The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-03-30
pANToN,s WIFE WISHED
aE VAS IN isEl ARp SAP
LsE LED sE seen
flcl::ontlnusd Frern LIE Paag.l

tcentiausd From nth Rssso
vas asked shieh 81 the counselii II was;
Eshe refused to atisw e. the Question.
but said Il won't mention name
I'm lie first
Attorney ogden asked hef whas tho
counsel said 70 her? She answered
eHe told me TO be careful what !
said. to speak the truth aud TO lo %
out hereafter
g. Nj. Floyd. Of Warrington was
placed upon ne stand. He said thu: !.
the defendant came to him before
Jake's death and asked him what was
given to knock people out. She sail
that she had a man she wanted to
knock ont and she did no. care u It
killed him or mot, Mrs. Payton was
silent as to whom the man was she
wanted to dose.
Mrs. Dayton asked Floyd to get the
drugs for har Later she mat Floyd
who was acca rruiedhy Levi stratsht
She said to FLOYD. +You d. m. 8. Of a
+. YOU didn't get that stun you prom.
tsed %. Well, / got 1t without any Ct
yopr assistance" The witness said
that he had visited her at the jail AMI
had advised her. II guilty. to confess
and ask the mercy of the court and
that she said that two grand juries
passed and she had not been caught
and II he and Levi Straight would
keep their damned mouths shut she
would get through all right. The Wit
moss said that he had often seen
wright and Mrs. Payton out walking
hut seldom saw her with Jake.
During the cross examination coun.
sol asked the wttnes several questions
which he deemed insulting. He ap-
nealed to the court for protection. The
court directed him not to answer tho
questions and told counsel to be care
full in asking his questions.
Levi west, of Warrington, was tiner
called his testimony as far as It went
oo,.o,,ora+ed the statements Of Floyl
Fred Burrows was examined, He
stated that he went to the Payton
home to see Jake on business and
when he did not find him he made III
Iouirv as to his whereabouts. To thl'
/ Mrs. Payton replied. a don't know
where he is: hope he is in hell, and
i think he will be there soon.
Joseph R. DIggs, chief of police Of
Warrington at the time of Payton'
death, was examined. He did no:
know much about the affair.
WIN Engle was the next wines
examined; his testimony was the same
40 given at the December trial.
The first witness called this morn
ing was Mcclellan Rose. The witness
/ told Of a conversation had with Mrs.
pavton, in which she asked Rose 70
cot some strychnin to kill Payton. Re
r ref and she offered him ten
IdolIar bill to get the drug. She a''
fold him that he had better keep his
mouth shut hereafter. He knew o.
family ouarrels between the Paytons'
Rose said that he went there about
Twice a week. Counsel for defense in
sisted on the witness answering why
he went to Payton's home SO often
The witness answered, but the Ian
rnage would not read any better than
It sounded.
John Payton, brother of Jake Pay
ton was the next witness called. He
stated that he was there the Sunday
That Jake died Jake's health was
normal" he was in good spirits and
was not intoxicated. Frank Wright
was there, seemingly sick. Mrs. Pay
ton was waiting there. Mrs. Payton
told the witness that Payton had drunk
wood alcohol and had smoked opium
She then related to him how JAKE
died all about the commissions, The
defendant broke down during Payton's
evidence. She told the witness that at
times Frank Wright had to get on
lakes breast to pull back his head
10 its proper position. he told him
lint Jake had drunk some coffee' the
defendant told the witness that
wright had a yenereal disease and
that "she complicated" the disease to
wright. He had seen Jake drink wood
alcohol. She told the witness that she
was going to swear her life against
him and have him sent to the asylum
On motion Of the State this statement
was excluded from the evidence,
P, e. Payton, brother Of Jacob Pay
ton, was then called. He made sever