The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-06-11
BI[LINGSLEY WAS

CONTINUED from page o1s.I
reply was in the affirmative, and then
Mr.. Sandy was asked to tell all that
he heard.
"Mr. Billingsley approached Mr..
Robinson. am not able to give Just
what the conversation was but Mr..
Billingsley said, You're fool. You
should be in Howard Showalter's
place" This testimony was given by
Mr.. Sandy:
Attorney Shaw then asked Mr.. San
day If he knew what happened to Mr..
Showalter and the reply was Yes"
Did you hear him say anything
about $500?" Mr.. Shaw asked. mo,
sir, did not" was the reply.
What was the manner of Mr.. Rob-
inson?" asked Attorney Shaw. "He
was very quiet and did not have much
to say" Mr.. Sandy replied.
Morgan Billingsley sat beside his
attorneys, apparently little interest
ed in the case. He was dressed in
dark suit and wore red necktie. AL
most the entire morning he sat with
his legs crossed, grasping his small
cane in one hand and occasionally
running the other hand over his white
beard.
Azel McElfresh, the next witness,
testified that he was from Taylor
county and was a brother to F. NJ. Nc
Elfresh and was acquainted with both
the plaintiff and the defendant. He
was very hard of hearing and time aft.
er time the attorneys had to repea.
their questions. He testified that upon
entering the bank he saw Billingsley
and Robinson and heard the former
tell the latter that IF he said very
much to him he would mash his face
with this cane" 81 do not want to
have any trouble with you," was Mr..
Robinson's reply.
At this point Mr.. Nicely took the
small cane which Mr.. Billingsley was
holding and approaching McElfresh
asked If that was the cane which Mr..
Billingsley had in his hand on that
day. Mr.. McElfresh thought that it
was. The cane was unusually small
and when Congressman Nicely asked
''if he thought man two or three
thousands years old could hurt a man
with this cane there was general
laugh from all in the court room to the
extent that Deputy Sheriff Slack had
to raise his hand with the exclama-
ton Silence Judge Raymond in
terfered and with laugh explained
that the objection to this question was
sustained.
Glenn F. Barns who testified that he
was AZ years of age and that he IS
now cashier Of the National Bank Of
Fairmont and formerly assistant CASH
Ter of the First National bank, was
the next witness called for the plain
tiff. He testified that for the past
twenty-five years he had been &C.
quainted with both Mr.. Billingsley and
Mr.. Robinson.
Mr.. Barns testified that he saw Mr..
Billingsley walk toward Mr.. Robin
son and shake his cane in his face"
The following words were uttered by
Mr.. Billingsley, according to Mr..
Barns testimony: you got $500 for
your services. You are damn rascal
and ought to be in the penitentiary."
Mr.. Barns does not remember the ex-
act language which followed but
thinks that Mr.. Billingsley added
"along with Howard Showalter."
Mr.. Nicely asked If he was not mis-
taken about the use of the word peni.
Tertiary to which Mr.. Barns replied
81 think it was used. saw what was
coming and was glad to get out"
Attorneys for the plaintiff are try
ing to show that Morgan Billingsley
is man of property and Edward Phil.
lips, deputy clerk of the county court,
testified to the following assess.
ments for 1918:
Personal property. Fairmont