Evening journal., 1922-09-18
gets 10 YEARS
FOR TREASON
Allen, West Virginia Miner,
Was in West Virginia
March
VERDICT COMES
IN As MINUTES

CHARLESTOWN, w. va, sept Is
Walter Allen was convicted Of
treason against the State Of West
Virginia by a jury IN the Circuit
Court here at 4.25 o'clock Saturday
afternoon.
The verdict follows his trial for
alleged participation in the armed
march of union miners on Logan
county last summer. The jury fixed
the penalty at 10 years in the pen
itentiary.
The close OF the trial was as fiat
and lacking in dramatic flavor as
the whole progress OF it has been.
There were not two score persons in
the courtroom. The jury filed in
after being out As minutes and
George W. Rouss, foreman. an
nounced simply:
I'VE the jury. find the defendant
guilty as charged in the indictment" "
Allen showed little emotion. He
sat twisting a piece OF paper be-
tween his teeth, his face bit set, as
though TO prevent any telltale
twitching. his eyes staring some
where in the distance; otherwise he
, maintained the same stoical appear
ance that has characterized him
. throughout the trial.
There was no demonstration.
There was not even a buzz Of COM
! ment, this being forestalled by a
wrangllng between attorneys which
| started Immediately the verdict was
announced over the bond to be fixed
pending a motion for a new trial.
This was finally fixed at $4,000
BY the peculiar stipulation in the
law OF treason-the West Virginia
Constitution following word for
word that Of the United States
which requires two witnesses to the
same act the jury had to answer two
interrogatories in turning in its
verdict of guilty The first was the
]. specific overt act on which the
4 defendant was found guilty; the
second. the witnesses whose testi-
ymony it had accepted in arriving at
a verdict of guilty.
In answering the first interroga-
tory the jury said that Aliens
fpresence in Logan county with. the
armed forces was the overt act"
4 ANSWERING the second. IL named four
witnesses who had testified TO his
being there. The defendant himself
for that matter testified that he
was there for four days
The evidence against Allen. in
brief. was this: That he had collect
ed money from various locals OF the
United Mine Workers TO be used on
the march; that he had been at
Marmet several times while the
miners were assembling; that he
had been with them at Racine,
Jeffrey. sharpless and Blair. var
ious points where fighting had
taken place: that he had carried a
gun and that he had distributed am
nunition. There was only one wit
ness to his distributing ammunition
This left the State, then virtually
with only ono overt act In Logan
county upon which It could rely
for conviction-Allen's presence in
Logan with the armed forces. The
court had previously ruled that al
though testimony as to the alleged
conspiracy in Kanawha county was
admissible for the purpose OF es-
tablishing the levying of war, etc,
the overt act must be proved in
Logan county. where the Indictment
was found.
The verdict. which came with un-
expected swiftness. followed upon
dav and night of oratory on the part
OF attorneys for both sides. The only
dramatic incident in connection with
all this eloquence was the assertion
of Thomas c. Townsend. chief coun-
sci for the defence. that Allen had
instructed him TO tell the jury that
he either wanted 10 be acquitted or
be hanged for his alleged crime.
The jury disregarded his request.
The statutory provisions that a man
must forfeit all his property II a,
penitentiary sentence be given was
overruled by Judge Woods who held
that this was unconstitutional.
This IS the first treason convic-
tion ever obtained in the State OF
West Virginia and one of very few
in the United States.
Those recorded in law books fol-
low:
Fourteen persons convicted after
shay's rebellion in Massachusetts,
during the early days Of the repub-
lie.
A man named Fries, convicted in
connection with outbursts in Penn
sylvania against liquor and other
taxes. He was granted a new trial
after his first conviction was con-
victed again and was afterward par
doned by President Adams.
A man named Paine. in Vermont, |
indicted. but acquitted. after the de-