The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-12-21
llI0US PUBLIC awaits
Fsa Verdict OF The Twelve Men Now Delib-
Grating Over The Evidence And Argu-
ments In The Murder Case.
SO GOES 10 JURY AT 4i3O P, M,

T.
sensational denoument in the
un murder trial concerning the
age Of the defendant to Frank
III mention Of which was made
lively in the West yirglnian last
ening, was not introduced as eV!-
dcace either by the State Or the de-
e evidence was all in last evening
gand the attorneys commenced
6ci arguments at once. Both sides
EXCELLENT reasons for not reveal
he marriage to the jury Prose
outing Attorney Lowe and his able as
sIsiant Tusca Morris, deemed 1t un-
wige for several reasons. The prtnci-
raI reason was that man cannot give
damaging evidence against his wife,
nor can the wife convict her husband.
ne prosecutors believe Wright aud
Mrs. Payton equally guilty and want
both severely punished.
Now Wright admitted that he and
Ms Payton occupied a room together
a local hotel on the tight Of June
Is and that also was the date upon
which the poison was bought. The
writing on the hotel register and that
Upon the poison record established be-
yond doubt that the writing was
done By one and the same man.
This conclusively proves that Mrs.
Payton was ctghizant Of the fact tha;
the drug was purchased. Then again
should the 1uryand Mrs. Payton guilty
ills more thai likely she will tell all
she knows about W'rights ccmpictty
in the matter in order to insure his
safe Keeping while sic is suffering the
peg dalty. ana in this manner tie State
will be spared the expense of another
celSiict bin
lli3 attorn sys for The defense
alleged to have remarked that they
did not offee 1t as Testimony because
should the jury be aware of it their
Client would surely hang.
six Hours For Argument.
Judge Mason limited each side to
three hour, for their summing up of
the case.
A number Of witnesses were exam
ihed Wednesday afternoon Arthur
Yost was eaxuined again regarding
The time he is supposed to have met
layton, Wright and Barrows in the
yards below this city when they had
started out on a hunt for reptiles.
He was asked by Attorney Parks
il he had refreshed his memory in re-
ras,l to the date of the meeting, An
rwered that he had. Fixed it by very
uncertain 1ueans. Said it was on the
night Of the 9th of June near the mid,
night hour.
Reiterated his former statement
about sending Wright and Barrows to
q grocery store near by for cakes. 1t
was willie they were gone that Payton
exhibited the poison, he says. He for
got to add why it was he was hungry
when he said that just moment be-
fore he sent them away he had taken
4 drink Of woodalcohol and it had
made him very, very sick.
skinny Barrows was recalled. He
was asked his version of this affair
lie plainly stated that he sent either
wright and Yost or Payton and Yost
10 the store after the cakes and that
he did not see Payton show Yost any
box or poison. He was with them all
the time.
Garfield Mcdonald was an important
witness for the State that could not
be found and rule was issued against
him. He will bo arrested when found.
John Peyton said that he saw nc
change in Jake's appearance or &C
tons; he knew Of Jakes having a
round box that contained powdered
chalk which he used to blanch his
complexion in the show. He said thai
Lena Phillips was down at his place
and at that time reports were being
circulated that strychnine had been
found in Paytons stomach; that Lena
inquired OF him the appearance Of
atrychnine, whether it was in powder
crystal or liquid form. He further
said he never saw Jake carry any
Lox with him and in his search Of the
Payton house and Jake's clothing he
found nothing that pointed towards
Jake's having committed suicide. He
said Jake was some thinner than usual
but there was change in his complex
ion.
Payton's Brother TestIhes.
Philip q. l'ayton, brother Of Jake
and a witness who had not yet testI
fed, was called by the State, He wa:
a boarder IN the Payton home from