Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1922-05-18
THE BLIZZARD TRIAL.

oucfSo n EHotlon tnat the Statc DC COM
PEELED to show what overt act Of the
defendant II relied on TO prove its case
On the heels OF this II moved TO strike
out all testimony and direct a verdict
for acquittal, agreeing to consolidate
the two motions and argue both at once.
The jury was excused and the battle
started forthwith. II lasted all the rest
OF the day and has yet to be conclud-
ed.
The first argument for the defense
was made by c. ]. Van Fleet, Of
Charleston, who found fault with the
testimony. the bill OF particulars, and
the evidence offered, mainly on techni-
cal grounds. James M. Mason, Jr., fol-
lowed him with a formal and elabo-
rate address in which he not only de-
n0unced the whole mining system in
West Virginia but hayed the activities
OF the State police. n. w. Houston
also made an argument in which he
made technical points against the
States position.
Major Thos. Il. Davis, who was in
charge in Mingo county under the mar
tiai law proclamation of Governor
Morgan, testified that he had gone to
that section on May 20, 1921, and had
been In charge ever since. He had
sent two companies Of State police
and some special State police TO Logan
county on August 27. That same night
they took part in a shooting affair
at Sharpless in which two miners were
killed and two wounded
Among the interesting witnesses on
Monday was Col VIM E. Eubanks
who was commander-in-chief of the
FORCES defending Logan county during
the fighting. He told how he took
charge OF the defense OF the county,
how he inspected positions and in
structed men how best to cope with
the situation. He said they were post
ed so as to command the roads and
ravines. He said Governor Morgan
had instructed him not to advance with
his men, but to confne his activities
to holding his line.
He said he was informed that
column Of 500 or 600 men was advanc.
ing against him, and that, since he was
ordered not to send any troops against
them, he had to take some steps to scat
ter them. He said he sent his planes
ost with bombs, both explosive and gas.
and that the men scattered and took
to cover when the bombs were dropped.
He said the explosive bombs were
filled with black powder and the gas
bombs with gas that caused nausea
and vomiting, but not death.
Answering more questions, the wit,
ness said his forces used from 5OO,-
900 to 100000 rounds of ammunition,
and he supposed the miners wasted
about is much as We did"
Referring to this on cross-examina-
ton. T. C. Townsend, Of defense coun-
sci, said:
Colonel. when Captain Wilson, of
the United States Army, testified the
miners activities struck him as
comic opera war, | guess il must have
been about the same on your side,
wasn't it?"
mo. sir" replied the witness.
well, why not? You say YOU vast
ed 100000 or more rounds of ammu-
milton"
Because" retorted the witness.
"whcn you ring down the curtain on a
comic opera, all the actors are alive.
"nea ms war was over, we left three
men over there"
Don Chain, sheriff of Logan county.
'''' b.tn '-Nh uibA ldlhCl OIL IIldU any
other raT connected with the troubles
n the mining section, testified on
N1n3ay. He has been most genuinely
tI'eI ty the union organizers, for il
has been owing to his efforts more
,hac those of any other one man that
the Unions have been kept ou' of 10.
Gan. H is a young looking man 81
years old, of athletic build, with an
alert ard determined manner. He was
a good witness, telling what he knew
- clear, tcrSe language, ana was UNI
ruh'ed hy the cross examination. He
told g! the information that came TO
h'm that the miners were coming to
logan, and Of the preparations he made
for repulSing them. He said he had
posted about 800 men in the noun
tain5 when the march first started,
but recalled them on August Is when
he received information the marchcrs
had tisblnded. Hearing they had
Communicated train and were coming
To Blair, he said he blew the power
house whistle, rcaSscmbled his forces
lnH sem them out on Blair Mountain
tG- sam" tight. He said he issued
giHcs AZ. machine guns, purchased
during the 1910 march.
Sheriff Chain testified that there
las more or less continuous fightinr
~ ara around Blair Mountain for a
period OF three weeks The maximum
Gf defenders at any one time he said
as about 5000, eighty per cent Of
"hep were from the town of ogan
and included ministers. lawyers, bank
e-s, doctors and great many miners.
Questioned as to how long he had
had these deputies under him, he said
he had controlled them from the time
thar he took Office. The defense at
this point went into the question of