Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1922-11-02
ohpdstow Jefferson County, West Thursday November 1922
INTERESTING PROCEEDINGS :.

INTERESTING PROCEEDINGS.
There have been sensational and in
tereStng proceedings in the Jefferson
Circuit Court the past week in connec.
ton with the trial OF G. Frank Keeney.
rlne union district president, whose
case was moved here from Logan
county. Counsel for keeuey last
week moved for another of venue. pre-
ScnTlng ahidavits from sundrv eit,-
zcns Of Jefferson county To the citeo;
that he would not be able TO secure
a fair trial here. The prosecution on
Monday submitted a mass of afidavits.
supported by argument opposing tho
second change of venue for KeeGey
7 It's afidavits included denial by Sc.
eral members of the William Blizzard
treason jury of the charge by the de-
tense that Sheriff W. o. Macoughtry
had been active in any way i'm innuenc-
! ing the jury in its deliberations. This
defense was supplemented by affdavits
from eight jurors in the Rev. /. Z.
Wilburn case, all the Jurors in the
John Wilburn case, and in the Walter
Allen case, declaring that they at no
time observed any improper activity
on the part of the sheriff or his depu-
ties. In addition the State submitted
| a blanket affidavit signed by more than
$50 Jefferson county residents who de-
clared they knew of no prevailing pre-
ludice in the county, and expressing
their belief that Keeney could and
would get fair jury and a fair trial.
Attorney Belcher, for the prosecution,
also read extracts from literature that
81
this county for the purpose of Great
ing a sentiment favorable to the min
erS.
Counsel for Keeney took new tack
on Monday, when they asked Judge
Woods for temporary Injunction 10
restrain the Logan County Coal Oper-
ators' Association; its president, w. X.
Thurmond; its secretary, J. w. Colley :,
| Sheriff Don Chafn and designated
deputies of Logan county; Sheriff w.
o. Macoughtry of Jefferson county,
and II member corporations of the
Logan association from continuing
their financial subsidy for the prosecu-
ton OF this and companion miner
cases and exercising through counsel
employed by the coal corporations a
controlling direction of the prosecu-
! ton.
The petition alleged that the coal
! operators are financing the proceed
ings and directing the trial, and claims
! that the State is not properly repre-
! sented. The petition asks that exami-
nation be made into the activities Of
the operators and that those interested
IN the prosecution be required to show
how much money has been expended
and to give a correct account of re-
ceipts and disbursements.
The court took the injunction appli-
cation under advisement.
A startling sensation was sprung in
I the court on Monday by Colonel For
rest w. Brown, of counsel for the
State, in showing that the defense
has not been idle in its activities 10
influence jurymen. John C. Elliott,
Of Charles Town, on the panel of
Jurors called to try the Keeney case,
had told an interesting story, to this
effect: He said that some days ago
he was called up on the long distance
phone by Samuel J. Moore, Of Charles
ton, formerly of Charles Town, who
asked him to come to Washington and
have talk on an important business
matter, saying that he would be paid
fifty dollars for his trouble. Mr..
Elliott arranged to go to Washington
and was met there by Mr.. Moore, who
made plain his proposition. II is said
that Mr.. Moore handed over to him the
fifty dollars that had been promised
him, and then told him that IL he got
on the Kecncy jury and would hang
the jury in case il was inclined to re-
turn verdict of guilty, that $3.50
more would be given him-or il he
preferred it he could have a thousand
dollar automobile. Mr.. Elliott told him
there was "nothing DOING" and went
back home and told Col. Forrest w. |
Brown, of counsel for the State, OF
the occurrence. He made affidavit
to the facts, and the defense was taken
aback on Monday when Colonel Brown
read the affidavit in court and made
vigorous comment on the same.
When court convened on Tuesday
Judge Woods gave his ruling on the
question Of change Of venue. He
said that affidavits submitted by the
defense showed that substantial pre-
judice prevails in Jefferson county, and
expressed his belief that il would be
difficult to find a jury which would
guarantee fair trial in the face OF
the public opinion that is charged
with being hostile toward the miner
defendants generally and the union
leaders particularly. The court re-
iected the suggestion that jury drawn
from another county be impaneled
here for the trial. "A jury should be
in a position to give the benefit of
doubt to the defendant and should not