Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1922-10-26


county are making strenuous efforts
to save G. Frank Keenev, IRE sidcnt OF
| District No. IL, United Mine Workers.
indicted tor treason and murder,
whose trial was 20 have begun in the
Jefferson Circuit Court On Monday
last. They have exploded several legal
bombs in court that have caused con-
siderable consternation
when court convened on Monday At
torney l. {. Townsend, representing
keency, objected 10 his client going on
/ trial Tor the following reasons:
mat the state in this case is not
represented by either the prosecuting
attorney of Jefferson county or the At
torney- General of West Virginia. bu,
is represented solely and exclusively
by private counsel employed by tho
Logan Coal Operators Association
and other private interests; that the
said attorneys have not taken anv part
IN the former cases that have already
oeen tried; that the attorneys who
nave tried the cases have been paid
by the coal operators and other pri-
Nate interests; that the Governor of
! west virginia has not requested the
! Auorney-General TO take charge of
these cases; that witnesses who ap.
peared against the defendants were
paid by private interests; and so on.
Inc ninth point made by Attorney
townsend, casting aspersions upon
Governor Morgan, is as follows:
That having its inception in the
candidacy of Hon. Z. F. Morgan, for
Governor, a widespread and far-reach-
ING conspiracy was entered into be-
tween the Hon. Z. F. Morgan and per
sons representing him directly or in
directly, and certain coal operators
IN Southern West Virginia. one of
the purposes of said conspiracy being
to prevent the further spread of un-
ionlsm into the unorganized coal fields
OF Southern West Virginia. and 10
crush and destroy unionism where il
already existed; that in furtherance of
said conspiracy certain coal opera
tors in Southern West Virginia con-
triouted large sums Of money for the
purpose OF nominating and electing
the said T.. r. Morgan Governor OF
west Virginia; that in furtherance of
saio conspiracy the prosecution OF this
defendant is now in the hands of pri-
vate counsel who are paid from the
same general sources that contributed
funds to debauch and destroy the bal
lot in West Virginia"
"Contemptible falsehood" is what
Governor Morgan called T. c. Town.
sends assertion that the Governor
was party to conspiracy to check
unionization OF the West Virginia coal
fields. When shown Mr. Townsend's
statement Governor Morgan declared
hot tHa oh 4.
representing him had entered into a
conspiracy to prevent further spread of
unorganized coal fields in Southerh
west Virginia and to crush and de-
stroy unionism where il already ex-
isted was contemplate faIsehood,
and that any person who charges that
he was or had been under special
obligation to the coal operators is
either grossly mistaken or mendac-
| ious falsiher.
When court convened Tuesday MORN
ing Judge Woods over-ruled the OBJ
jections to going on trial on the ground
that the State was not represented In
the prosecution, although the court did
sustain their motion to the extent of
directing Prosecuting Attorney John
T. Porterheld, of Jefferson county. TO
associate himself with the conduct of
the case. At the same time Judge
Woods explained that MI Porterfield's
failure to appear previously was due
partly to the courts own advice to him
that II was a matter left 10 him and |
Prosecuting Attorney John Chain. OF |
Logan county, the latter of whom has |
been present in all the cases.
The defense thereunon made mn |
tion for change OF venue in the |
cases, giving as the basis for this de-
mand the following points: That |
Keeney's evidence will be largely that
presented in the four previous cases:
that Sheriff w. o. Macoughtry, of
Jefferson county, attempted to in
huence jurors in the Blizzard case
that a campaign of propaganda had |
been put on by the coal operators pre- |
judicial to the United Mine Workers !
generally and to Keency, their pres |
ident, in particular; participation of
privately employed counsel in the pros
ecution; lack Of funds on the part of |
witnesses to make the long trio to
Jefferson county; general prejudice in
the county.
In support OF the charge OF general
prejudice in the county, Attorney |
Houston, Of counsel for the defense,
read affidavits from Nelson r. Roberts,
president of the Jefferson County
Court; b. D. Gibson, attorney; DR. |
Samuel T. Knott, county commission !
er; Chief OF police James A. Smith, |
Magistrate n Y. Sheetz, former Sher- |
iF c. 7. Engle, James NJ. Mason, and !
others. imputing general prejudice, ac-
cOrdinP 10 the natural svmnathies NJ !
the individuals for fellow-employers !
or fellow-employees, which has split
"the schools, churches and homes"
touching at times counsel for the de- |
fense, declaring that the trials have |
kanI. IL. I. 4 :.