Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-09-18
JURY OUT 48 MIN.;
NO Demonstration As
VERDICT IS RETURNED
Jury Specifies Evidence And
Witnesses 1t Believed.
BY G. c. MckOWN.
{ Special Correspondent

Walter Alien, Of Dry Branch,
was found guilty OF treason
against the state Of West Vir.
qinia at 4:36 this afternoon
when the jury. after consider
ing the case for forty-eiqht
minutes, returned verdict to
that effect through its foreman,
George w. Rouss. A recor-
mendation that Allen be sen
fenced to ten-year penitenti-
airy imprisonment was included
in the verdict, the jury being
compelled under the law in
event of guilty" verdict to
set the penalty between three
and ten years if it did not de-
sire to have the full penalty,
death, inflicted.
Allen heard the verdict with
out show Of feeling. He sat
calmly, almost indifferently, in
his chair near counsel where
he had sat throughout the
hearing. A corrected verdict,
to conform, to the law. was
written and acknowledged by
the jury, and the motion in ar
rest Of Judgment, set aside the
verdict and grant new trial
was made, to be argued later.
Bond was authorized by the
Court in the sum of $4,000
and in the immediate inabil-
ity of Allen to give the bond,
he was remanded to jail. He
remarked to an acquaintance
as he passed down the steps
that II was no use to worry
then-it was all over.
Verdict No Surprise.
The verdict came as no sur
prise to the public which had fol
lowed the trial. It was general,
believed, both because the Cour
had restricted materially the
ground necessary for the state t.
cover in its proof, and the ruin,
that mere presence in Logan ccun
ty in body and sympathy with tn,
armed forces might constitute the
required overt act, that the less
severe guilty verdict would be
returned. few. if any. anticipatin.
the limit OF the penalty. Allen ad
mitted his physical presence in Lo
gan county but denied he wa,
there for any reasonable purpose
The jury was required to answer
three special interrogatories t.
support its findings, and its an
sWers indicated how it reasoned
For the overt act it said it founc
him present with the armed
forces, for the date it gave "be
tween August 20 and September
A.: for the witnesses whom dt be
lieved it gave Sam NARROW. Law
renee James, Thornton Pauley and
Walter Blount'.
There was no demonstration
when the verdict was read. The
courtroom was only half filled
many of those who had stayed tC
hear the closing arguments leaving
when the jury retired and not re
turning. Others stayed for a few
minutes while the jury was out
but when their absence began tc
indicate they We're having difficult
ty reaching verdict many Of the
spectators left. The jury was out
only fifteen minutes before it call
cd for the instructions and inter
rogatories.
First Treason Conviction.
William Blizzard, of St Adams
who was acquitted of the same
charge of treason last May after a
fyeweek trial, was in the court
room this afternoon when the yerd,
let was read. Mrs Blizzard, Mr.
and Mrs. Fred Mooney, Of Charles
ton, the former secretary-treasurer
Of District No. II, United Mine
Workers, and number Of other
union men, most OF them under in
lictment for their alleged connec-
ton with the armed march out of
which the Allen proceedings also
arose, were present also.
Defense counsel indicated their
to appeal the case
promptly in case a new trial is not
granted on their motion when it is
argued. They contend that the
mere presence finding of the jury
as constituting the necessary
overt act" will not be upheld by
the supreme court and will be the
basis for a reversal
The Allen case lasted three
weeks. 1t was late in starting, the
of the defense to &c its
witnesses causing a delay
Of week at the beginning and end
ing in the Dispatch Of a special mes.
senger from the Court to the coun-
ties where the needed witnesses
resided with authority and instruct
IONS to bring the witnesses in at
the expense of the state. The evil
however. was rapid
after the case actually opened
The state used more than eighty
and the defense about
half that number, including the
defendant himself. Admitted his
presence at Marmet. the gathering
place OF the marchers, on two occa
sions although not on the day the
march actually started; and he
said he passed through there All
gust 26, after the march actually
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