The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1895-06-29

uSieuuhut al way - Wien ne saw eueln
treated his wife kindly.
Witness Gouldy Kerns He was
well acquainted with deceased and
knew the defendant well. The de
PENDANT was good to her-neyer
abused her to his knowledge
Witness f. j. Brock: He has
clerked for over two years in J. A.
Hoods store in Louisville, this coun-
". The defendant and his wife
/ traded at the store Sometimes they
came together TO the store and some
times only one of them came. Once
when they came he helped her out
of the wagon and she came into the
store and he went to the mill and
did not come to the store for some
time Before he got back she had
made some purchases and among
the things a dress, of the same pat
tern as the sample shown witness on
the witness stand. She brought mar
keting to store and traded same, but
there was a balance due on dress and
defendant paid same in cash and
insisted that she take pair of cloth
overshoes and she then did so and
he paid for same. When they came
to the store the defendant treated
her the same as other husbands treat
their wives who come He was kind
to her, and he was liberal dealer
and buyer
Witness Frank Feather; Was at
the creek when Roy Musgraye had
hold of Mrs Musgrave by the arms
and was dragging her out Of the
creek Roy was then in about the
middle of the pool When Roy got
her to the edge Of the creek his
brother John helped to put her on
the bank of the creek Columbus
Glrsseoek, Columbus Michael,
Charles Glasscock and | assisted in
getting her to the house. The water
in the pool was about to the top Of
Roy's boot tops The defendant was
holding a lantern at the pool Saw
the red marks ON her neck at the
house. Roy and John and the de
PENDANT were in front of the house.
Roy and John and defendant went
toward the creek. When heard of
her being found VIM. Hess, Charles
Smith and / went to the creek. Dr.
Brown soon got there and he tried to
bring her to, he pressed ON her
breast, turned her on her face and
used other means She had a skirt
on but do not know whether it was
fastened at the waist Did not no
tice that anybody put any thing on
her face while she was lying on her
face on the bank of the creek.
Cross examined: Saw water come
out of her mouth when she was lying
on her face and also when she was
being rolled on the barrel, but do
not know how much water He did
not see defendant in the creek nor
his clothes wet, but he was on the
bank holding the lantern and was
holding it there when witness got to
the creek. When he heard somebody
halloe that she had been found he
thought that it was Mr.. Musgraves
voice. Roy was four or five feet be
low the rifle when he was dragging
her out of the creek
Witness W. b. Stewart: When
he went with county surveyor Brand
to assist the latter to make a survey
Of the creek at the pool, Mr. Asabel
Snider positively refused to permit
them TO go upon his land for that
purpose and he told lawyer Ralph
snyder that he would not have per
mitted Prof. j. L. Johnston to do so
had he been at home when the latter
made survey Of same. Witness
saw Mrs. Musgrave in October last
in front of her home. Judging by
her talk and acts, she rolled her eyes
stopped talking in the middle of a
sentence, he was convinced that
she was then mentally unbalanced
and that her condition was such that
she might do very rash act When
he went to his home that evening he
expressed his opinion there, and did
not mention the subject again until
lawyer Ralphsnyder inquired of him
as to it some days ago, The defen
dants treatment of her, according
to witness observation, was CON
mendable and kind. Cross examined:
Not an expert as to the mind. Wit
ness did not hear deceased make
any complaint, nor see her have fits
He was at Musgrave's in October to
see about some cattle that his father
desired to buy.
Witness A S, Brock: In October
last Mr.. Musgrave went to witness
house and got him to see whether
his wife would return to him at their
home. Witness saw her and she re
turned later. When defendant heard
the report that she intended to stay
away from him, he shed tears in the
presence of witness. He seemed anx
ious to get her to go back. Witness
visited at their home and defendant
treated her kindly. Cross examined;
Am brother-in law of defendant.
Witness Jonathan Delaney: Lived
and worked for Mrs. Musgrave's
first husband year in 1877, and
off and on until in 1884 She was
not shrewd woman-not smart
woman. She appeared to be disa-
greeable and once saw her throw in
to the fire her husbands collars.
Cross exemined: Witness did
not consider her insane but consid-
cred only that she was not a woman
of a high order of intelligence
There is testimony that there was
no mucus froth seen in the mouth of
the woman when she was taken out
of the water. 1t was the opinion of
some of the physicians who testified
that the absence OF such mucus is
inconsistent with the theory of
drowning. All the physicians Stated
that self manual straagulation is inn
possible.
Nearly all the witnesses from the
country were asked in regard 10 the
position OF willow tree that grows
on the bank at the pool in the creek
where Mrs. Musgrave was found
dead, and also as to its shape and
size, whether its branches overlapped
the pool and whether any Of same
touched the water or penetrated it.
There was great difference Of opin
ion among the witnesses unon this