The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-08-17

klCldLS. anu Nv lON"Ao
from the personnel Of the army was
drawn. He. It IS alleged. solicited inc
money from the locals and SUPERVISOR
the expenditure OF il Ite Is one o. the
"leaders," from the state angle. whom
tho prosecution particularly desires 10
convict, on the theory that the leaders
were largely responsible" for the co'i'e-
tive crime against the state ana 'hdt
the miners themselves were used as
tools To a considerable eNtcni, ~ mo
men higher AZ.
Tho inevitable mouotOnY IN tho pro-
secution has become u reality. only one
new witness WAS introduced ouF'"N
the John W!lburn case who had ho' "p-
reared either IN the Blizzard or J. l."
WIlhurn cases. The testimony is large
~ the same,-testimony as |" Inc p"'-
poses for which the march was ORGAN
lied the method Of e%Quirptng Tor the
! march. the passwords. tho kind OF arms
used. the leaders and the method "'
| organization. 1t all must be re!ntro-
! duccd as now juricS are i~inpanncle"'
and the prosecution has reached the
roiut where it puts on it's best witness
! scs only to establish certain points
These include Vclasco Carpenter ana
I lack RrInkman. both members or the
party that murdered John {. Gore, Lo-
gan deputy. and both still under indi't-
ment for treason and murder although
because they rave turned states CYL
dencc, i, IS generally assumed they WI:
nor be prosecuted. Ed Reynolds. one
Of the sub-lcaders on the march; ana a
! dozen union miners who have testified
,hcv participated in the march Tor rea-
sons varying from that OF the Icau'rs
themsclves.-to invade Logan AMI MIN
60 counties ana organize the n"h-u''""
! riclds.-to d~crlaratiouSc that they were
forced at the point OF guns |" J"'n'
The only variation In IN" testimony
now IS tina; which came "a to drciara-
/ tons made by the murder
regarding their part IN the murder "h
tho mountain. and tho possession ny
b these defendants Of property alleged |"
have heen taken from the bodies "f th"
. slain deputies.
Tho defense in the murder cases has
frankly admitted that their most dii-
I Ncult problem was to offset decIarA-
lions alleged 20 have been mado freely
hv the defendants. sometimes apparent
~. after tho murder rs to their connec-
! tjon. p!reC; testimony as 10 what hep
peued on the mountain In detail! mas
been questionable because Of the
character Of the witnesses and the
pauc!ty Of evidence; HIT, as the defense
counsel admits, the defendants are be-
ing convicted largely on their own
statements made IN and around Blair
after the murder had been committed.
That wa true OF both the Reverend J.
! Il. wiIburn and John wilbur Ihis SOM
cases. Il was pointed out.
Lost Interest
TIL. "a ses have also lost their inter
es, generally for the t~ownspcopie and
| coun.lans In jefferson. Crowds At the
court room during the younger W.
burn case were small, In strong CON
: trast 10 the crowds, arc OF both men
and women. who followed every st"p or
the Eliszard treason case and. I" n
| somewhat less extent. the trial OF the
Blair Baptist miner minister Tor mui-
der. In the younger Wilburn case
! there were scarcely half a dozen Wo'm-
en- IN the court room Al any one Time
and the men who sat through the pro
ccsdincs wr-e largely those VINO 4
official dut!ca to perform or. as res.
! dents, had nothing else TO do and found
tho trial M satisfactory a method or
Willing away the time as any other
Interest available now.
/ I, IA becoming increasingly difficult
70 impanci iurles tor the miner case.
here. In both the Blizzard n tirSt
Wilbur cases not a single one OIL Inc
first list oc 20 renirCmcn was disquai-
flied either on the ground thai h" wa
opposed 70 capital punishment or was
sensible OF any bias in the cases. In
n. third case. against young NlIOurn'
six men were eliminated by the court
FOR .ither confessed or suspected PR
iudlces. and one Juror vas excused Tor
sikness. II was the first time mat
an, yeniremeu have confessed TO pre-
iud,ces, and counsel insist that the
conitlon Will become more acute IN this
respec, az further cases are called
Originally Jefferson county people knew
rothlny Of the cases or the industrial
problem out Of which they arose, AHA
they cared little about the matter, but
tho f!ve-week blizzard case. the two
week Reverend Wilburn proceedings
and the 10 day John Wilhurn case have,
as thoroughly reported In the papers
and rs discussed with increasing full
ness and varying Interpretations. have
acquainted the community as a whole
with the question and every ono was
frankly surprised when the jury was
being drawn for John Wilburn TO have
one venircmcn declare he had road and
heard nothing OF the cases and barely
kNGW tnry were III phpSl'N' ~ "
rctained for the final jury. The an
nual list OF venir"men. drawn In Aug
ust. had to hc drawn IN June this year
because the 800 men drawn a year ar"
!ad hcen exhausted. II is foresecn tina;
tho now list will also he exhausted be-
fore any cases are concluded by res
son OF the ~prejudic"s which are do
vcloptng as grounds for elimination
Of tn" jurors. Tho court WAS asked
during TIL" second Wilhurn case 20 c.
,minnte fro mthc list. in os far as the
miner "a 500 are concerned. the venir".
men who were stricken by the defense
md the state from the lists of 20 clIci-
l!c ones that Ar" submitted 70 them
from which ~" IL final Jurors are
CHOSEN. The motion was made on tho
ground that NcniTcmen stricken once
Tor suspected bias would naturally ho
rtricken again II their names were
Included in tho lists Of %. and II this
rereatng process tho statutory right Of
tho dcf"nso 10 eliminate by strikes
would 10 curtaiicd. The court. how
ever. failed to MAX" any ruling on the