Evening journal., 1922-04-26
Miners TRIALS
LIKE BURR'S
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tor to the American government
under Thomas Jefferson. This be-
came known definitely today as the
court met, in preparation for trying
the first Of the Logan county mine
war treason cases that against
William Blizzard. president of the
United Workers Organization in
Sub-District No. 2.
The greater port of the day ap-
peared likely to pass in obtaining a
jury. An extra panel of % men has
been drawn.
Before the drawing could start
however, the prosecution had to
submit its bill of particulars"
against the defendants-as demand
ed by the defense and allowed by
Judge ]. NJ. Woods. Each of the
miners also will have a separate
trial as demanded by the defense.
The bill OF particulars" was re-
quired to show:
l. What particular overt acts
were committed by the defendant,
for instance in the first case of Biz
zard, naming the time and place Of
the alleged act.
2. Whether or not the State con-
tends that the defendant was pres
ent in person at the commission of
the overt act or whether he advised
the commission of such act. In both
cases the State must designate the
place where the alleged Illegal &C
ton occurred.
Provided this bill proves satisfac-
tory the defense was ready TO pro-
coed with the drawing of a jury but
II intended to make a demand for
the names of State witnesses first.
Assuming that the State answers
the questions asked the defense then
has the ground work for proceeding
along the lines OF the Burr case.
Burr, enemy of Jefferson. who came
within a vote of having Jefferson's
Presidential seat was accused of
raising an army designed to over
turn the government. The trial pro-
ceeded to the point where It devel-
oped that Burr was not on Blenner-
hassett Island, West Virginia, as
sembly place OF the alleged traitor
army at the time OF the alleged overt
act-the actual arming and outfit
ting of the rebels.
Burr's defense counsel then moved
that all testimony be stricken out.
The noted Chief Justice Marshall
granted that motion and instructed
the jury to return a verdict of not
guilty. This was done and there
after jefferson sought TO have Mar
shall impeached.
In the miners cases, the defense
the defendants were not in
Logan county at the time of the
of the alleged overt acts
tho march Of armed miners into
the county, and. relying on Mar
shalps ruling, it will move to take
evidence from the jury If it can prove
It's point.
The defense will say, as was the
case with Aaron Burr, that there
was no treason in the course Of the
miners leaders unless they actually
participated in the march and in the
overt acts charged by the state. It
will contend that the defendants
committed nothing worse than a fell
ony, even II the state should show
completely in planning the march.
1t is apparent the trials will be a
long drawn out legal battle. Should
each of the 1875 or more cases come
to trial It would require nearly
year to dispose of them, it is esti-
mated.
In the Blizzard case. the prosecu-
ton claims he was an actual leader
of the "Insurrectionists" and trait
ors"
Billiards. defense. the United
Press learned. will be that-if he was
present at all and the defense does
not yet admit this-he was trying to
turn back the angered minors from
their march. Blizzard is a mild
hammered and neat-appearing chap
of % years and the father Of two
children.