New-York tribune., 1922-04-27
Court Rules Bill of Particu.
lars Is Too Indefinite:
State Patches 1t Up and
Will Resume Case TODAY
Intimidation Is Charged
Defense Protests Guards i'm
Courtroom: Lewis Gets
Ovation on His Arrival
r.n.r G Sfor Co-..sn...1.o, .


union leader alleged to have been the
field genera OF the miners who took
part IN the march or Logan and Min
90
TIE defense attorney. obtained q
ruling from Judge John Mitchell Woods
that the bill Of particulars against
Blizzard which they demarded yester-
day. and which was prepared by the
prosecution over night and filed this
morning, was too indefinite IN ore Of
y paragraphs, which accused Blizzard
of hsvlDg induced the officials Of the
miners local unions in two dietrlcts,
Seventeen and Twenty nine, ito fur
ri8h large sums OF money for the pur-
poss OF buying guns and ammunition
AID other supplies TO arm and equip
ne members Of said organization, (th e
United Mine Workers. so they could
isvy war against the e.aG.
&c wss contended by the defense and
ne contention was sustained that the
document fell short Of requirements in
mat 1t did not specify either the namea
of tha local unions or their officials
alleged 70 be concerned and that mas
much a. there syc eS4 locals in the two
districts with each having fve officials
me defense would be required 10 sum
ron more than 5000 officials to
Charlesto"n for an adequate defense Of
Blizzard, according 70 the prcrarine Of
the bill This was termed "a physical
impossbiIity' By Harold " Houston.
ne chief defense counsel
Didn't Have Full List
n combating this. admission was
made BY Assistant Prosecutor 4. n
Belcher that tho state did rot possess
fun list Of the locals and their
officials
The state IS being asked for an in
rcsslble thing, he said "Hopever, if
tha defense Will furnish Us with the
list We will furnish then VIII tho more
specific information as - witnesses
ttey have been seeking
There Verc chucklcs from the de.
1endants' side OF the courtroom. which
grew to loud "haw haD5' moment
later when Judge Woods announced his
decision. This, sustaining the motion
of the defense, Wa that the state must
supplement the bill by some reason
able information 80 that the indantity
Of the locals and officials may be dis
covered to the defense in time for it
20 marshal It's confer evidence The
court was adjourned until tomorrow.
The result vas that cmissaries OF
the prosecution spent the remainder Of
the day in scurryins about seeking 3
who's uho" in the labor movement Of
West Virginia It was declared by the
defense that the state would find con.
sidera pie difficulty in obtaining the IN
formation sought, and that the situa-
tion night even result IN halting the
trial indefinitely. The prosecution re-
ported by tonight, however, that It
had met with sufficient success in it's
researches to 60 on with the case
The second most important feature
Of the day, and ono which caused a
oensation IN the court room, was a
charge made by James n. Mason jr,
chief assistant defense counsel, thst
armed men had been placed in the
court room to 'ntimidate the miners,
This came IN the course Of heated
arguments between counsel en- mo-
ton made by counsel T. c. Townsend
for the defence. at the opening Of tho
dsys session, that the state be re
qulred to furnish the former with a
\ list OF witnesses for the prosecution.
Governor Morgan OH Way
Later IN the day it was announced
by the prosecution in press statements
that among It's principal witnesses al
ready summoned, and some of whom
are on the way here, are Governor
Ephraim +, Morgan, who ordered mar
tisi law in Mngo County; Captain J
Z. Brockus, commanding the state po-
liee in Mingo; Major T. r. Davis, for
mer State Adjutant General; Sheriff
William J. Hatfield. of Mcdowell Coun-
ty; P d. koontz, who headed body
of volunteers IN the defense OF Logan
County; ". E. Eubanks. who was the
of har oF
sts te troops during the disturbances
and George Coombs, an agent Of the
Chesapeake & Ohio Railroad, the Coal
River division of which is alleged to
have been taken over by the miners
during the march.
Among the important witnesses SUM
moned by tho defense are Brigadier
General II. II. Bandholtz, who led the
Federal troops which restored peace in
the area Of the uprising; former Gov
ernor (. J. orwell. of West Virginia,
snd STATE Attorney General L. r. Eng
land Governor Morgan also has been
eurmoned as defense witness.
Another important development of
Of John L. Lewis, international presi-
dent OF the United Mine Workers. He
was given an enthus sstic reception by
the miners and their friends. Banners
were placed in the streets bearing the
inscription, "U NJ. W. of A.-Defend-
ant" The scene before the old court
house, with the miners milling about
their commander in chief to have a
word or two with him and shake his
hand, more resembled political caucus
with Lewis as a candidate than it did
scene concerned with one Of the most
important treason trials ever held.
Mr. Lewis asked for al
n1ent as TO his views concerning the
trial and the underlying reasons which
brought it about.
The trial Of these West Virginia
union coal miners in historic Charles
town, promises to be one of the great
lega! events in the history Of the
country be said. The rights Of
workingmen to organize and protect
their own Interests is the great issue
that is at stake in these cases. Thou
sands of mcr, who arc employed in
the coal mines q Southern West Vir-
coal operators and coal companies, 70
whom! profits in dollars and cents is
the al-controiling principle. The
United Mine Workers of America car.
Iied to these helpless men the gospe!
of organization and It was this fact
that caused the coal companies to
bring about the indictments Of
hundreds of the good citizens of West
Virginia"
Concerning the national strike stu
ztion. Mr.. Lewis said: "Thc strike is
eaf;efoctor;I-.