The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-09-25
ns ott Mother of Man on Trial First Witness for
Defense, Painted Dead Man as a
Bad Man.
PART 0F ANTE MORIEM STATEMENT THROUA OUT
Dead Mans Father Who Was With Him When He was
Shot Told Tuesday Afternoon How
It Happened.

, an answers were also ruled out AIT
or reading the dying declaration OF
Furbee, exceptions the portions De
lieved by the court to be improper.
Mis- Deegan left the stand without
any cross-examination on the part ~
the defendants
A lull in the court proceedings then
followed. DR.. Cbssney n Ramage,
superintendent OF Ni-mont state nos
pital, was summoned bat could not ap-
pear for fifteen minutes or more AT
this tuncture, Prosecuting Attorney
Haggerty informed the court that Dr.
Ramage was the states last witness:
DIR. Ramage arrived after hall
hours delay and the trial proceedea-
He told how Furbee was brought to
the hospital on the night Of Angus:
3. The bullet struck the tip CT the
twelfth RIB and fragments OF the rib
fractured the kidney according to Or.
Rowage, who gave technical oes-
cription of the wound.
The bullet entered the left side OF
the body said Dr. Rowase. The course
Of the bullet was horizontal
at 1880 o'clock Prosecuting At
tornev Hoggerty rested the states
case against OFT.
The defense Immediately opened
its case by calling Mrs. Mary OFT.
wife of John OFT, and mother OF Clark
OFT. the defendant The shooting she
said occurred IN Warrington Dis
trfct, along Ra1tholomew,s- fork, about
two miles beyond Seven Pines The
witness said she was AZ years old and
is a daughter of Rev Mr.. Green
The OTIS have lived in Marion
county 81 years. F:urbee and his
daughter were separated last WIZ
ter. She said that on Friday. August
.. Earl Fur5ee came to her homo aao
took little three year old MarSuerlte
along with him. The child was cry
ing. ma come and get me" and ala
not want to accompany Furbee- MIS-;
OFT coaxed Earl to leave the chiid
behind saying. Earl please co no. no.
rske her away" She testified tls1.
E,rbee told her that he would also
take the six year old boy away from
the home. She said that she met Ida
Fnrbee. sister Of Earl, in Manning.
ton on Friday evening, August Z, ana
related a conversation in reference 70
the custody OF the children MIS-.
orr said that she told Miss FuEbe2
that Iona don't want the cniaren
separated" They then went 10 %ae1e
Iona was working where MISS Fur-
bee told her that the little girl w:s
taken to McMechan. Later they d:s-
cussed the custody OF the children
Mrs OFT then recalled how furoee
and his father came after the l;tie
how the next day. Lindsey frroee
ard her husband. John OFT, mad an
argument and later quarrel develop-
ed between them. Mrs OFT said sne
first saw the Furbees and 1mmealate.
said. "Earl what are you gong
to 10 with the children. She toia
how Earl Furbee said CLARK. Soo
dam settle with you" She testitiea
that Earl Furbee when he was IN the
road had his hand in his pocket sne
said She feared he had weapon and
cried out. "oh. Clark" Then saw
Fnrbee have something in white
handkerchief. which she swore re-
sembled a weapon. Lindsey turoee.
she said. began to throw rocks %
CON as ne came to her home.
She tore Earl Furbee's character 70 .
n,eces. claiming he always carried .
reyolyer and pair OF steel knuckles
and intimated that he was a danseL ger
ons man. She told how F'urbee Fac
way1aid at times for an OLD H'an
Confined on page eighth