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

| OF defendant before Squire Staggers.
that Sarah A. Michael then sHore
that she believed that the marks on
the neck might have been made by
/ herself and also that she did not
know whether the edges Of deceased $
/ finger nails were trimmed square or
round; this testimony was given just
after Sarah A. Michael testified that
she did not SO testify before Squire
Staggers Witness Meredith also
testified that VIM Youst testified be
fore Squire Staggers that there were
two fords at the creek and that the
lower one was nearer to Snider's
than to Musgrave's, and that Youst
then testified that the noise he heard
at defendants sounded like boys
scutiiing, or somebody tearing down
rail pile or like horses kicking in
the stable. Mr.. Meredith stated shat
he was not sworn when be reported
the preliminary hearing and that he
did not read same to witnesses and
that he did not furnish the attorneys
for the state copy of his report and
that he was paid for same by an at
torney for the defendant.
DR. Brown, recalled: He testified
that he had said before Squire Stag
gers that it was possible that Mrs.
Musgrave made the abrasions ON her
neck and that he now says so, but
that there is great difference be
tween possibility and probability
He also stated at the time, and it is
true, that he thought she had breath
ed after she was submerged.
Witness Mary Lynch. Sister of
defendant The defendant treated
his wife all right so Ear as witness
saw. Witness produced in court
the clothes she wore; two pairs of
drawers, flannel skirt and a pair
of stockings. The waist was cut at
the shoulder Mrs. Layton, Mrs.
Michael and Mrs Edith Michael un,
dressed her. She was lying on the
floor when witness got to the house.
She tried to comb deceased's hair
but there were sticks in it and she
pinned it up to dry. The clothing
was hung up to dry and was washed
on Tuesday. Witness purchased
some Of defendants land for about
seventeen hundred dollars and un.
derstood that he wanted part of it
to use in his defense in this case
Witness VIM. Masters: Defend
ant treated his last wife nice-very
nice He knew them well and was
visitor at their house. She told him
on porch, in hearing of defendant,
that they treated her good and that
defendants sons helped her chuln,
milk and wash. Witness had talked
to f. NJ. Hess perhaps six times in
regard to this case, but did not know
Hess to be an agent of defendant
| Witness did not tell Peter Chalfant
that one of the Mnsgraves had given
him five dollars, but said that he had
borrowed that amount from John
Musgrave, to be credited when he
was paid for his attendance, that he
needed the money TO defray his ex-
penses here.
Witness A. S Brock, recalledi
Was member of the coroner's jury
that investigated the death of Bow
en- Stephens; Stephens committed
suicide by cutting his throat from
ear to ear with razor; that Steph-
ems was crazy at the time of the act
Witness w. B. Stewart, recalled !:
Thought deceased's mind was not
right because of her actions. She
talked incoherently-stoped talking
in the middle of sentences, and would
peep round the house like children
do when playing hide and seek; she
walked round and round in circle
on the porch, she rolled up her eyes,
looked wild and stared She looked
in the direction of the creek often
and there was nothing that way of a
serious kind at which to look. Wit
ness so saw her about the 18th of
last October. When he went home
that evening he told members of the
family of his opinion Of her IN
balanced mental condition. Witness
has not taken any material interest
in this case and does not know that
his father has done so, and does not
know that his father endeavored to
get father of deceased woman to
abandon the prosecution of this case.
ID. n. Musgrave: Reside in Mar
ion county, W. Va. In May, 1894
he and brother were riding near
GAINESVILLE in vehicle little ahead
of wagon in which were defendant
and his wife and several others. The
defendants horses became frighten-
ed and he jumped out and went to
the horses heads, and about the same
time she jumped out of the wagon
on the upper side. She was not in
good physical condition to so
jump, l thought 1t was about 3
o'clock in the afternoon and defen-
dant was driving towards home from
Fairmont.
Witness S. c. Musgrave: A broth
er. He sent a telegram to her peo-
Pile in regard to her death and thinks
that he sent it to her father. He did
so because so instructed by defen-
dant.
Witness Robert Brock: Brother
in-law. He was at the pool Dec. 10,
and examined the willow tree there.
The branches extended TO the rip
rapping or lower. There were no
leaves on it. There were jagged and
dead branches extending in various
directions. The tree was 5 to 10
inches in diameter, but did not
measure it. There was from to 6
inches of water on the rifle when be
was there The defendant attended
to his affairs up until his arrest and
did not concea! himself or make any
effort to leave the country.
Capt D. NJ. Camp He was
member of the coroner's jury that
held the inquest on the body OF Mrs
Musgrave. DR.. Brown was not sum
moned before the jury. DR.. Few was
there and made statement. Both
Squire Arnett and Dr. Few signed
the verdict which was drowning
means unknown" that is the mean
ing and intent of it. He signed the
verdict.
On cross examination he stated
that the verdict may read she came
to her death by drowning and
means unknown. Witness is re-
lated to some of the Musgraves, if to
defendant the relationship is very
distant.
Thurman Musgrave; The oldest