The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1895-06-29
TREMBLING IN THE BALANCE.
IS THE FATE OF MUsGRAyE.
THE JURY OUT BUT NO INTlMATloN OF
What the Verdict Will Be--PubIic Opinion is Divided
But the Preponderanoe of Expression is that the
State Has Not Made out Its Case.

mental condition and they did so.
Drs. Dent and Maekey we're called
when she was sick. Her mind. was
poor in summer of "a, she had three
fits one day. She was having first
one when | got to the house She
was frothiag at the mouth and was
lying on the bed lounge. This was
while father was in Upshur county,
Roy and Lot we're at school and
John ct Mt Morris. | sent for a
doctor She was in a bad or
weakly condition mentally and
physically after fits. Did not know
what she was doing at the time and
she was in the same condition for
sometime afterwards. On the 10Th
of November, she got on the post and
rail fence under an apple tree in the
orchard She had an inch thick and
II foot long rope IN her hands it was
looped at both ends. He eoaxed her
to go to the house, she did not talk
much but In the orchard and at the
house cried She coaxed him not to
tell anybody about II. she promised
not to do it again aud he told her
he would not tell it. But his broth
er saw the rope and witness told
Roy about rope bat never told any
body else except his father since
his arrest and now TO the jury-not
even his counsel as he recollects.
Witness never said a short word 20
deceased and he never saw anybody
kick at her or shake her The morn
ing that he and his father and
brothers went to help his uncle
Thos. thresh wheat the hired girl.
Martha Zimmerman, was still in bed
when they left the house He went
to her room for his knife and saw
her in bed. Once when it was sleet-
ing and raining his father sent him
II miles to Mrs. Musgrave's people
to get her youngest daughter, be
cause bis stepmother desired her
there at his fathers house. When
witness started to go to the school
house the night deceased was found
in the creek she and his father were
laughing and talking. She was do
ing something and ne was sitting by
the fire There was no sign Of a
quarrel. When his father told him at
school house of her absence from
home he went home and looked in
the cellar, yard and grain house for
her and he and LeeRoy went to the
creek bat could not find her-and
then came back and looked in the
well for her. While standing in the
yard talking to Harley Smith and
two others somebody at creek yelled
that they had found her. Did not
know whether it was father, Lee Roy
or John-they had gone to lock for
her. Witness ran to the pool and
Lee Roy and John were bringing her
out Of the water and his father was
standing on the bank holding a Ian
tern. Her clothing was wet Wit
ness then went TO the house and got
quilt and afterwards a barrel. He
got the quilt before DR.. Brown got
there and John had gone after DR.
Dent before DR.. Brown got there at
creek Witness does not know who
took her to the house, and he did
not see the marks on her neck at the
creek as he did not think of looking
for marks on her neck. Her shoes
were in her bed room and the bed
looked as if it had been occupied
The limb of tree was about 10 feet,
he said, on cross examination, from
the fence, and the limbs were from 5
to 6 feet from the ground. When
Ida Stephens was there and his step
mother desired to send message
for doctor she gave him the money
to pay for it, and the next Sunday
took Ida home and the next day
borrowed one dollar and fifty cents
from his stepmothcr He and Lee
Roy went through the yard to the
creek to make search. The young
men who were with him in the yard
followed him to the creek. After
his stepmother was coaXed by him
to 90 into the house she cried for
over an hour and half and while
she talked he could not remem Der
the conversation, He went out Of
the house and came back and coaxed
her to retire.
E. c. Protzman Witness testified
that he recently photographed the
creek banks in the immediate neigh
borheod of the pool where Mrs.
Musgraye was discovered dead in
the creek, and that he had done 20
at the request and by direction of
the defendants attorneys. He ex-
hibited three pictures of same and
they were introduced in evidence
and shown to the jury. Witness ex
planned in detail the pictures, the
point where be stood when making
each picture, the direction he was
looking, the distance from the OBJ
iects. He testified, and the photo
graphs say so too, as an inspection
of same will prove. that the branch
es of the willow tree overhang the
pool and touch stones on bank,
and that there is one dead branch
that projects into the creek. He ex-
planned that there are about dozen
Jagged branches that spread in a
number of directions and that some
of them extend toward the water.
On cross examination witness stated
that he is some little near sighted,
The pictures created considerable
interest as the spreading of the
branches has been almost constantly
before the court since this case be-
gan.
John Musgrave: Am a son of the
defendant. Was at the school house
the night of her decease He locked
the school house and went home.
When he got there he heard that his
stepmother had disappeared and his
father told him to go back and ask
the people who had been at the Lit
erary Society to assist in searching