New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-04-26
Separate Trials
Granted Miners
In Treason Case
iIIiam Blizzard. Said Ia
bc I radcr. Chosen As ;i,e
FIR, 90 Face jury: Faulty
Iudicsmcu! Plea Denied
Troop, Guard Courtroom
Twenty three Indicted in
Ningo March Assert Their
Innocence When Called

--7. @ StG.T Corrcso,rdc'
CHABIHST0WN. ". "a. Au.Y %
WUlau Blizzard. orc Of the leaders
0, t. union coal miners in this state.
,n.day Vas selected by the prosecution
SO toe premier defendant in the tri4ls
30 treason o. twenty threc mountains
rc~ T ne workers IN connection vita
me march on Logan AVID Nireo."
Ven the twenty three defendants
,-ere placed on trial yesterday II motion
e quash tho treason Indictment Was
made ny the defcuse. To- av the de-
rtrse asked d separate trial Tor each
Defendant This was granted without
uariey b. Judge John Mitchell Woods
AID ;he stare designated Blizzard as It's
choice for the first trial The defense
s.so compelled the state to have pre-
pared 3 bill of particulars as 70 the
alleged participation of Blizzard in the
miners uprising.
But If this was victory, the de
tcnse lost in the other outstanding
port Of Importance Of the day, the
motion 70 Quash the indictment.
Judge Woods, iu lengthy discussion
treason and what constitutes that
o~irc. ovcrrr,cd the motion. holding
ia: Ire nrst point raised by tho dc
4cns-. that tho word "felonious" should
nave apoearcd in tho indictment, Was
70. we'll taken.
No Definite Conclusion
o. the second roin, put for.h by
'he defense in this connection, thas To.
indictment WAS much too indefinite in
is declarations IS to alleged treason
able covert acts" specified ard their
relation 70 the defendants individually.
a point based on the Chief Justice
Marshall decision in the Aaron Burr
case, the court came to no definite
conclusion.
The judge held that although some
q the purposes alleged in the indict-
n.nt, while vague, might If coupled
With others, have some bearing on
whether the defendant wcro guilty Of
the sovereignty Of the state itself and
should not be COMPOUNDED with such
crimes as riot and instruction.
II am inclined" said Judge Woods,
"to hold at the present time the view
chat the purpose alleged in the indict
iaent must be taken as the true pur-
poses which ectuated them (the de
Sendants) ct that time to nullify the
Governors proclamation Of military
law in Mngo and Logan counties and
hence the acts alleged in the indict-
rusnt in pursuance OF that design would
be such as would be naturally caicu-
lated to accomplish their design and 7,
therefore, override the demurrer to the
indictment and to each count thereof"
II would hesitate much longer to
abstain this demurrer with my present
views upon it than TO overrule Il, be-
cause the question still may be raised,
If necessary hereafter. on motion in
arrest Of Judgment"
The attorneys for the defense found
nearly as much satisfaction in refer
ence to the court TO 8 later possible
MOTION In arrest of judgment as did
the state in the overrulng Of the in
d'ctrnent, as this was interpreted as
meaning that the court has by no
means made up his mind on the sub
jsct OF whether the "march on Logan
snd Mingo' constituted treason, and
that he has to be shown"
Wife Present at Trial
Blizzard, who became the central
AEuYe IN the miner cases with the
announcement of his name as the first
trial defendant, is twenty eight years
old and the president Of Sub district
No. 2 Of District No. IT OF the
United Mine Workers OF America He
County, where he worked in the mines
until few years ago, when he became
Interested in the efforts to unionize
she miners. He has been an official Of
the union for several years He is
narried-his wife is here and is one
OF the most Interested watchers in
the court proceedings-an has two
children.
That he has influential connections
III the state Is shown by the fact that
b.s cousin, Gordon Blizzard, is a mem
Der Of the Legislature. An uncle is
Judge Reese Blizzard, jurst who for
Cerly was on the Circuit Court bench
Of this state for many years.
It Is this youth that the state hopes
70 prove acted a. the field marshal Of
the miners on their now FAMOUS march.
His case undoubtedly will have most
important bearing on the outcome o.