Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-06-20
THE WILBURN TRIAL.

HE WlL0ONN lNiAA.
The trial of Rev. James E. Will
burn, for murder, who is charged
with leading the band of armed
miners who shot and killed John
Gore, Deputy Sheriff, in the Logan
County mountains last August, oc-
cupied the Jefferson Circuit Court
last week.
The State put various witnesses
on the stand the first of the week in
their effort to prove the case against
Wilburn, and on Thursday rested,
when the defense proceeded with the
examinations of witnesses.
Isaac Wilburn, son of the Rev.
James E. Wilburn, of Blair, testified
for his father Saturday morning,
adding to the general defense testi-
mony as to the fear in the minds of
the Blair people before the Gore
killing that there would be repe-
tition of the raids" from the Logan
side like that on Sharples on the
night of August 9th, that many of
the residents sought protection at
points behind the line, that gas
bombs were dropped in and around
Blair and that airplanes flew over
the town.
Young Wilburn, who gave his
name as ike" and his age as "25
years, seven months and nineteen
days." said he and his wife sought
the mines for safety. His own porch
had been hit by a bullet, he said,
that penetrated a bucket and imbed-
ded itself in the porch just after he
and his wife had gone into the
house. He armed himself with a
double barrel shotgun for protective
purposes, he said. He was not with
his fathers party on the mountain
and did not see the party start from
Bair. Houses were shot by bullets
in Blair and he testified that his
father and family retreated to
Spruce Valley on the night of
August 20 because of the firing
around Blair. He recalled hearing
of the killing of Gore but knew
nothing about it of his own knowl-
edge.
Attorney General E. T. England,
of Charleston, who said he appeared
not willingly as witness and only
because he was subpoenaed knew
the reputation of the Logan deputies
to be one of hostility toward the
United Mine Workers and also knew
that the feeling was returned in kind
by the Union miners.
A. C. Porter, 46 years old vice
president of District No. 2, United
Mine Workers, serving under VIM.
Blizzard, who was acquitted of
treason three weeks ago Saturday,
said he made trip to Sharples on
August % the day after the Beach
Creek shooting in which two union
miners were killed, with Adjutant
General John 81. Charnock; he tes-
titled to the general apprehension
among the Blair and Sharples people
over the shooting on Beach Greek
clashes. The miners did not receive
favorably his advice to return to
work, he said. On cross examina-
ton Porter denied the principal con
tentions of the State as to the causes
of the excitement, centering about
the charge that the miners had arm
ed and banded together for an in
vasion of Logan county. He denied
knowledge of any patrolling of the
road in the Blair district on August
rs and 26 and did not think the
coming of the armed men from
Marmet, on Lens Greek, contributed
to the public excitement. Porter
plainly anxious in his enthusiasm to
tell the whole story, had great
difficulty in contenting himself with
categorical answers to attorneys
questions and the court had to inter
cede for counsel several time. Por-
ter is under indictment for treason
and his trial is set for this term,
the State developed on cross exami-
nation.
Luther Mostellar, of Blair, testi-
fled to the fear of the people there
over further raids from Logan, said
Wilburn had a good reputation in
his community, declared the general
reputation of the Logan mine guards
for violence and turbulence was bad
and that they were particularly
hostile towards the union mine
workers. He denied the United
Mine Workers had any deep hatred
for the deputy sheriffs.
Don Chain, high sheriff of Logan
county, whose scalp was one of the
acknowledged detectives during the
armed march, was in court. The
defense expected to use his testi-
mony as to the constitution and
functioning of the mine guard
system. Before he could take the
stand the defense offered to intro
duce the record of the evidence
which Chain gave during the Biz
card trial. The state objected to it
as irrelevant and the court sustained
the objection. By agreement of
counsel the testimony was recorded
from the Blizzard transcript outside
the hearing of the jury and Chain
did not take the stand personally.
In his Blizzard testimony the sheriff
SAID the money contributed by the
coal operators was to supplement the
county fund for deputies to carry
out the law, that these deputies were
regularly appointed and served un-
der him.
The same disposition was made of
the testimony of Walter R. Thur
mond, president of the Logan Coal
Operators Association. In the Biz
card case he testified the Association
members contributed over 10000
during the first nine months of 1921
to the sheriffs fund and over 100000
during 1920.
The court adjourned at noon Sat-
urday in order to give the defense
an opportunity to examine a group
OF eight or ten witnesses who had
arrived and some of whose testi-
mony, counsel announced, probably
would be unnecessary because it
would be merely accumulative.
The session resumed at $50 Mon
day morning and the defense put on
futher cumulative evidence center
ing about the following Outstanding
points of its theory:
The hostility of the Logan dep
uties towards union miners gen
orally,