The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-05-27

TIE coSuGnseI table were heard dur
ing day and nj ht sessions yester-
day 81 sss ..s. Il. NJ
Claims Guilt Impossible
#7 The first portion Of Mr.. Town7
sends address, which was the
closing one for the defense, went
over the instructions OF theEcourt
The first questions. he said. We're
whether there was :. V ar. whether
it was a war against the state,
whether Blizzard conspired with
Keeney and other to levy war and
whether in pursuance that
conspiracy the armed men march
ed to Logan County and engaged
in battles.
If we admitted all thst,. he;
continued, you could not=yet find
this defendant guilty. Something
else is necessary. An overt act
must be proved beyond reason
able doubt by two witnesses.
Suppose you do believe he
was at q particular place in Logan
County on particular day. and
that is proved by two witnesses,
you have TO believe something in
addition. You must believe be-
yond reasonable doubt that he
intended to levy war, and If you
believe that Blizzard wa there
for any purpose other than to
levy war against the state, you
must find him not guilty
Mr.. Townsend then spent a
large part of his argument on tes-
timon! of state witnesses who said
they saw Blizzard at Blair on Au-
gust 80 and 81. He said thatgthe
- - r. ~, ~, T.
mans testimony referred to the
there the day before John Gore
however, he insisted, while the
direct statement of the witness
was that it. was on the 31th. The
testimony of the only other wit
ness who fixed Billiards. presence
in Logan County before September
2 was less certain as to the date,
but it could not be brought to;
agree with that of Brinkman, Mr.
Townsend said. tF
Only One Witness
Then he turned to Reynolds
testimony that Blizzard led men
from Marmet to Racine and Madi-
son, August rs, and declared that
with all the resources of the state,
only one witness, Ed Reynolds,
was found to testify to this while
he named one after another of the.
defense witnesses who testified
that Blizzard was in Charleston
that day. Mr.. Townsend contin-
ued his review of the evidence, as
to Billiards. presence which is!
admitted at Blair on September 2
and 3 and the statements he made
to the miners forces on those days
which he argued We're proof that
the intention was not the leyy1ng
of war.
In closing. he said that people
throughout the United States We're
watching for the verdict of this
Jury. Certain classes, he said,
would praise them for finding
Blizzard guilty, and the men who
sit in the private Offices on softly
cushioned chairs" would pat them
on the back But the men in the
mines, and the worklngnlens
throughout the land, the speaker
concluded, were awaiting a verdict
of not guilty.
Connected With Trouble
Testimony as to a speech Biz
Yard is alleged to have made be
fore the march, testimony OF one
man that Blizzard led about 3oo
of the marchers. and OF another
that he brought up ammunition to
the lighting forces at Blair, to-
cetfer with that of several others
who saw him at towns behind the.
miners lines, and Of army officers
who said when the troops went in
to restore order Blizzard seemed
to be the man with the greatest
auth rity. figured in connecting
him with the trouble.
Little Testimony for Conviction.
Much discussion by attorneys
and Judge j. NJ. Woods, who is
presiding, concerned the "overtl
,ct. ;" which under the constitution
al definition must be proved
against the defendant by two wit
nesses in order to obtain con-
viction The court ruled that
presence with the armed
forces in Logan County. where
alone the court in which he was
indicted could have jurisdiction,
the only overt act on
which there was evidence suffi- !
cient for. presentation toSthe jury.
The other evidence was admitted,
however, as bearing on the ques-
sonabIe conspiracies.
With this as basis the defense
attended mainly to accounting for
whereabouts during the
Tine between August "a and Sep-l
lem Der 3, covered by the march.
He went on the stand himself to
ell of his movements during that,
ime and Mrs Blizzard and a num-
ser Of other witnesses, including
officials of the United Mine Work,
ers, in which Blizzard is sub-d1s-fl
riot president, corroborated %yari- |
,us portions ofsthis testimony. The !
lefense conceded that Blizzard
vas in- the Logan towns on Sep-I
and but held that it
vas not for q reasonable purpose
out to help the federal troops get
he armed men home and restore
,rder. During the earlier stages |
# the march, testimony in his be- i
lalf placed him in Charleston,
where the union headquarters are
coated and st. Adams, his home,
.ycent fnr one triD oftFinsnectionS 1