The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-04-28
FIRST WITNESS
CLAIMS KEENEY
STOPPED MINERS
Continued from rage one.l
his proclamation Of martial law in
MinGo County.
Quaint Eorrn, tIse1

Quaint Forms Used
Men who bad observed court pro
ceedure in many states saw quaint
forms with which they we're unta-
miliar In the Circuit Court OF Jer
terson County yesterday. Whcr
the jury TO try William Blizzard
took the oath. Clerk C. W. ton.
rad. instead OF having the Juror.
stand with right hands upraSed
while they were sworn called them
to the front and administered the
oath while each Juror hcld his right
hand on the Bible. Ano:he" peeui-
arity in procedure was noted III the
summonses for witnesses and iur
ors which name 100 pounds
sterling" as penalty for nou.observ
Ing instead OF stating the fine ii
terms OF American money Much
Of the law and practice Of thi'
state was inherited from Virginia
and this unusual form Is a survival
Of pre-levoluuonary days In old
Commonwealth.
NAA6uklSH 9VlIGSd
Every preliminary waR out OF the
way, and the witness stand, not The
lawyers table became center d
interest today at tho trial OF vii
liam Blizzard. accused Of treason
against the state of West Virginia
The young mine union official, on
OF the fifty three against whom
this charge was brought, was tC
hear the first OF the evidence by
which the state seeks TO uphold III
allegation that those men planned
equipped and directed q march o
some 5000 men across one count!
and over the border of another
where during the closing days d
last August ard the early ones o
September the miners met state
and county forces and civilian vol
untecrs.
In opening for the state yoster
day A. M. Belcher preluded the
story. OF the battle In Logan Coun,
ty by brief review Of martial Law
further south in Mingo County
The state alleges that to overthrow
and nullity the martial law was on
Of tho purposes Of the armed
march and when court opened 4
was expected that some OF the wit
nesses would be those who coult
tell Of strike activities, subsequen
disorders and the martial law en-
torcement in Mingo.
Tho first move was agreemen
by counsel on n half dozen witness
es who would be allowed to rema:r
in the court room, the number in
GLIDING @. Frank Keeney and Fret
Mooney. principal officers OF dis
trlct II, who also have been In
dicted on the treason charges.
No sooner had the testimony OF
]. +. Stewart, the first witness
got under way than the fire Of OBJ
jectlons began. Tho witness was
asked about a group of $50 men
he saw on Lens Creek in August
1921. II. W. Houston objected
on the ground that the indictment
alleged an assembly, at Marmet
Judge ]. N. Woods let the OK
animation go on until'he could de-
terminc the exact relation he
tween the two places.
Tells Of mother" Jones.
Stewart. a union miner who
lives at Dry Branch, eight miles
from Marmet. said on his next
visit about 500 men, half of them
armed, were on Lens Creek, and
on a third visit, he heard Mother
Jones'" whom he described as
mother" Of the United Mine
Workers, address about 1900 per.
sons. She told them they were
violating the law and advised
them to go home. Stewart said.
I'm testitying against Mr.. Bill.
card now. didn't see Blizzard DE-
or say anything" the witress 10
terjected, when asked what hap
pened next.
Questioning brought out tina
Blizzard, Keeney and Mooney were
present and that mother" Jones
in her speech said she had teie
gram from President Harding.
Keeney Said, "Stop Them"
President Keeney OF the distric
union, in the hearing Of Blizzard
when he saw the man preparing Il
disperse said. "Stop them, the mes
sage Is a fake" Armed guards OF
the road challenged every one lcav
Ing the camp but allowed sigh
seers and others including himsel
10 return 10 their homes.
Stewart also testified that at {
meeting OF his local union 1t wal
voted to appropriate 5000, of which
R. p. EskIus, the treasurer. said
~ am going to spend this money
but you" have to guess what In
going TO do with It" Checks were
signed BY Eskins only, instead o
by three officers as required by thu
constitution, he said.
Judge Woods questioned the wit
ness as to how near Marmet thu
men were camped, and then rulet
there was no material variance al
to the place and admitted the evi
dence.
Cross Examined.
In cross examination, Mr.. Hour
ton asked about law suit be
tween Stewart and former finar
cial secretary OF the local, and the
union as to burial fund, but no de
tails OF this were brought out. Mr.
Houston also brought out that thu
witness went to Harper's Ferry
last night and there for the firsI
time conferred with A. NJ, Belchcl
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