Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-08-15
BY G. c. Mckown
Especial Correspondent)


Charles Town, Aug. 15.-John
Wilburn set up an alibi as his de-
Tense this morning in the states
prosecution of him on charge of
Deputy John c. Gore, of
Logan county, last August. His
mother, Mrs. Nancy Wilburn. whose
husband, the Rev. James i. Will
burn, is at present in jail here fol
lowing his conviction of second de-
gree murder upon the same charge:
his sister. Stella Wiburn; Arnold
Clark, Leon Chandler. and Everett
Early, all acquaintances of the de-
fondant took the stand this morn
ing and testified in substance that
they saw John wilbur in Blair
either at his home or at points in
the town, between 3 a. m. and noon
on August 81. covering the period
during which It is alleged Gore
was killed on Blair mountain.
Returned Early In The Morning
Mrs Wilburn proved the strong
est witness for the defense. She
was ready with her answers. volun-
teered information and proved an
agile although somewhat combative
witness under cross examination
She talked rapidly so rapidly IN
fact that the court at times had to
caution her against speaking so
rapidly that the court reporter
could not follow her. At one point
under cross examination the state
attempted to inquire as to the loca.
ton of n clock by which she said
she timed the arrival of her son
from the mountain. Mrs. Wilburn
first refused to answer, remarking
that the attorney would not even
know when she told him; but the
court directed her to make the
answer which she finally did.
Mrs. Wilburn. who said she was
native of Tennessee, and mother
Of eight children, testified that her
son was at home on August Goth
until the middle Of the afternoon
when he told her he was going to
the mountains with his father. She
saw him next the following morn
ing about 3 o'clock when he came
home and reused her with the re-
quest that she prepare him some
breakfast. She said she did this al
thought it was not ready until be-
tween and 7. John Wilburn, she
said, ate breakfast and stayed in
and around the house the remand
or Of the day, so far as she knew
because she saw him frequently
during that time Mrs Wilburn
testified that she heard shooting on
the mountain between six and 739
O'Clock the morning Of August 81,
some three hours after John had
returned. She was positive he was
at home when she heard the shoot
ing. At the same time Frank and
Jesse were at home also. Her hug
band was not there, she said
Under cross examination she ex-
banded as to the details Of the sit
uation the night Of the murder. At
one point counsel attempted to
show that two Of her sons were on
the mountain that morning but
Mrs Wilburn broke in with the eX-
PLANTATION that they had gone to
the mountain but had returned.
She was about to continnc when in
terrupted by the court and advised
not to argue with counsel. Mrs.
Wilbur denied the allegation that
Frank Wilburn had come home in
the middle OF the morning and that
she had greeted him affectionately
and she denied that she said at
that time that his father and bro
Tiers had been hurt on the noun
tain. Mrs. Wllburn said she advis-
ed her son not TO 90 out into the
mountain and to stay clear Of dan
ger.
Doesn't Know Where Son Is
The state attempted 10 ascertain
from her the present whereabouts
Of her son Jesse but Mrs. Wilburn