Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-10-31
KEENEY TRIAL SLOW GETTING
UNDER WAY.


Renewing his efforts to compel the
elimination of alleged private in
terests" from the States prosecution
program, c. Frank Keeney, mine
union president, on trial here for his
alleged connection with the march of
armed miners against Logan county
more than a year ago, yesterday
morning asked Judge j. M. Woods to
grant a temporary injunction.
He wishes to restrain the Logan
County Coal Operators Association;
its president, w. r. Thurmond; its
secretary, J. w. Colley; Sheriff Don
Chain and designated deputies of
Logan county; Sheriff w. O. Mac
Coughtry, of Jefferson county, and
N members corporations of the
Logan association from continuing
their financial subsidy for the prose-
cution of his own and companion
miner cases and exercising, through
counsel employed by the coal cor
porations, a controlling direction of
the prosecution.
An immediate application of the
move was made when the defense
objected to having Attorney A. NJ.
Belcher appear for the State on the
ground that the State was not speak
ing, but the Court held that his ap-
pearance was proper and heard argu-
ment from him on the opposition of
the State to Mr.. Keeney's motion for
a second change of venue.
The Court took the injunction ap-
plication under advisement. Argu-
ments on the venue-change applica-
ton were scheduled for yesterday
afternoon, but the defense asked
further time to examine the affidavits
submitted by the State and the argu-
ments were deferred until morning
In its injunction application the
defense declared specifically that it
did not seek to restroom proper State
prosecution, but merely wanted to
eliminate the private influences, f.
nancial and directive, which have
made the prosecution essentially
private persecution" The partici-
patton of Prosecuting Attorney John
T. Porterfeld, this county, in the
present case after an order from the
court directing it, the defense term
ed "a mere pretext to give color to
the prosecution" and that the
States interest in the prosecution is
merely nominal" The application
followed generally Mr.. Keeney's
motion of a week ago when he OBJ
jected to going to trial because, he
alleged, the State was not repre-
scented.
The state through Attorney A. NJ
Belcher answered the petition of
Keeney submitted last Tuesday for a
change in venue. The state read
from literature which it said had
been circulated throughout the coun-
ty for the purpose of influencing the
people of the county to the side OF
the miners. 1t also introduced an
from John G. Elliott, of
Charles Town, who said that he had
been approached by Samuel Moore,
of Charleston, formerly of Charles
Town, who had offered to give him a
sum of money if he
would hang the jury for Keeney if
drawn for service. The affidavit de- /,
clared that Elliott would have moth
ing to do with the proposition. 1t
was also alleged that Moore inquired |
of Elliott as to whether Warren Kiss !
ler, of Charles Town, had been
drawn on the jury panel. This meet
ing between Moore and Elliott took !
place at Moore's instance in Wash !
ington, the affidavit said.
Affidavits were submitted from
a number of the members of the
Blizzard treason jury which deny the
charges made in affidavits given by
the defense last week alleging that
Sheriff Macoughtry had been active
with that jury for a conviction of
Blizzard. H. H. Hendricks, one of
the jurors. who was alleged to have
been approached by the sheriff de-
MED the charge and testified that he
heard or saw no activity by the
sheriff which was improper or which
in any way might have Influenced
the members of the jury. D. B.
Shoemaker, foreman of the Blizzard
jury, I. S. Haskell, a member of the
same jury, testified in affidavits to
the same defense of the sheriff.
Eight members of the jury in the
Rev. J. E. Wilburn case, all the
members of the John Wilburn jury
and all the members of the jury in
the Allen treason case have signed
general affidavit denying
any activity on the part of the
sheriff or his deputies to influence
them in any way during their con-
sideration of the evidence in the
casesnamed.
In addition, the State submitted
blanket affidavit, declaring that there
existed in Jefferson county no pref
udice which would prevent Frank
Keeney from securing fair jury
and fair hearing, signed by at least
$50 or $50 residents of Jefferson
county.
Upon converting this morning,
Judge Woods adjourned court until
2 o'clock to give him further time to
consider the questions involved.
Al