Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-04-25

ed felony; and two, that the word
ing of the Indictment was too indefi-
mite to be proper, because from the
indictment one could not determine
just what overt acts had been COM
mitted by the particular defendants
which constituted treason. The at
tack on the indictment was made by
Attorney 7. C. Townsend, of Char
lesion. Replying for the State, At
torney A. M. Belcher, of Charleston,
said treason under the law is a dis
tinct crime and does not require the
use of the word traitorously and that
the word traitorously supplies all
that is necessary. Answering the
other charge he cited authority which
said that proof of the conspiracy was
evidence to be used against many in
dividuals who participated in the al
legged crime, and that it was unnec-
cessary to show the overt act of each
and every individual until after the
conspiracy itself had been shown.
Following are list of the defend
ants who are now in Charles Town
awaiting trial under the thirteen in
dictments, all but eight or nine of
whom are out on bail:
Velasco Carpenter, John Wilburn,
Ike Wilburn, A. J. Akere, Bert At
kins, Tolbert Atkins, Malcolm At
kins, VIM. Abbott, Okis Burgess, D..
c. Barker, John Block, Sam Burgess,
Frank Ball, F. c. Coleman, o. l..
Gibson, John Gore, 7. B. N. Gamble,
Trench Hager, Fred Hager, Charley
Hager, C. S. Hostetter, Earl Hol-
slime, ]. w. Jeffrey, C. H. Kiser, NJ.
V. B. Kirk, Alva Kinder, Denver
Render, Delbert Kirk, Lafe Clark,
John C. Cline, j. C. Cole, Okey Bur
CESS, Henry Cole, Arthur Davis,
Frank Duty, Haywood Edwards,
Wayne Elliott, Elsa Forrest, Jonah
France, billiard McNeeley, Porter O.
dell, Jessie Prater, Pedro Odell, An
dy Perdue, Martin Roop, M. D. Shir-
ley, Joe Rodee, John Stollings, J. D.
Sullivan, Cevil Sullivan, H. L. Lee,
Martin Luther, Ernest Mckenzie,
Clyde McCargish, John Moore, Luth,
er Mosteller, Clyde Massey, Ollie
McComes, Ben Martin, Henry Martin,
Alex Morgan, Frank Snyder, Ross
Hager, ]. D. Muncy, Walter Allen,
Dewey Bailey, Isaac Scott, J. w.
Blount, Romie Cooper, Lewis Brod-
dy, A. L. Estep, Chas. Jarrett, Red
Stevens, Berry Shepard, Dan Shu-
mate, Lucian White, Marion Will
hams, L. W. Wooton, Ray Williams,
j. w. Ward, Howard White, Ed. Wes-
terfield, c. F. Keeney, Fred Mooney,
VIM. Blizzard, A. C. Porter, Walter
Hancock, Charley Stump, James
Stump, Sam Sanders, Robert Shep-
pard, Frank Stump, Mike Whiting
ton, Frank Wilburn, Dana Miles, Ed.
Greene, Fred Abbott, Jim Ball, Dock
Trippett, John Brown, Lloyd Shultz,
Pat Crawford.
The prosecution was represented
in court by John 7. Porterfeld,
prosecuting attorney of Jefferson
county; John Chain, prosecuting at
torney of Logan county; A. M. Bel
cher, of Charleston; Forest w.
Brown and Geo. M. Beltzhoover, Jr.,
of Charles Town, and c. w. Ozenton.
The defense was represented by
H. w. Houston, T. C. Townsend and
Charles j. VanF,leet, of Charleston;
James M. Mason, of Charles Town;
L. P. Hager and L. F. Fulton, of
Madison, and Samuel Montgomery,
of Kingwood.
John L. Lewis, president of the
United Mine Workers, is expected to
reach Charles Town Wednesday.
A. D. Lavender, one of the nine
prisoners in custody, who was re-
Gently arrested, was released on.
$4,000 bail, yesterday.
Immediately after the commencing
of Court this morning, Judge Woods
adjourned Court until 2 o'clock, to-
enable him to read additional deci-
sions of the Supreme Court before
handing down his decision in the
matter to quash the treason indict-
ments.
At the meeting of Court at q
o'clock Judge Woods in a lengthy
opinion overruled the motion for the
quashing of the indictment, in which
he reviewed decisions of eminent
jurists on the question, and the laws
of the State pertaining to unlawful
assemblys, riots, &c.