The New York herald., 1922-05-07
SAYS MINERS AIMED
TO RULE WITH GUNS
Coal Operator Charges Plot to
Seize Mingo and Logan
Governments.
HOT EXCHANGES IN COURT
Court Excludes 'Sharples Incl
dent in Which Two Union
Men Were Killed.
HOT EXCHANGES IN COURT

Special Dispatch to THE New YORK HERALD.
CHARLES 2 )wN, w. Va, May e.--"The
Sharples incident" an important feature
of the armed miners march, In which
two union miners were killed and three
wounded, during a clash with State
troopers and Logan county deputies on
the night Of August 27 last, us the
pivotal point in this case" declared j.
NJ. Mason, Jr., one Of the defense coun-
sci in the trial OF William Blizzard, to-
day in support of motion to permit
witness to testify as to his knowledge OF
the Sharples affair.
AS on a half dozen previous occasions
the court ruled that sufficient founda-
ton has not been laid UP to the pres
ent for the introduction of the incident
az an integral part of the charges.
The dispute Of counsel caused by the
attempt IA bring the incident" into
the days record with rapid fire clash
between 4. E. Richards, coal operator
OF Blair. and the counsel for the de-
fonse, featured the half day session
Of court to-day.
Victory for state.
The courts ruling In the Sharples
incident was accepted as a victory
for the State. The defense has con-
tended that there were two distinct
marches of miners, the first ending at
Danville after President Keeney had
urged the men to turn back on August
% many OF the men acting on his ad-
Vice. and that the second was caused
by the "Sharples incident" and did not
begin until after that affair.
The defense contends that the State
officers raid, unjustified, infuriated the
miners and made them think there was
no protection for their families and
that they started the second march
in selfdefense. The State argues that
the march was uninterrupted and that
the eKeney speech at Danville was not
intended to be taken literally, was not
obeyed generally, that the men
marched, with few exceptions, toward
Blair after the speech and that the
mob in Blair continued to grow, re-
gardless of the "Sharples incident"
The defense asserts that the first
army march ended when Keeney re-
quested the men to turn back, atter
he had conferred with the Federal Of
the Federal forces came into the field.
as 1t was intended, and that the min
ers were satisfied with the presence
! Of the Federal troops, as this was the
! only protection they had.
! Repeated refusals of the court to ad-
NIT the "'Sharples incident during
| cross examination is taken TO indicate
that the defense to get this matter into
the record will be forced to introduce
a. fttrftt he
| treason charge, q measure which the
defense counsel had hoped to avoid.
\ The argument between Mr.. Richards
and the defense attorney was heated
Asked directly what he considered the
primary purpose of the miners march
Mr. Richards parried the question by
telling counsel the latter knew as well
as he did which brought from Attorney
Townsend the retort that Mr. Richards
and not he was testifying. Asked q
second time, Mr.. Richards stated that
he thought the men intended to sieze
the officers in Logan and Mingo coun-
ties on the theory that the law had
broken down there; that they intended
to use force and rule with guns II
necessary and that it was their purpose
to have a "mopping up" gang come
later to organize the counties.
Reading TO him his testimony given
before the Kenyon Senate Committee
Mr.. Townsend asked Mr.. Richards
whether he had testified that the
miners purpose was merely to organize
the miners employed In those counties
and Mr.. Richards finally stated that he
thought such was the case at that
i time, but that now he was not so sure
that the miners had started out tc
murder II necessary and that he was
not the man 10 guess at the motives oi
murderers He declared he had heard
miners declare the Federal forces wer,
the only ones which could cope with
their forces, adding that "the Fedora
forces I'D cope with them successfully
| which drew the comment from the de
fense that they had 'also found some
! other forces who could cope with them.
Judge Woods has arranged to heai
arguments and evidence next Tuesday
night at n special session on n motion
to admit eight miners 10 bail. Thes'
men are still in Jail. They are regarded
by the State as being chiefly implicated
in the murder OF Jim" Love- and thei
release on bail will be opposed. II tn
evidence against them, which Judg,
Woods says he must consider Is suf
ficient to convince him there Is reason
able certainty OF their guilt. it is as
sumed he will not admit them to bail