Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1897-11-13

plished b! the begged Persistence of
Attorneys in the Interests of Their
Clients-Fhe Prejudice Not Near SO
Strong Against the Accused and he
May Go Free.
This remarkable case, after nearly
three years has ended, now comes
back from the Supreme Court of APP
peals, with direction for new trial,
and the State starts where it did,
when the Indictment was found.
On the 18th day of December,
1894, at near 9 o'clock p. m, Mrs.
Emeline Musgrave, the wife Of the
defendant David Musgrave, was
found dead in a pool of water in Il
small stream near David Musgrave s
house in this county. Near the house
up to 8 o'clock literary society was
holding a meeting. David Musgrave
said he and his wife retired about
s o'clock. Not, long after, his wife
got up and went out; he did not
think strange of that; but when she
! had been gone an unreasonable time
/ he became alarmed, and got up and
searched for her, around the premi-
ses, and could not find her; then be-
4 ing more alarmed, he went to the lit
erary society and called out his two
sons and the three searched, but
could not find her; then he notified
the literary society, and a general
search was made, and her body was
found in the pool of water above
spoken Of She was buried the next
day; and suggestions having been
made that she may have been killed
and thrown in the water, her body
was exhumed and an autopsy was
had, at which number of physi-
clans were present. The report of
the physicians who made the autop-
sy was made, and David Musgrave,
her husband was arrested for her
murder, and was held for trial. The
trial was had at the June term of
the circuit court of Monongalia
county in 1895 amid the greatest eX
citement, the general impression
prevailing, with but slight evidence
many now think, on which to base
it, that David Musgrave was wife
murderer He was, after long trial
convicted of murder in the first de-
gree, and the jury found that he
should be confined in the peniten
tiary. In accordance with the YER
dict, Judge Hagans passed sentence
upon him of life Imprisonment.
He was ably prosecuted by Geo.
G. Baker, the prosecuting attorney
of the county, and ably assisted by
Frank Cox, Col Fast and others.
That able and accomplished, civil
and criminal lawyer Geo. G. Stur-
giss, led the defense, assisted by
Joseph Moreland, Hon Okey John
son, L. V. Keck and others. There
was no point in the case that Mr..
Sturgiss did not save. which could
by possibility avail the prisoner in
the Appellate Court But strong
exculpatory evidence, and able ar
guments could not avert the verdict,
and he was found guilty. Judge Ha-
CANS overruled the motion for q new
trial, and gave 30 days to file bills
of exception.
Judge Johnson. now Dean Of our
law college, at Mr.. Sturgiss request
was now called in to prepare the
case for the Appellate Court. He
had not been present at the trial.
He waded through the manuscript
received, OF over 1000 pages, and
prepared six several bills of exeep-
tions to the rulings Of the court, the
last, on the ground that the verdict
was against the evidence, that the
evidence was entirely, and plainly in
sufficient to sustain the verdict.
Having presented the bills to Judge
Hagans they were duly signed, and
and then Judge johnson presented
the petition and read in August,
1895, to Judge English at PIT. Pleas
ant, which judge granted the writ of
error at the term of court to be held
at Charleston in January, 1896.
Judge johnson argued the case there
in Feb. 1896, with Attorney General
Riley, representing the State. At
the special spring term 1896, Judge
Brannon at Charleston handed down
an opinion, affirming the judgment
of the circuit court. The opin-
ion was concurred in by Judge Eng
lish and Holt, Judge Dent, dissent