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

MdEtHGI SIT " - " Gil VI AQl~ IlG+
body was about 13 or Ia feet from
the shore. According to their testiA
mony the defendant, John and Roy
were excited at the pool when her
body was found, and neither Of them
remembered on the witness stand /
who halioood ',aint that her" in pool. f
John did not know whether it was
Roy or his father. The defendant /
did not know whether it was John /
or Roy and Roy did not remember I
but thought it was John who +
hallooed The defendant, John and /
Roy agree that they we're the only |
ones present when she was found !
in the pool and that they did not
| see anybody on the bank when she
was carried there from the pool.
though Thurman, another son, SAYS he
was on the bank when Roy and John
were bringing her up, that John had
gone for Doctor before DIR. Brown
came, and that Miss Zimmerman
was not in sight the morning they
went to the threshing at Thomas,
and they all knew Of her threats to
commit suicide, and of her having
had fits, and that she was treated
kindly and that she was talking and
laughing the evening of her death
and that there had been no quarrel
that day but everything was pleas
ant.
The defendant went on the wit
of
day. His cross examination was
concluded at IS 80. In substance
he testified: That on the day of
the death of his late wife he was
hauling hay and that he left home
early in the morning, accompanied
bv his son, Thurman, and that his
late wife was Just in front of the
wagon on her way to Miehaels; that
there was no convenient seat on the
wagon for her; that she returned
home in about an hour after his re-
turn, and that the family ate supper
together and that there was no quarl-
relling and everything was pleasant.
That in the evening Roy and Thur
man, his sons, went to the school
house and he, she saying that it
ought to be done, churned and got
water from the well with which to
wash it, but that it was not washed
until the next day by, he supposed,
his sister, Mrs. Mary Lynch. That
his wife took the butter to the eel
lar and that while he was emptyin2
the the butter milk she retired and
on the back side of the bed and that
be shortly thereafter retired and in
the same bed That they were talk
, ing pleasantly for short time when
che got out of the bed and went out,
in her night lclothes, on to the porch
and walked off Of it on the ground
, where she went. he supposed at the
time, to attend to the wants of ma
ture She was troubled with kidney
disease and he thought at Grst at
3 the time, that she was looking for a
chamber on the porch where it was
kept when it was not under the bed
} as it usually was When she left
| the room she did not speak to him
at all. The family generally used
E the garden or yard for that purpose
after night She had her stockings
, on, she always wore them at night
. and always wore her hair done up
: and never wore a night cap or night
t gown. He thought it rather cold
c for her to be out in such apparel and
= after she had been gone for about
twenty minutes he suspected that
| something might be wrong, know
: ing that her mind was at times weak
= and that she had threatened to get
t away with herself So he got up
t and dressed himself, stirred mp the
q fire and went to the porches and
!, called her name. She did not an
/ swer and he light the lantern and
e looked for her in the yard, grain
5 house and other out houses and not
finding her about the premises he
t went to the house again thinking
S she might have returned there.
0 He then went to the school house
and had VIM. Youst to tell some of
S his family to come out. Roy and
S Thurman came out and also his
d brother, Thomas, and they talked
d in regard to her disappearance. He
:, decided to notify the people there
: assembled, but his brother, Thomas s,
dissuaded him from so doing, saying
n it was not necessary as she might
D not have wandered far away and
). that they went to the house and that
Roy and Thurman took the lantern,
s as he had been informed, and search
n ed for her about the premises and
at the creek but to no avail and
s that when they returned from the
r creek they looked down the well the
s best they could with the lantern
e and let down the well bucket, think
ing that she might have drowned
V herself in it, That before Thurman
IS and Roy returned from their first
n search, his son John returned from
II the school house and when he and
e his brother Thomas were standing
e at his gate he told John to GO
It back and tell the people who had
e recently before come from the school
house that she had gone, and ask
= them TO assist in searching for her
e That John had done so, he said, and
s then he and John and Roy-did not
;. remember OF whose uggestion-con-
r. clnded to make another search al
It the creek and they did so, he carry
n ing the lantern all the time. That
1t the three just went to the creek
It where there is a pole crossing, he
e knowing that she sometimes crossed
d there and that she might have dons
!, so that night and fallen in the creek
n They walked close to the bank OF
e the creek and on the inside of the
1t fence, and he stated that Protzman's
S photographs of the surroundings are
d accurate. That they saw an object
d in the creek-could not say which
e one saw it first, or first called atten
it tion to it-and Roy stuck it with 6
d stick aud then waded out to it and
t raised it and told him and John that
n it was his wife. Roy hesitated about
n bringing it to the shore because he
It thought it contrary u the law tC
d handle a dead body before inquest
e but he and John told him to bring
n her in and he did so and at the shore
II he and John assisted Roy to place
} her ON the top of the bank of the
<. creek He assisted with one hand
6 had lantern in other one. Roy
it brought her to the shore; he laid hel
n down with her face downwards. He
found hor within ahnnf 10 foot M