The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1894-04-07
WAGAMAN AND CARBAUGH
RELEASED.

The Gettysburg Pa, star and Sentinel OF April J.
says:
Adam Carbaugh and Philip wagaman, charged
with the murder of Jacob Wagaman, were discharg-
ed on a writ of habeas corpus on Wednesday. The
hearing began Tuesday morning and was concluded
the next day. when the Court determined that there
was not sufficient evidence 10 hold the prisoners
and that they should be given their freedom,
The first information in this case was made by
Augustus Baker against Albert wagaman charging
him with being an accessory after the fact Albert
was arrested and that same day made information
against Adam Carbaugh and Philip Wagaman,
charging them with numbering Jacob.
At the hearing Albert Wagaman was put upon
the stand and insisted that the facts contained in
his information were true The other witnesses for
the Commonwealth were Levi Martin and George
Carbaugh. They testified that on Monday morning
(the murder occurring on Sunday between ! and s
O'Clock they saw Carbaugh going toward Mt Alto
from Cold Spring.
The defence called George Kaufman and George
wagaman, who testified that Martin and George
Carbaugh had told them they met man that
looked like Carbaugh, but they were not certain
who it was.
Isaac Carbaugh testified that he went along the
road dressed as Adam Carbaugh was described TO
have been dressed at the very moment the Com
monwealth's two witnesses saw the man, and he
did not see Adam Carbaugh.
Albert said Carbaugh was at Philip wagamans
on the Saturday previous to the murder All the de-
PENDANTS witnesses testified that Carbaugh had not
been seen heard of on Saturday or Sunday or
Monday. About twenty witnesses testified that Albert
had told them since he arrested, that the
prisoners innocent; that he had not seen them;
that he had been induced TO swear to his story by
Gus Baker and henry Peters, and that he was
a A, ,-I,,, 10, ;,,E,
Adam Muttersbaugh, wealthy farmer, living
near Chambersburg and Is miles from the scene of
the murder. testified that his book showed that
Carbaugh worked for him until O'Clock Saturday
and took breakfast before sunrise with him Mon
day morning and worked there all day. Harry
IIillman worked with Carbaugh all day Monday
and so testified. Catbarine Gilman. Carbaughs
mother testified that Carbaugh was at her store in
Chambersburg at IL O'Clock Saturday night and
took her out to his home where she stayed all day
Sunday, and took her back Sunday night
At least eight witnesses testified that Philip Waga-
man was out fishing with two of his children at the
time of the murder.
CARBAUGHs WIFE TESTIFIEs.
Carbaugh's wife, a sister of Albert Wagaman,
testified that Albert to her house last october
and helped her to pare apples for apple butter.
She said: Il would like to know who killed Jacob
that l did it," sunday morning Jacob went down
to get shaved and get his hair cut and began fuss
ing with Albert because he had not carried out n
load of bark on Saturday. he promised, for mend
ing wagon wheel on the previous Wednesday.
They cursed each other and Albert knocked Jacob
down with his fist, jumped on him and choked
him Sarah was standing by and Albert said He
won't come to-" sarah said an go and get the
camphor bottle" She got it, rubbed il under his
nose. but with no effect. They wrapped him in a
blanket and carried him TO the spring house and
poured water on him. They left him there all day,
locked the door and stuffed the cracks with rags
and leaves. That night after the rain, Sarah and
Albert carried the body to the place where it was
found. They tipped the hat back on the head,
put one leg under the other, put one hand across
his breast and stretched the other QUITO effect a
natural position. That was the way the body was
found. Mrs. Carbaugh has not been over home
for year and the only member of her family she
has seen in that time. is Albert.
4 suspicious circumstance is, that within Il week
after Jacob was killed. the spring house which had
been standing for years was torn down.
In the face of such testimony Alfred asked TO go
on the stand Wednesday morning, and confessed
that his original story lie. He was Aen ar
rested for perjury and will be indicted for murder,
accessory after the fact and perjury. His sister,
Sarah Wagaman, is also in Jail charged with being
an accessory after the fact.
SARAH IMPLICATED.
William Wagaman a son of the dead man, Is
years old, testified that he, Ed Barnes and his
father were near the barn Sunday morning, June
18th between and o'clock. His father on
the fence near the road and Sarah Wagaman came
down the road and she stopped and talked with his
father He asked five were going away and told
us TO give the horse mash feed, that he going
TO cut some grass for the calf He took neither
sickle, seythe bag. They went down the
mountain and got back about dinner time, but his
father had not returned. He lay down and slept.
In the evening he went down to Albert Wagaman's.
Philip, Sarah and their mother were there. He
asked they had seen anything of bis father and
they replied in the negative Then Sarah said (:
Willie. you viii fluid your father dead upon the
hill near the big road-he had stroke. Now mark
it if my words don't come true. You will find him
upon the hill near the big road in the thicket"
In the morning he went down TO Alberts again.
Saw Sarah and asked If his father had come around
there in the night. She said she would help him
hunt his father. She took him up the hill along
the road and when they were top of the hill, she
said Now we will begin here" They started to
hunt on the west side of the road and made a semi
circle. she between him and the road. They did
not find the body there and went to the other side
of the road. She started in the direction of the
body and when within ten feet of it, she said she
was afraid of snakes and made the boy go first.