The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-03-29

They said that they were married
"a Whseiing aud came straight 70 her
home she aid th5t Frank w 9
baker and had learned MS tFade u
sistersyiile and al cling
nay iItynlan vas the fle1t witness
She knew the defendan Theg were
ii the same cen She knew Of Wright
being boudei out d iaiI and later
placed Ii Jan again. She heard e con;
ISyersation that was carried on between
Frank and Helen With They con.
Eiyersed through d hole n the moor. Y Y
was something about the Marietta lho;
Itei. Helen was crying and Frank sad
| that he was drunk when on the stand,
Helen said you ought not Z. have said
| ii. The defendant said that she re;
| membered the witness sitting on the
porch II the Marion hotel
i. ". Nay was the next witness ex.
amined. he was acqainted with the
defendant and remembered the time
/ Of Payton,s death. About a week be
fore his death the defendant talked
With Nay at the railroad station. The
defendant told him that she was going
Is ret away with Payton. If she could
not DO 1t one way she would in anoth.
er. Mrs. Psyton never wanted to Dor
row money from the witness, but
| Frank Wright wanted to borrow TWEEN
TYNE cents. He said that he wanted
it to buy bread; he said they had moth;
ing to eat.
The witness said that Wright tried
to intimidate him at the former trial.
Counsel for defense moved to strike
out this part Of the evidence and was
sustained.
Neeson Grub, Of Warrington was
then examined. he knew Payton and
the defendant. He was on the street
1 near the Payton home on. the evening
lbefore Jake's death. He saw the de.
/ PENDANT in the house that evening.
There was conversation in the house
/ which he took to be Mr.. and Mrs. Pay
ton talking. The tone Of the voices
indicated anger. In this conversation
mrs. Payton said well l wish you
4 would 90 and stay. The witness dtdnot
4 know Frank Wright. he had seen
3Mrs Payton on the streets; but she
Twas accompanied by her sisters. This
witness was not here at the trial in
December.
i. w. Roberts, q minister OF First
1 ward, formerly Of Wheeling, said that
On August 8. he married a couple, The
defendant was recognized as the wo-
man he married at that time.
James Wright, Of sistersyille; Helen
Phillips, Of Grafton, we're the names
on the marriage license. The minis
| ter made a visit to the jail recently
and identified Frank Wright as the
man he married TO Helen Phillips on
August 8. This witness was not cross
examined.
John Reed was then placed upon the
stand. He saw Jake Payton on the
day and evening Of his death. He
was on the porch lying down seeming
| ~ resting. He didnot think Jake was
drunk. The witness talked with him
and Payton seemed to be in a good
hunor.
Judge Mason said: Tn tho absence
Of the defendant only three things can
be proven; viz. anything that Is part
Of the res gestae, dying declarations
and threats" So what was said by
| payton In any Of these conversations,
was stated by the court to be impfop.
err evidence unless carried on in the
presence Of the defendant During
the conversation with Payton the de-
fonJ.,t was In the Kitchen. The door
was open. He saw Wright and Mrs.
Psyton walk on the streets together.
MI. Nay was recalled. He said that
he saw Wright and Helen take daily
walks for nearly three months.
DR.. j. A. Graham was the next Wit
ness. DR.. Graham was asked the same
hypothetical question that was asked
Drss Mcdonald and Henry. DR.. Graham
answered that a man dying under
such circumstances he would say that
he died Of poison from strychntne,
On cross examination Or. Graham
was asked the PHYSIOLOGICAL effect Of
stryChnine. He said 1t was a tonic
and etfected the nervous system, He
said 1880 of a grain was considered
enough for an adult The witness
said that in extreme cases he had in.
jected as much as 40 Of grain in
a half hour; that one.halt to a grain