Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-05-19
TREASON TRIAL GOES
ON, JUDGE DECIDES
Charles Town Court Refuses to
Direct Not Guilty Verdict
for Miner.

Charlestown. w. Va, May H.
Judge J. NJ. Woods today overruled a
motion 10 dkect verdict of
not guilty in the case of William Biz
xard, youthful mine union Official
the armed march last summer against
Logan county non-union stronghold
In the coal fields of tho state.
Judge Woods on tho other defense
motion limited the State ae TO the
overt act on which IL relied To con-
Wet the defendant to his presence with
tho armed marchers In Logan county
Taking up, one by one. In his de-
cision. tho principal points advanced In
tho arguments. Judge Woods held
fret that there had bcen evidence sur
f,cient for confederation by tho jury
that war existed and had been levied
by the armed mon.
He also reviewed tho argument that
treason against q state wns impossible
because of the division of authority
between state and federal govern
| mcnts and held that this position could
not bc maintained
In answer to a question by G. J.
Vanflect. the court ruled that the al
legation that Blizzard furnished arms
| and ammunition TO tho fighting forces
| could not be considered as an overt
act. on the ground that there were not
two witnesses to this.
TO another question he replied. the
evidence of other things wac rot ex-
cluded an to the general aspect OF
| The case.
Declaring that Il was necessary Ia
determine whether the purpose for
levying war was private or against
tho state. the court held that If the
purpose were to coerce the govern
ment or the state TO adopt or aban.
don any public policy Il would be wal
against the state and would be treason
| What the purpose was. Judge Woods
ruled. ought 10 go to the Jury for dc
termination.
IL the purpose waa reasonable he
alro held II did not matter whether tn,
forces that were armed In Logan coun
~ were raised in accordance with re
quiremcnts for raising the militia.
As to whether the evidence pre-
scented by the state was such az Il
impllcete Blizzard In tho march, an,
its purpose. tho court ruled that con
ferences between Blizzard and his con
federetes In Kanawaha and Boon,
counties was proper to go to the iur,
on the general aspects OF the case
but none of his acts except those II
Logan county could be relied upoi
az the overt act.
The only overt act. he said. OF
which the state could rely to convic
Of treason. was tho defendants pres
ence with the armed forces In Logai
county.
There had been no evidence.
ruled. to support the allegation tha
the march was To- deprive people {
protection of tho laws. and the cbarg
twas too general. To release prisoner
could bc merely a private purpose.
, taken by Itself. and not In connectio
with tho purpose TO overthrow marti,
law In Mingo county. no also he'll
Tho allegation that tho purpose Wa ,
take possession OF Logan and Ming
counties. also. hc said. was too vagr
and equivocal and there was no ev
denoe TO support It.
Something has been said in the nj
guments that this was matter b.
tween employer and employees. a lab,
; war" Judge Woods continued, "ar
: that the court ought not to consid.
: such a struggle a. treason against Il
state. If that were all there we're
!. this case the contention would be CO
h rect. But If in n conflict between lab.
II and capital. as we often speak of
I either should overstep the law ar
: commit crime the court cannot igno
Y llt.