The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-12-21
ARS. GfFOEs AI
NOW REST lIItI IURY.

.IliSs
NON IIlI JURY
Continued from First agcl
September until the SOth Of Deems
Der, 1904. He said that Jake did some
work; that he was employed by the
National Supply Co. and did some
work for the Eureka Pipe Line Co.;
that Jake's mind was good and he
seemed in good health one month be
fore his death. He said that he. did
not know of Jake's using morphine,
opium or wood alcohol; that Jake was
not sick the winter before his death,
Tie State then called w. S. Ingles
in ,ebuttaI to testimony that had been
Introduced by the defense. Ingles is
pharmacist in C, L. Tague's drug
store. He said that Mrs. Payton came
10 Tague's drug store and wanted to
buy strychnine; that this was about
month before Payton's death. Mrs.
Payton said she wanted the poison TO
kill rats. lie refused to sell her any
strychnine.
DR.. W, H, Sands was called in re-
huttal. He testified as TO the taste OF
strychnine in tepld water and hot cof'
fee. He said that in coffee the taste
was more bltler than in water. The
witness said that one could gulp down
a cup of coffee and probably not detect
the presence cr the drug, but It could
not be done if the liquid was slipped.
He said the use of narcotic benumbed
the gustatory nerves SO that the de-
cree of bitterness would not be so
great we're there no narcotics used.
His testimony i behalf of the State
was excluded.
Dr. ]. j. Durrett was called to rebuff
testimony given, His testimony was
practically the same as DR.. Sands.
Powell and JoIIiff Called.
Charles Powell, former prosecuting
attorney, was called by the. State to
testify as to his acquaintance with
Jacob Payton. He said that Payton
came to him about the Floyd matter
and volunteered MS services in help,
ing ferret out the crime. Said Payton
seemed to be III good faith.
NJ, A. JolIits, gx.sheriff, was called.
He stated thas Payton had been en-.
ployed by him, with small remuncra,
tioD, TO work on the Floyd case. Sale
thai Payton had achieved some results.
Always found him honest. Saw Jake
in July, the month Of his death, and
said he saw no change in him what
ever. Knew nothing detrimental to his
character.
Never knew him to use dope and
said that on the last meeting Jake did
not seem dependent.
Earl Powell coroner's stenographor,
was recalled. He was asked to read
certain bits Of evidence given before
Che coroner AMI did so. Several If.
regular statements were found.
William Wilson, the famous Billy,
Of the machine shop, was found at last.
He was asked concerning visit Mrs.
rayton paid to his shop short time
before she went to Sistersville. In it
she was alleged to have told him the
details of the putting away of Jake,
Nothing Particular"
He admitted that she came to his
shop and asked him for little change
to pay gas bill. He said he took her
in the back room but would tell moth
ms that happened there. When ask
ed to tell what conversation they had
there relative to the securing of the
poison and Paytons death, he would
invariably remark that lit was moth
ing particular" Judge Mason threat
ened him with a period in jail unless
he answered ana after a lot of hest
tation and reluctance finally answered
angrily that they had had no converse
tlCns whatever along that line.
The court called him to the front at
ter he had been dismissed from the
stand and asked hin if he had been
drinking. He said he had had one
drink in the morning, Acquaintance
in the room informed the court later
thai he was surrey under the influence
of liquor. Daring his time on the
stand Mrs. PaytJn laughed heartily at
his answers and seemed to enjoy them
immensely.
Ellis Wells, for the defense, was the
last witness examined by either side
He was visitor to the Payton home
a couple of weeks before Jake died
Saw Jake have II bottle of alcohol and
Wright bottle Of whIskey. Jake took
a drink Of the alcohol and when told
that It wouIi kill him said he wasn't
long for this world anyhow. Said on
crcss,eXaminntioa that it seemed the
frivolous remcrl; of drunken man.
Normal Notes.