The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1897-11-17
MoRGANTowN
new TRIAL FOR MUSGRAYE.
The Supreme Court So De-
cides.

/ The Supreme Court So De.
/ cides.
After Years of Waiting David MusgraY,
is to be given another Chance for tli,
Life and Liberty decision Handed
down Yesterday The Prisoner yery
happy over the turn events have a.
ken--he claims his Innocence and
hopes to be free--A Review Of the
Case.
David Musgrave gets a new trial
Sentenced to Imprisonment for life
he has quietly fought the case to
the last and on a second appeal &c
the Supreme court the petition was
granted.
The opinion is rendered by Judge
English and the circuit court is re-
versed and a new trial awarded. The
first time the case was laid before
the court it ruled dverseiy on every
point raised but the court was di-
yided and Judge Dent dissented Wig
orously. Since then new member
has been added to the court in the
person OF Judge eWhorter. As
the court first stood two Tor confif-
nation and two for reversal it is sup
posed that McWhorter decided for
Musgrave.
The news was entirely unexpect
ed here although there were some
grounds to believe that this action
would be taken. The length of time
which has elapsed since the matter
got into court has helped Musgraye
in many respects. Many people were
d satisfied with the results of the
trial and are not sorry that for a
second time it must come up in the
circuit co 1T for Judgment.
During the progress of the case
Musgrave has been defended by a
very able array OF counsel. Hon
Geo. c. Sturgiss, Hon. Joseph More
land, Judge Okey johnson. L. V
keck, ) F. Glasscock and Messrs.
|. e. and G Ralphsnyder assisted
in the case. The state has been rep
resented by Prosecuting attorney
Geo. e. Baker, Hon. Frank Cox, Col
X. f. Fast and prosecutor | G. Laz-
zelle.
THE CRIME.
The crime for which he stood con
victed and for which he was to have
spent the remaining years of his life
apart from his fellow creatures like
a dangerous wild beast took place
if any was committed on the night
of December 18th, 1894, nearly three
years ago.
Musgraye was living with his wife
Emeline, at her home on Indian
creek, about three miles above Ar
nettsville, this county. About 9
O'Clock 2. NJ. Musgrave went to
school house near by, whore a litera-
ry society was holding a session,
and which his two sons were attend
ing, and told those present that his
wife had gotten up out of bed and
clothed only in her night robe had
wandered off A searching party
was at once organized and some time
afterward the lifeless body of Mrs.
Musgrave was found in about Is
inches of water in Indian creek,
which flows near the house in which
she resided
There were scratches on the threat
of Mrs. Musgrave and marks that
caused neighbors to suspect that she
had met with foul play and their
suspicious were further aroused
when the doctors who were called
said that there was but little water
in her stomach, not sufficient to car
ry out the theory that she committed
suicide by drowning
Musgrave it is claimed showed no
regret whatever at his wife's fate
and shortly after her death feeling
ran so high and circumsfance s point
ed so strongly to him as her muir,
derer that he was arrested and
brought to Morgantown and given
preliminary trial before Justice H
Staggers and after the evidence pro
and con was heard he was held for
indictment, the Justice deciding
there was probably cause sufficient
to hold him for the offense charged,
and on the 18th of Feb, 1895, the
Grand jurors at that term of the
Circuit Court found true bill
against him for the murder of his
wife, and on the 18th of March, 1895,
in vacation. the defendant was
brought before the court motion
and notice to grant bail to the de-
PENDANT and the Judge heard the ar-
plication and remanded the defen-
dant to Jail and at the next June
term, '95, the case was tried and the
jury after a two weeks trial found
the defendant guilty in the following
language"
We, the jury, find the defendant,
David Musgrave, guilty of murder
in the first degree, as charged in the
within indictment and we further
tiud that he be punished by confine-
ment in the penitentiary.
The defence at once made mo-
ton for new trial which was ar
gued by distinguished counsel and
after due deliberation the court over
ruled the motion and then applica-
ton was made for an appeal to the
highest court of the state, and all
the papers filed or used in the trial
of the case, were taken to the Appel
late court by printed record, which
record is the size of the average law
book, and contains 1882 closely
printed pages, and the cost of which
record to the appellate court was 81
ia 70 as certified by the clerk of the
Supreme court.
The court sustained the lower
court in every particular. On Mav
l, 1896 a petition was drawn up by
his lawyers asking for a rehearing.
This was granted by the court and
the result after months of DELAY is
the granting of new trial. When
that will be has not yet been deter
mined but will probably take place
at the next term of Circuit Court.
How's This.
We offer One Hundred Dollars Re-
ward for any case of Catarrh that can
not be cured by Halls Catarrh Cure
HunNJEv g. M Drov,c