The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-09-24
lNORGAN.NASHE
ON HEARSAY EVIDENCE
Attorneys for Man Accused of Double Murder Make De-
Z. termned Fight in His Behalf Before Coroner's
4 Jury This Afternoon.

Claiming that Will G. Morgan was
held on q murder charge purely on
"hearsay." counsel for the defendant
made a determined effort to have him
liberated before the coroner's jury at
its investigation this afternoon in the
county courts room in the court
house.
Both OF Morgan's attorneys. Hon.
N. NJ. Nicely and Charles Powell,
made addresses to the members OF the
jury along this strain.
w. r. Haggerty, prosecuting attor-
rey, contended that this was not the
place for Morgap's defense, and that
1t was up to commonwealth only to
establish the death.
The trend of the commemorative
testimony showed that effort was be-
ing made to locate the shots and show
that they came fro mthe direction Of
the Morgan farm.
The inquest was conducted by
Frank A. Lloyd, the coroner. The
members of the jury are: G. H. Rich
ardson. j. L. Buchinsal, c. H. Snider,
NV. H. Roush, Arthur Frey and Frank
Pepper.
The first witness called was Charles
Musgrave, who resides near Rivesviiie.
He testified that he accompanied Har-
vey Hayhurst, Andrew Thorne and OH
ers on fox hunting trip to the Nor
gan farm. He described the trip and
told OF the firing OF the shots. He
thought that the first shot had struck
him. Musgrave testified that Harvey
Hayhurst was standing behind Mus
grave and the fire that had been kin.
died by the fox hunters, Andr ew
Thorne, Musgrave testified, vas stard.
ing few feet below the fire.
Musgrave said that he saw no one
with gun in that section. Musgravo
placed the time of the shooting al
about 9:40 o'clock on the night of Sep.
TENDER Is. The witness testified that
James Hayhurst, who had accom-
panied the fox hunters, was not struck
by any of the shot.
The second witness called was Rich
ard B. Arnett, of near Rivesville. He
told of his being with the party.
Dr. George Yost, of Riyesville, sa:1
he was summoned to attend the in.
jured men on the night of the murder
about 10 o'clock. He was informed
that fox hunters had been shot" He
attended Musgrave, who was shot in
the right ear and neck. DR.. Yost 1T
length described the character OF the
wounds. The two men who were most
seriously shot-Hayhurst and Thofne
were started for the Miners hospital.
John knight, who lives in the vicin.
ity Of W. G. Morgan's farm, testified
that in the early part OF the evening
he saw w. G. Morgan and Walter
Conutte at the Morgan farm and talk
ed with him. William Keyser accom-.
panied John knight to the Keyser
home. This was between 9:15 ard
$3.50 o'clock in the evening. He heard
| a shot during the evening.
A. NJ. Glover. sheriff of Marion coun.
ty, was called as the next witness. He
Rivesville for shooting scrape. rne
point where the shooting occurred was
in field along the river. opposite Muir
ray. There was cherry tree near to
the place where the fox hunters mad
kindled the fire. Three empty shells
were found. Two of the 10 guage sh ais
with red paper in them were found
close together.
A IL guage gun with yellow p4rsr
cover was found near by. The 10
guage shell was found closest to the
fire.
In conversation with Walter Conutte