Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-08-15
TRIAL OF JOHN WILBURN
UNDER WAY.

TRIAL OF JOHN WILBURN
UNDER WAY.
The trial of John Wilburn.
charged with murder in connection
with the killing of John Gore in the
Logan County mine troubles last
August, is now. under way in the
Jefferson Circuit Court.
Inc jury was selected after a
good deal of questioning of the
prospective jurors, and the opening
statement for the State was made
by Attorney Belcher on Saturday
morning. The jury as finally en-
panelled and given into the custody
of the sheriff and deputies follows:
]. W. Fadley, Halltown, farmer;
H. G. Moffatt, Rippon, farmer; R. J..
Orndorff, Charles Town, carpenter;
Frank Gardner, Leetown, miller
Edgar Osbourn, Kearneysville,
farmer; ]. J. Wysong, Charles Town
farmer; J. W. Lynch, Haltown, farm
er; G. N. Lynch, Shepherdstown,
farmer; j. A. Hendricks, Shepherds
town, farmer; E. E. Fur, Charles
Town, cooperage manufacturer; C.
J. Miller, Kearneysville, farmer
John C. Kanode, Rippon, railroader.
The men stricken from the panel
or otherwise eliminated were:
Harry ?. Licklider, Shepherds
town, implement dealer. Stricken.
George D. Goetz, Ransom, leather
goods manufacturer. Stricken.
W. T. Mcdonald, farmer. Dis
qualified.
]. Henry Dutrow, Jr., Halltown,
farmer. Disqualified.
William P. Phillips, Charles Town,
banker. Disqualified.
Charles T. Engle, Charles Town,
former sheriff. Disqualified.
E. D. Conkyln, Charles Town, far
mer. Disqualified.
F. L. Jordan, Charles Town.
Excused for sickness.
Frank B. Robinson, Ransom, cold
storage proprietor. Disqualified.
w. H. Leight, Middleway, farmer,
Stricken.
Leo O'Byrne, Harpers Ferry, mer-
chant. Stricken.
G.. R. Langdon, merchant.
Stricken.
Marshall Burns, Charles Town,
farmer. Stricken
R. w. Dunaway, Charles Town,
merchant. Stricken
John B. Brazier, Charles Town,
brass manufacturer. Stricken.
j. Henry Dutrow, Jr., of Hall
town, was disqualified for the sake
of removing the least ground of
suspicion about the jury, the Court
said in dismissing him. Dutrow
was accused of having made a re-
mark in the court room during the
Rev. Wilburn trial to the effect that
"all the miners should be convicted"
Paul B. yesterday, of Charles Town,
on the stand, testified that Dutrow
made the remark and made it to
him. Dutrow denied it, and Mrs.
Dutrow, who was with Dutrow at
the time in question, was summoned
and on the stand swore she did not
hear any such conversation although
she would not swear it had not oc-
CURED. The Court explained that
technically speaking the converse
ton had not been established but it
thought it advisable to eliminate the
juror and select another absolutely
free from question in order that
there might be no hint of criticism.
In his opening statement Attorney
Belcher sketched the industrial
trouble in the state dating back to
1920 as involving Mingo county
where strike was declared at that
time and out of which grew a state
Of war which consequently drew
from the governor a declaration of
martha law for that county under
which some union miners were ar
rested and jailed. The march of
armed miners last August, according
to Attorney Belcher, was for the
purpose of overruling this martial
law, killing the deputies of Logan
county, freeing the prisoners in
Mingo and unionizing Logan coun-
ty. To this effect there was
general arming of union miners who
gathered at Lens Creek on August
"a and subsequently marched tow
ards the Logan border. A defense
organization was set up in Logan
county, he said, by the sheriff and
the governor and involving several
thousand men.
Attorney Belcher related how the
band of armed miners under the
leadership of Rev. Wilburn left
Blair on the afternoon of August
80, camped on the mountain that
night, and early the next morning a
part OF this company met the Logan
deputies. When they saw the dep
uties the miners were invited by
Deputy Gore to proceed which they
did, according to the states side
Then one of Wilburn's men asked
the deputies for the pass word which
Deputy Gore declined to give at first
but later did give it when the armed
miners insisted. This password was
Amen" As soon as Gore gave the
password the state said it would
prove that John Wilburn one of the
party, he exclaimed "Amen, hell"
and with the exclamation immediate
ly shot at Gore. Gore sank to his
knees trying to get in a position to
return the fire but before he could
ire he was shot down by others.
Two other deputies with Gore were
wounded and subsequently killed by
fire from the armed miners. At
torney Belcher also related how one
OF these had been shot down in cold
blood while begging for mercy.
After the murder the state said i'll
would show that the bodies were
robbed and that later John Wilbur
was found possessing the rife of
Deputy Gore which he exhibited to
a number of friends boastingly. de-
caring he would not take SIS, 1000 for
It because he wanted to keep it as a
souvenir. The stock of this gun
showed scratch made by a bullet.
the attorney declared. After the