first slow down and don't repeat yourself. ask your questions like an adult please.
scummvmDS requires NO patching of the games. what it does require are the games to have certain things correctly set. an example is that you must have all of the correct files, a second is that audio has to encoded to a special format. if you are simply grabbing scummvm games off the net they are probably not what is required for the more specific builds on the nds. i recommend you do some light reading. a bit of research goes a long way.
http://scummvm.drunkencoders.com/
^contains all of the *important* info on setting it up and encoding audio, etc.
http://wiki.scummvm.org/index.php/Datafiles
^a list of what 'data' files are required to make each game run. this list does not include audio unless the audio is a data type (.voc, etc)
http://www.scummvm.org/downloads.php
^some important files are required for various supported games. also some freeware games which you can test with.
http://forums.scummvm.org/viewtopic.php?t=6161
^a link to the newest beta builds. also included is a supported file list for each build. please pay attention to which games run under which builds.
if you spend a few days doing the research from those sites you will not have a problem.
-another world