Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-09-12
STATE RESTS ITS CASE In
ALLEN TRIAL

against w dlleI <Alleu w euueSQdy d.
Iernoon struck directly al the second
OF the two factors necessary to al
on treason,-that of the
overt act. Three witnesses, friends
OF Allen who went with hum from
jeffrey and stayed with him more or
less perslstentiy over a period OF
three or tour Gays, testified that he
was with them at Blair and in that
region from Thursday until Sunday
OF the armed march period and that
he came out of Blair with them al
Ter the federal soldiers arrived. Two
OF the witnesses absolved Allen
while there of any act tending to
support and encourage the march
they did not see him at any time with
a gun, they saw him at no time as
a leader OF the march, they heard
him give no commands. The third
witness put a gun in his hands and
took him part of the way to the
nghting line but could not be certain
that Allen ever reached the fighting
trenches.
The Court has held that mere
presence constitutes an overt act
In case the defendant is there as a
part of the conspiracy and supports
the execution of the plans by word
and act. The defense indicated
plainly Wednesday that it will con-
cede Aliens presence at Blair but
will deny that he did anything to
support or encourage the march
while there and on the other hand
actually discouraged the program as
two OF the witnesses testified We'd
nesday afternoon.
The three witnesses in question
were Walter Blount, Sam NARROW
and Thornton Pauley. They testi-
fled essentially to the same facts,
with Blount adding some details of
serious nature. A fourth witness
was put on who swore that he saw
Allen distributing ammunition at
Blair on Friday, September 2. The
defense launched a searching cross
examination which finally led the
witness, Albert King, into a contra
diction regarding the history of his
testimony, and the defense was still
plugging away to discredit his testi-
mony.
Blount, of Cold Fork, said he
Joined the armed forces and also
assisted in collecting arms in prepa-
ration for the march, doing the lat
ter at the instance of Sam NARROW,
John Shannon and Albert Flake, all
of Dry Branch, who came to Cold
Fork for that purpose. He joined
the men at their invitation also.
They went in cars Friday morning,
August 26, to Racine, NARROW, Ar
thur Burns, Dee Munsey and others
being in the group. He said he
knew Walter Allen and saw him at
Racine with number of men at a
house which they had visited.
Sam NARROW, another of the Allen
Blount party, recalled the gathering
at Marmet, and said he joined the
march On Lens Creek. He helped
gather some rifles with Blount,
Shannon and others which they took
to Dry Branch and later to Racine.
He saw Allen at Marmet with the
crowd several times and also saw him
at Racine.
He did not hear martial law dis
cussed at any time on the march but
on redirect examination he said he
heard discussion of the purpose to
kill Sheriff Chain and his deputies.
Thornton Pauley, of Dry Branch,
testified substantially to what Mar
low said regarding their movements
from their homes to Blair and the
absence of provocative acts on the
part of Allen at Blair. He said they
were at Blair three days and three
nights, most of the time he being
with Allen.
Albert King, of Marmet, the final
witness Wednesday afternoon, said
he had seen military experience in
Siberia, the Philippines and the Ha-
waiian Islands, recalled being forced
to enter the march, saw some fight
ing around Cedar Creek in which a
boy, he said, was killed, told of 90
ing to Blair where he said he saw
Allen distributing ammunition on
Friday afternoon at the schoolhouse.
A. h. Sutphin, of Madison, testi-
fled that he heard and to a degree,
saw train leave Madison for Blair
on the night of August &c, the night
of the day when Keeney and Mooney
spoke at Madison in turning back the
marchers, and he heard some one on
the train invite all men with high
powered rifles to board it. He re-
called that a number of men SEEM
ed to accept the invitation.
John Browning, Logan county
deputy, one of the party of four
who were held up and disarmed on
the night of August IL by armed
men near Clothier, testified as to the
details. He said he had heard while
at Sharples of the hold-up of the
Embrey car not long previously and
ne mad gathered detail to investi-
gate and was on his way when they
were attacked. No shots were fired,
ne said, the armed men simply dis
arming them and advising them to
get away without delay, which they
did.
Dewey Blount, of Cold Fork. a |
brother of Walter Blount, who tes-
tined for the state and gave the |
main damaging evidence against
Allen, that he was at Blair and saw
Allen there but at no time saw him
armed. He saw him frequently lust
back and forth as did the
other men. He did not see him dis |
tribute any ammunition at any time. |
Dewey Blount said they joined the
marchers because of sensational re-
ports which his brother, Walter.
brought to him with the threat that |
they would take the laggards if |
they would not go willingly. Asked |
IS to the reputation of his brother
Dewey declared he would not believe
him on oath and that his reputation
TOR truth and veracity was decidedly
bad. 1t was brought out that Dew
sy Blount came here as a defense
witness and was subsequently put on
he stand by the state also.
Ross Burgess, who lived at Blair
asst August, testified as to conditions
here before and during the march.
de first saw armed men there ten
lays before the killing of John Gore
and he understood the purpose of