Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-10-24

DEFENSE SPRINGS SENSATION
IN KEENEY TRIAL.
Motion for Change Of Venue Made
by Defense.
Quite a sensation was sprung by
the Defense at the start of the trial
of G. Frank Keeney for Treason be-
fore Judge Woods in the jefferson
Circuit Court yesterday morning,
when he objected to going to trial
because, as he alleged in his motion,
the state was not represented in the
prosecution. He further alleged
through his motion that the cases
arose with the Logan Coal Operators
Association, that they have under
written and are underwriting the
prosecution and that the state wit
nesses have been paid for their SER
vices by appointment to deputy
sheriff positions in Logan county.
AS final and sensational charge the
allegation was made that Governor
Morgan and certain of the coal
operators entered into conspiracy
during his campaign to halt the
spread of unionism in the southern
coal fields of the state and that the
prosecution today is only in fur
therance fthis conspiracy.
President Kee1ey, the present
defendant, came through from
Charleston Sunday night with Mrs.
Keeney, and Mr. and Mrs. William
Blizzard. They were all in the
court room when the case was open
ed. A number of others who will
appear as defense witnesses are also
here. State witnesses came in yes
terday and more are coming today.
The whole list of witnesses has not
been checked up and will not be un-
til the preliminary moves in the
case are disposed of. The defense
indicated this morning that it had
more surprise move to spring before
asking a second change of venue
which will be done as last resort.
The submission of the defense
motion yesterday was done dra-
matically. The state had announc-
ed itself ready for trial. The de-
tense asked ON what indictment
Keeney was to be tried. Prescott
ing Attorney Chain, of Logan coun-
ty, said that he would be charged
with being an accessory before the
fact to the murder of deputy Gore.
Attorney Townsend explained that
the announcement in September said
Keeney would be tried on indictment
number four which charges him
with being an accessory be-
fore the fact to the murder of Depu-
Ity George Munsey Attorney Chain
then explained that the state stood
ready to try Keeney on that indict-
ment.
Then Attorney Townsend turned
"Who represents the state in this
case?"
Attorney Chain replied that all
those sitting at the counsel table
did, naming those who were official
ly there.
"Then the defense wishes to make
this notion" Attorney Townsend
replied, and Immediately began the
reading of the following motion.
1t appearing to the defendant unat the
State nthis case is not represented by
either the Prosecuting Attorney of Jeffer-
son County or the Attorney General OF
West Virginia. but is represented solely
and exclusively by private counsel en-
ployed by the Logan Coal Operators Asso-
cIatlon and other private interests, the de-
| PENDANT here and now objects to being
prosecuted by private interests and by at
torneys employed and paid by private
interests, and alleges that the prosecution
Of defendant is inspired, controlled. con-
uueteo ana hnanced by private interests
and in support of his charges offers the
| following proof
FIRST. That the attorneys appearing
IN this case in behalf of the prosecution and
PAID Dy private interests are not assisting
the State, but have taken absolute charge
of and exclusive control of the pros eeution
of this defendant
SECOND. That this defendant is in
olcted along with many others as aces
sorry before the fact to the killing Of
George Munsey; that said indictment and
the charge therein contained against de-
fendant grew out of what is commonly
SHOWN as the armed march of the miners,
winch took place in Kanawha, Boone and
Logan counties in August 1921 which
march resulted from the existing industrial
conflict between the coal operators and the
United NINE Workers of America; that
already there has been tried four cases
growing out of the same matter and neither
the Attorney General of West VIRGINIA
nor the Prosecuting Attorney of Jefferson
1ounty nave taken any part whatsoever in
the trial of any of the cases which have
already been tried or have appeared to take
any part j nthe trial of this defendant.
1hlHD. That the money for the pay
ment OF the attorneys in all the cases
growing out of the armed march and SO far
tried, and also in this case has and will h.
furnished by the Logan Coal Operators
Association, and other private interests
ana that the payment of the jurors, wit
nesses, and other costs properly charge
able to the State of West VIRGINIA "a
payable. out of the State treasury in the
cases already tried and in this case have
ana ana VIII be underwritten by the Logan
Coal Operators Association and otbsr
private interests.
FOURTH That the Governor of Vast
Virginia. whose duty it is under the const;.
exeuuion l,, TO see that all laws are faithfully
General under Section No 2, CHAPTER Ioo 81
the Code, to take charge of this and sim;la, !.
cases growing out of the same m.ftar
attnough this defendant and Others are
directly and solely against the State hnt
mas peen content to allow the prosecutions
TO originate and remain in the hands If
private interests. u
FIFTH. That the indictments nend;na
against the defendant, and especiaI1v the
i ma tment for treason, were inspired and
ca oy counsel representing the Logan
,es Operators Association and other
SIXTH. That some of the witnesses
VINO appeared against defendants ALREADY
t tLieu Tor alleged offenses growing out of
n rne same armed march, and who may APP
pear against defendant. (the States wit
Ie: against this defendant at this tins
Icing unknown, and will not be known until
sney appear upon the witness stand. pro-
cess lor them having been issued in blank
ana ana whose attendance fees were maid n
the first instance from funds furnished bv
55 annt. interests, have been appointed
ueputy sherihs of Logan County. and re-
ceive pay for their services, as such deputv
sneriIs, IN whole or in part from funds
County. Vi Logan
SEVENTH. That there is not now and
mas not been since early in July. 1929. anv
t iI IN the State treasury available for
Inc purpose OF paying witnesses, Jurors and
ike CHARGES in this or similar cases W
EIGHTH. That the case of the st.t.
rs vs.. SIizzard exclusive of counsel fees. cost
the State s17.747.30: that the case of ~
Seate vs. j. E. Wilbcrn, exclusive of
eDuhseI lees, cost the State s4,59I.70. that
me .he case OF State VS.. John Wilbur cost
s sne esate exclusive of counsel fees. s1.5os'.
eg; That the case of the State VS. w.t.
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