The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-12-15

pretty damaging 10 Mrs. HELEN M roy
toi, accused OF killing her husband
.JaeobN. Peytoh.
Peytcn died ct Warrington on July
~ q this year and post-mortem ex'
animation and scraps of evidence gath
cred together BY county officers, led
to thearrest Of his wife.
shehas vigorously denied numbering
or being an accessory to the affair. The
testimony of Mrs. Kate shuman We'd
nesdsy afternoon was very damaging.
Outside Of showing emotion at the
opening Of the trial yesterday morning
Mrs. Peyton has maintained her self
possession.
When John Peyton, brother Of the
deceased, was placed on the stand at
$3.50 yesterday afternoon, she wept IN
audlbly for a moment, but soon re
gained her composure. She takes a
deep interest in the testimony Of the
various witnesses and rarely takes her
eyes from tie face Of the occupant Of
the stand.
Mrs. shumah was the star witness
OF the day. She lived in an adjoining
house at Mannington. Several ques-
lions we're asked her by Prosecutor
Lowe but she was extremely reticent
and seemingly unwilling to tell any
thing to damage the defendant.
Mr. Lowe finally tired Of her indef-
mite answers to his questions. He sug-
gested that She had been approached
BY some one IN regard, to her testi-
raony and this she did not deny but
finally acknowledged, but refused to d.
vulge the name Of the person or per
sons.
She ted at drs''e ton and
wright vent out together frequently
previous 10 the demise Of Peytoh but
as to where they went she could not
say. Asked If she knew of Peyton Oh
lecting 10 this procedure she said yes,
that she had frequently heard him re-
quest her to get in early so that they
could retire early and get up at rea-
sonable hour in tho mornings.
When requested to say what Mrs.
Peyton's replies to these requests were,
she said she never heard her say any
thing. After a ;ittle persuasion in the
way Of lnsinuation that she was with
holding something she had heard Mrs.
Peyton say. she stated that she had
heard Mrs. Peyton remark that she
would go to bed when she got ready.
evil you state whether any threats
have been made against you If you tell
anything in this case" asked the pros
ecutor.
d will not tell that" was her defiant
answer.
After a little argument Judge Mason
asked Mr.. Lowe If he insisted on an
answer. Mr.. Lowe replied that he did
not.
"Who have you been talking to about
this case besides myself" was next
asked by Mr.. Lowe. She said she
didn't know who 1t was.
"Do you know who It was?"
A negative shake Of the head was
her reply.
@Whoever 1t was, did 1t cause you to
hesitate about your testimony"
mot particularly"
.'Were Saturday and Sunday the only
times you have heard her say anything
about this matter?"
'Yes, sir"
Mrs. Shuman; had a sick child the
night Peyton died and on Sunday night
shortly before his death Peyton stop
ped in front q her house and she
heard him talking to the child. lie
stated to it that he intended going to
Cleveland the next day. 1t is known
that he has or did have relatives in
Cleveland.
She also related fight between
Wright and Peyton in the latter's
house.
On cross-exaininatlon she admitted
that she had testified falsely botl. at
the coroners investigation and before
the grand jury.
John Peyton, brother Of the de-
ceased man, was put on the stand be-
fore Mrs. Shumap was called. He told
the court that he went to 'MaRnington
on Sunday morning previous to his
brothers death. He returned to Fair
mont on the evening train.
He said when questioned that he had
known his brother and his wife to have
little spats "the same as all married
people have but nothing serious, He
was informed of Jake's death the next
morning and returned to Mannington
on the afternoon train.
He said that Mrs. Peyton told him Of
her husbands death and described
the circumstances and details. said
she told hlm that she did, what she
could to relieve his sufferings and
mentioned the fact that she gave him