The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-11-22
WITNESSES SURE

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very shortly. He was merely asked
whether he was at home during the
day OF the shooting or at the defend
DR.. DINER was called next and tes-
titled that he was with Doyle Everson
Just before he died and IN the hall OF
| Cook hospital at the moment OF his
death at nine O'Clock OF the 5th day
OF September.
C. W. Patton was held half the
morning as one OF the most important
witnesses but he stuck to his stories
Of yesterday that he was SO drunk at
the time of the shooting that he knew
nothing at all OF what occurred after
that. He claimed that he had been
intimately associated with Davis for
many years and had been employed
by him OF and on for eight or nine
years. He stated that both he and
Davis drank a great deal OF a drink
called pickhandle and that It made
both Davis and himself very Sick
mcuh sic7zer than whiskey. He told
a story about a victoria owned by Da-
Wis in an attempt to prove the fnsaR
ity OF Davis. He said Dovfs COMPEL
from the home Of Davis to the store
to the third floor where he played It
till two in the morning. Patton
claimed he had noticed pecu1iarIties
Of mind In Davis at least a hundred
times but he had never heard that his
wife or family considered placing him
in an Institution.
He claimed that Davis was drunk
al
thEt he had his doubts whether Davis
knew what he was doing when he shot
Everson
Attorney Shaw started questioning
at this stage and asked how long be-
came insane. Patton admitted that
Davis knew what he was doing part
OF the time the morning OF the shoot
ing, but that as he was pretty full"
himself, he could say nothing aobut
anything after that. Bfr Shaw at.
tempted to draw out that Davis was
perafectly able to keep store and deal
with travelling statesmen and pay bills
but Patton cIe4=1ed he did not do
much of ft while Patton, himself, was
there to attend to it for him. Mr.
Shaw tried to bring up evidence to
prove that a gambling Joint was
maintained IN connection with the
business Of Davis but he was stopped
by an objection by Nicely, sustained
by the court The Judge said this hao
nothing to do with the matter in hand
and could not be allowed because It
might prejudice the jury. Attorney
Shaw asked at this point ''If you
don't know what took place just be.
fore the shooting because you were
drunk nor directly after, how do you
become convinced that Davis was
craZy?" Patton admitted that he had
made up his mind after he became so
Der. He said he considered Davis IN
a settled condition Of insanity and
that hs would cali him more sober
when drunk than when not drunk
That It was when he was not drinking
that he acted In a peculiar manner,
not answering questions and seeing
strange things.
R. E. Patton testified last that he
had visited Davis when he was In bed
with dellrium tremens and he said he
know times when Davis recovered that
he could not count change and times
when he saw strange faces at the win
dow OF his store. He said he thought
Davis was insane. He said It had &C.
CURED to him long before the shooting
that Davis was insane. R. E. Patton
got out Of further testimony because
he walked out Of the basement when
he saw trouble was starting. and knew
nothing whatever about what happen.
ed after that He told the same story
he told yesterday.
Yesterday Afternoon.
It was duh and dreary outside yes.
terday afternoon when testimony TAX.
ing In the trial Of Marcene Davis was
begun. The jurors and the judge, to-
gether With all the principals in the
drama, and also many onIookers, were
ready pUmptly at 1880 for the open
ing scene. The wife OF Marceue Davis
sat beside her husband and the pr1s.
oner's mother, father, Sister, and two