Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-08-08
WBlRN DEFENSE WITNESSES BROUGHT TO COURT AT STATES EXPENSE
Unable To Pay Own Way,
Court Summons Them
No Court Pending Arrival
(By G. c. MckoWn)

Charles Town. August S.-Thirty.
one witnesses for John Wilburn, %
years old, Of Blair, W. Va, schedule
ed to 60 on trial here on charge
of numbering John c. Gore, deputy
sheriff. of Logan, last August 81.
have been ordered brought here at
the expense OF the State as soon az
rules and attachments from this
court. to he answered forthwith.
can be served on them In Boone,
Logan, Kanawha, Mingo and other
counties.
The defense yesterday afternoon,
after finding that only one of the
Witnesses summoned reported here
when the case was called, explain
cd to the court that the other wit.
nesses had failed to report because
they were financially unable to pay
their way; and the defense asked
the court to issue the rules and at
tachments so that the witnesses
might be brought at the expense OF
the State. The defense explained
that most Of the witnesses concern
ed had been without work for some
months and that they were literal
ly financially broke" The court
Immediately directed the orders to
he issued explaining that the de-
PENDANT had right to his witnesses
even II the state had to pay the
costs. The defendant declined to
announce himself as ready for trial
until his witnesses are present.
Included in the list OF witnesses
so summoned are Ike Wilbur. .
brother Of the defendant: his wife,
Lola Wilburn, and his two sisters.
Nancy and Stella Wilburn; Hay
ward Edwards, Sam Copley, Dewey
Copley and jeff Workman, all OF
whom, except the sisters, were
Aere for the trial OF the Rev. James
e. Wilburn, Johns father. in June.
Realizing that service on the
processes would require several
days, the court yesterday afternoon
excused the jurors called for the
case until further notice This
morning court was In session for
only n few minutes, merely long
enough to permit OF the filing Of a
supplementary list of twelve desir-
cd Witnesses for the defense The
court directed the officials to adj
wise II as soon as any word was re-
ccivcd as to the services on the
witness orders 50 that tho jurors
might he summoned to return
promptly in order that the case
might be resumed.
1t Is doubted in official circles
whether the jury will be selected
This week. Assuming that the pro-
cesscs are issued Immediately, il
was questioned whether all the wit.
nesses listed would be found or
would come If found, and then arosa
again the question OF how Wilburn
could be compelled to 20 to trial
without his Witnesses. In any ev-
ent, it was hardly expected the re-
turns on the processes would be re-
ceived before the latter part OF the
week which would defer the actual
opening Of the case until the first
Of tho week
Wilhurn was in court yesterday
afternoon for the first time but was
not arraigned and will not he ar
raigned until he is ready with his
Witnesses for trial. He is a young
fellow with a clean cut face and a
clear eye and countenance that
bespcaks determination. He con.
ferred with his counsel as to the
witnesses whose presence would be
absolutely necessary.
The testimony against Wilburn.
It was indicated today. will be prao-
tically that used against his father
who was found guilty OF second de-
gree murder in June. The stats
yesterday brought 80 witnesses in.
10 Charles Town for the trial and
Is more were expected today.