Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-08-29

Alttr week Ol Qeldy que 10 the
absence of material witnesses for
the defense, who were finally
brought here at the states expense
under a peremptory order from the
court, the treason case against
Walter Allen, arising from the
march of armed miners q year ago
in Logan county, was finally begun
yesterday morning.
The defense announced when the
session was called yesterday morn
ing that most of the witnesses want
ed for the trial and subjected to the
peremptory order were in court; and
while there were number of other
witnesses needed, the defense would
not ask further delay, depending
upon other peremptory orders later
if the ordinary processes did not
produce these witnesses. The de-
tense then announced itself ready
for trial, the state having announced
itself ready previously; and the
clerk was thereupon directed to
draw jury list.
The state was reminded that an
affidavit filed during the Blizzard
case on April 25 called upon the
state to furnish a bill of particulars
for the case of each one of the
treason defendants. The state said
at first that it did not recall any
such demands but the reading of the
record showed the call to have been
made and the court directed the
state to furnish the bill the partic-
ulars, as was done in the Blizzard
case, to the defense, and the state
promised to have it ready this morn
ing.
Allen was not arraigned yester-
day morning, he having pleaded
mot guilty" with the twenty odd
other treason defendants arraigned
in court onApril 18th at the opening
of the Blizzard case which was the
hrst of the miner trials.
The attorneys for the operators
have announced that they expect to
try c. f. keeney on the charge OF
accessory before the fact in connec-
ton with the killing of John Gore,
Immediately after the Allen trial is
concluded.
A successful effort was made
Tuesday by defense counsel to have
some OF the prisoners in Jail here
released on bond. Five out of the
seven untried defendants, held in
jail here under various charges
growing out of the armed march of
last August were granted bail on
Tuesday by Judge Woods following
their third application. The bail
was granted in view of the fact that
in both murder trials the verdict has
been second degree murder, the first
degree verdict having been passed.
Frank Wilburn, Dewey Haynes
and Ed Westerfield (colored) were
required to furnish $4,000 bail
each.
Henry Afford, who is charged with
a number of crimes, was required to
furnish like amount, with the pro-
vision that he is to be held in
Charles Town for Kanawha county
authorities, where he is under in
dictment for shooting State police
man who attempted to arrest him.
Rector Elkins, accused of fur
nishing food and water. to the fight
ing forces on Blair mountain, will
be released when he gives $4,000
bail.
The court also set September IL,
and as many days thereafter as may
be necessary, for the renewal OF
bonds by more than 100 other de-
PENDANTS who were indicted in Logan
county granted change of venue
and who were recognized for then
appearance at the present term
which expires September 10th.
Judge Woods ordered that a mum.
Der of additional jurors be sum
moned in order that progress might
not be halted by reason of a short
age in veniremen. Fifteen new mer
were accordingly drawn as follows
d. o. Stull, Alonzo Jones, B. l.
Byers, B. Warren Ware, Geo. w
Rouss, John L. Burns, Garland Hefe
bower, H. H. Swimley, Herman Huy.
EFT, Francis w. Daniel, R. L. Ma
coughtry, j. Howard Mckee, Johr
R. Lewis Melvin Vanmeter, and J
M. Rush.