Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-07-04
COURT ADJOURNS UNTIL
AIJCIJST


cases treason, murder ank con-
spiracy-went into a recess last
Wednesday morning until August
7th following agreement, initiated
by the court, Tuesday afternoon be-
tween counsel to take a breathing
spell and give the farmers an op-
portunity to harvest their crops be-
fore they are called for further in
definite jury duty.
In short session Wednesday
morning odds and ends incident to
preparing for the suspension were
disposed of and there was a complete
exodus of counsel and witnesses. not
to return until the first Monday in
August, after harvest season and
also, incidentally, after the State
VIDE primary is over. Adjournment
at this time. without disposing of
John Wilburn murder case, COM
panion to that of his father who
was found, guilty Friday, June 23rd,
OF second degree murder, came as
distinct surprise and was due to the
almost unanimous request of farm
ers, composing the majority Of all
juries called in this county, for re-
lief from jury service at this time.
The defense based its motion for
new trial in the Rev. James E.
Wilburn case on two grounds: First
alleged error by the court in per-
hitting the jury to consider state
ments made by persons other than
the defendant after the killing and
concerning property exhibited at the
time of the statements and alleged
to have been taken from Deputy
Cores dead body; second, an affida-
Wit presented in support of the mo-
ton in which James F. Mason and
A. G. Grubb, Jefferson County resi-
dents, swear that James D. Kemp,
Of the Wilburn jurors, said in the
store of c. R. Langdon at Myers
town, this county, during the Biz
card treason trial, that the Miners
would not get their dues until every
one was hanged"
The state filed counter affida-
Wit from Kemp himself and also an
exhibit of his examination on the |
voir dire.
The court said it would take the
motion under consideration and rule |
on it August after examination of |
the record, instructions and authori- |
ties.
The court directed the State to in
dictate to the defense within the next
10 days what case it would take up
on August 7th. The John Wilburn
case would logically take priority be-
cause it was scheduled for hearing
last week when adjournment came /; |
but the state limited generally that
1T might take up some other case
when consideration of the miner
trials is resumed.
Poverty of some defense witness
es will make it necessary, it was
announced by counsel for defense,
in some subsequent cases to issue
attachments and require the state to
bring the witnesses to Charles Town
and pay the costs. The state an
nounces that it would oppose any
such proposition. Judge Woods re-
marked that it would evidently be
necessary for the defense to get its
witnesses here in some way and said
he would study the question at his
leisure and pass on it before the |
opening in August.
The state made an effort to get
Jesse Prater one of the murder de- |
PENDANTS, whose cases were trans |
ferred here on change of venue
order, returned to Logan county |
where another murder indictment |
faces him. The court, however, de-
cllned to let Prater get out of the
courts jurisdiction here.
The court refused to grant bail to
seven murder and other defendants
now in Jail here, explaining that it
thought "the court ought to go slow"
in extending bail where it had been /
refused before, as had been done in /
these cases in Logan county. Judge +
Woods added, however, that it would I
involve only slightly more than
month of additional Imprisonment
before the trials are resumed and
also explained that twas his Gus
tom to take into consideration when I
sentencing convicted men the length
OF time they had served in Jail be-
fore trial.