Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1897-11-11
NEW TRIAL FOR MUSGRAVE.
The Supreme Court So De-
CideS.

After Years Of Waiting David Musgraye
is to be given another Chance for His
Life and Liberty decision Handed
down Yesterday The Prisoner Very
happy over the turn events have TIA
ken.-he claims his Innocence and
hopes TO be free--A Review Of the
Case.
David Musgraye gets new trial
Sentenced to Imprisonment for life
he has quietly fought the case to
the last and on a second appeal to
the Supreme court the petition was
granted.
The opinion is rendered by Judge
English and the circuit court is re
yersed and new trial awarded The
first time the case was laid before
the court it ruled adversely on every
point raised but the court was di-
vided and Judge Dent dissented Wig
orously. Since then a new member
has been added to the court in the
person OF Judge McWhorter. AS
the court first stood two for confir-
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
satisfied with the results of the
trial and are not sorry that for u
second time it must come up in the
circuit court 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. ".
Keck, S. f. Glasscock and Messrs.
|. c. and G. Ralphsnyder assisted
in the case. The state has been rep
resented by Prosecuting attorney
Geo. c. Baker, Hon Frank Cox, Col
r. 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
dangerous wild beast took place
if any was committed on the night
of December 18th, 1894, nearly three
years ago.
Musgrave was living with his wife
Emeline, at her home on Indian
creek, about three miles above Ar
nettsville, this county. About 9
o'clock P. NJ, Musgrave went to a
school house near by, where litera-
ny 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 throat
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 circumstances point
ed so strongly to him as her muir
derer that he was arrested and
brought to Morgantown and given a
preliminary trial before Justice II
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 ofense charged,
and on the 18th of Feb, 1895, the
Grand jurors at that term of the
Circuit Court found a 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 on motion
and notice to grant bail to the de