Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1922-05-25
THE TREASON TRIAL.

w..resjay and Thursday Of last
- we're taken up at the treason trial
~ VIM, Blizzard in Charles Town
.' --~.r for the State and the de-
IN profound discussion OF the
-. of treason. Argument was on
49,, mf,ons by the defense, hrst TO
.,---sI the prosecution TO designate
49, ryert ast of Blizzard upon which
~ lies for conviction, and second,
.,-se out all testimony and direct
ysr3ict for the defendant.
gerresenting the defense, Attorney
,.~,. n Mason, Jr., made a general
!,..,-. mon the methods of the coal
-.s,.,-rS and denied that the march
". ,~s miners could be interpreted as
...ss5- Attorney Houston attacked
49, .~4t.,r.nt and made technical
..cr,,er, against the proceedings. At
-. Townsend ridiCuled the idea of
...,s,- 8n5 declared that the evidence
i,5,a,et nothing that could be con-
,,-ugt as treason.
e. the State Mr. Belcher contended
.ba, the armed march constituted
gate of WAY and that those who took
,--, IN +, we're traitOrS-that they OBJ
served no law and nullifed official au
thOrity.
Judge Woods rendered his decision
Friday morning, when he over-ruled
,oth motions OF the defense. The court
+enied in, doctrine of the defense that
t1ere is no such thing possible as trea-
,5n against the State under the dual
f9rn OF government in this country. The
constitution of the State recognizes
reason against the State, the court
held, botn the State and federal gov
ernments are only divisional under this
dual system. but all the great police
rowers of government have been re-
served for the State under the di-
vision of powers in the system. The
State mas a right to expect and demand
allegiance from the citizens who live
within its borders and to mete out
punishment to those who fail TO give
this allegiance, the court held.
Regarding the declaration as to the
purpose of the defendant and his as
sociates there is varying testimony, the
court pointed out, and that makes it
proper matter for the jury. Blizzard
is 10 be held accountable for the overt
acts which he committed in Logan
,ouny, the court ruled The evidence
as 10 the conducts and declarations of
the defendant and his confederateS in
KaTawha and Boone counties are prop
er or the general aspects of the case,
but no overt act of the defendant in
Boone or kanaWha counties should be
relied upon by The State for convic-
ton. The main point of the defense
ty the defendant is his personal par
tcipatoG, ana only the acts performed
~ hin IN Logan county will be per-
mitted to 80 to the jury against the de-
ienaanL and the court said il would
50 instruct the jury. Answering the
question as to what is an overt act ?"
which must he Witnessed by two people,
the court held that the beginning of the
march was an overt act which constitut-
ed treason following conspiracy and
assGmb.aec
If thai is treason" the court con-
naael, "n~--s sSar'ly every one who
taxes par, including the defendant and
any man vino Joined the march, is
u me ..tsotantS presence in Logan
.oIh'y y.. ,1c armed miners is cs-
,~-"s. 50. the ruling held, it can be
considered HT.ma facic evidence of his
.'-'l '-' and mat is about the onlv act
me State can raly upon.
,"- court showed little sympathy
wi" INC -'3rg- of the defense that
.o s,Vo ~ the present proceedings
Is 07. industrial conflict" and
S'''-a~.ng .,, the court should not
,'.--- such conflict as treason. If
'ere OIL. the court held, the DO
,"-a would rrolably be correct: but
u j" mar c--G.c' Between carital ard
...r. en- r..tu sl rl4 oversize, the
,oy.-s o. .. ana ..mmf, crime the
--' -a.''' -Nary tie act Thc re.
s''.'..'. such ats fh7n i, win