN the
tent. About that time he tMeCabe,l
was fixing to go fishing, ] saw McCabe
start up stream was drunk and laid
down. The body found was that Of
Captain Charles MeCabe. ! have
known him off and on l"twenty years,
Cross examination for the defense ;
/ +" came down here last winter about
| New Year, before the Cumberland fire.
The neighbors around get newspapers,
and generally get them ola Sunday.
Sometime get newspapers from John
Henry Lemaster. Got them lastwint-
er. Couldn't tel you when went
back to Cumberland. ! 90 every now
and then have no regular time for 90
ing. / rented 4 house The 20th or 2lst
\ day Of March, and moved right there
then. IL made statement ! was
/ there fifteen daysl am wrong, ~ I've
been there since March Last NCl
nesday night | Was at the tent | he
lleyo know the three mon (mcaning
Bartgis, IshB aud GroveJ by sight.
/ ] don't know their names Did not OF
der McCabe to ante up part Of the Sl0e
lie got for firing Cumberland ] did
mot 90 back 70 Cumberland with Mc-
fCabe, when lie was taken backon q
warrant for firing Cumberland. Hi,
4 custom was TO 90 ont often ~ night
1 fishing. Sometimes he returned earlier
than others. couldn't see any mark.
of violence about the boat, If there
were Did not notice a mark about
Il the oars 81 boat. II there had beer
any marks think ! should have seer
4 them The boat WAS probably foul
Or five inches above the water III,
laid, with his stomach across the sid,
Of the boat his head, arms and should
ers were nnder the water. He was cl0st
to the oar lock on one side. There wa
no room by the oar locks without get
h ting on him Bank Of rivGr along d
Bthe Virginia side IL rocks ! woult
Judge McCabe weighed about 40 lbs
, ~ ts55