Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-05-23
MOTION TO DIRECT VERDICT OF
mot GUILTY" IN BLIZZARD
TREASON CASE OvERRULED.
Defense Proceeds With Its

ANA>HSON SAS6 w 6NA~OAA>Ds
Defense Proceeds With Its
Judge Woods last Friday in the
Jefferson Circuit Court at Charles
Town overruled q motion to direct a
verdict of not guilty in the case of
William Blizzard, youthful mins
union official charged with treason
as result Of the armed march last
summer against Logan County, nom
union stronghold in the coal fields of
the state.
Taking up one by one, in his de-
cision, the principal points advanced
in the arguments, Judge Woods held
first that there had been evidence
sufficient for consideration by the
jury that war existed and had been
levied by the armed men.
He also reviewed the argument
that treason against state was i'm
possible because of the division of
authority between state and federal
government and held that this posi-
ton could not be maintained.
Judge Woods on the other defense
motion limited the state as to the
overt act on which it relied to con-
Wet the defendant to his presence
with the armed marchers in Logan
County.
In answer to a question by C. J.
Van Fleet, the court ruled that the
allegation that Blizzard furnished
arms and ammunition to the fight
ing forces could not be considered
as the overt act on the ground that
there were not two witnesses to this.
To another question he said the
evidence of other things was not ex-
cluded as to the general aspect of
the case.
Declaring that it was necessary to
determine whether the purpose for
levying war was private or against
the state, the court held that if the
purpose were to coerce the govern
ment or the state to adopt or
abandon any public policy it would
be treason.
What was the purpose, Judge
Woods ruled, ought to go to the
| jury for determination.
If the purpose were reasonable,
he also held, it did not matter
whether the forces that the armed
men met in Logan County were
raised in accordance with the tech
nimal requirements for raising the
militia.
AS to whether the evidence pre-
sented by the state was sufficient to
implicate Blizzard in the march and
in its purpose, the court ruled that
conferences between the defendant
and his confederates in Kanawha and
Boone counties was proper to go to
the jury on the general aspects OF
the case, but none of his acts except
those in Logan County could be re.
lied upon as the overt act.
4 War, he said, does not have to
be waged, under the constitutions
definition to constitute treason. II
is sufficient if war is levied, and wal
was levied when a number of mer
conspired together for a reasonable
purpose, assembled at place OF
rendezvous and there began theil
march. The beginning of the march
he declared, was the overt act that
constituted treason, and if the de.
PENDANT were shown by two witnesses
4
started, or to have Joined them or
the march, that was prima facie
case.
The decision came after two day.
or argument before the Judge by
able counsel On each side.
Two defense witnesses in the
short session on Saturday added
their testimony to the alibi of Viii
liam Blizzard. A. C. Porter, vice
president of sub district No. 2, ac
counted for Blizzard, president o,
the same district, on several days
when the prosecution claims he wal
Heading the marchers, but when the
; witness said he was at union head
quarters in Charleston, D. C. Barton
of Clothier testified that Blizzart
told him at Blair, September 2, h,
, was there to persuade the armed
miners to go home.
II Development of the defense con
tentions in the treason trial thai
Billiards. only visit to the armed
: forces of miners who sought to shoe
their way across the guarded hills Of
Logan County last summer were al
the instance of federal army officer.
was continued Saturday. Late Fri
day afternoon, testimony in his be-
helf got under way with William. L
{ Petry, district vice-president anC
Roy Roberts, a Charleston news
paperman on the witness stand te
support Billiards. alibi.
Petry claimed that on August 81
when according to the prosecution
witness Blizzard was leading men to.
ward Logan, he was in fact riding
with Brigadier General H. H. Band.
holtz and that on the latter occasion
when Blizzard did go to Logan
County it was under Petry's orders
after request by General Bandholtz
that the union officials use their in
fiuence to get the miners to go
home. Roberts testified he saw
Blizzard in Charleston every day be-
tween August "a and September /.
Under the ruling of Judge Woods on
the overt act to be relied upon by
the state for conviction in this case,
Billiards. presence in Logan Coun-
i ty with the armed forces becomes
the principal factor in the trial.
Brigadier General Bandholtz was
called as witness Monday morning.
He testified that he took Blizzard
with him August27, on an inspection
trip from Charleston to Racine.
Asked whether Blizzard returned in
his party, the general said he did
not ride in his car on the trip back
TO Charleston He ordorod n oaoo,J