New-York tribune., 1922-04-29
Gov. Morgan
Testifies i'm
Treason Trial
Tells of Proclaiming Martial
Law and Asking for L. :.
Troops TO Halt Ninyo
and Logan Miners March
Defendants Claim Gains
Gross Examination Pa>es
Way to Introduce Pa
pers Favorable to Unions
From c Stay Correspondent

fIaFiue NoNerhor Ephralm +. Morgan
Of West Virginia ss one of its trumn
cards, the state today began the intro
ouctlcn Of its evidence ir the trial for
treason by which it is seeking to con-
vet William Blizzard and. later TWEEN
ty-two co-defendants, for their alleged
leadership OF the uprising Of union
coal miners in Logan and Mingo conn
ties last year.
In so doing, however, while it OBJ
tanned testimony Of value from the
Governor corroborative of the treason
Indictment allegations concerning his
proclamation Of martial law in Mingo
County, the prosecution left itself wide
open TO the introduction by the defense
: of documents and testimony in line
with tho latter's announced intention
Of ripping the I'D eff the privately
owned governments Of the West Nir-
sinla coal operators"
Niners' Mass Meeting Brought In
ms opportunity came as the result
o' questions put by the prosecution to
ne Governor, while he was on the wit
'act that several hundred of the
miners, on August : Of last year. held
mass meeting on the Capitol grounds
-. Charlestown, under the leadership
81 Frank keeney, president Of District
40. II of the United Mine Workers.
and one of the defendants. and drew
up set of resolutions outlining a
-n!ou plan for negotiations for a set
tement between the miners and the
1perators and asking Gubernatorial in
'erVentlon for restoration of peace
IN the conf'ct-torn mining districts.
It was the purpose of the prosecu-
ton, through direct examination of the
Governor, to lay the basis for showing
that the mass meeting was not strictly
lawful assemblage But when il
came to cross examination the defense
"ttorNeys showed they we're by 70
means willing to let it go at that Over
ne heated objections of A. NJ Belcher.
Assistant Prosecutor, who raised the
cry Of propaganda the defense sue
"seded in having the full text of the
solutions placed in evidence. Judge
John Mitchell Woods holding that it
had this right as bearing on proving
the intent of the meeting and those
liking part in It,
The result was that Harold W Hous-
ton, chief defense counsel, soon was on
his feet reading to the jury a docu-
ment which is held to contain much of
the backbone of the defendants case
that the miners march was not against
the state or its sovereignty, but against
depression of free speech and free as
semblage and the other ntolerable CON
dlNons maintained by tho operators in
the mining districts.'
Governors Platform Cited
RESOLUTIONS, recitiug in one portion
that the Governor had been elected on
4 platform pIedging him and his party
- abolish the mine guard system in
Vest Virginia, We're read to Governor
Morgan while he was in the witness
oh@ir.
The defense feels that it scored
heavily in getting the resolutions in
ne evidence and that they were pre-
l',jnaly to getting the underlying
"ause of the miners before the Amcri-
AN people" With the resolutions q
letter Of the Governor replying to
them. setting forth that he Sympa-
'hl2ed with the miners in some of
heir contentious but promising no
definite action. was read into the
record as Exhibit c."
The Governors testimony chiefly
backed up the allegations of the ndict-
mcnt that he had proclaimed martial
law IN Mingo County because Of 50
tate of insurection there" and that
a:ter the march on Logan and Mingo
began. he mad called on President
Harding and Secretary Of War Weeks
TO send Federal troops into the dis
turbed areas because OF. the inability
OF the state forces TO cope with the
situation.
Union Miner Testifes
Tie first witness was j. F. Stewart
of Dry Branch. kanawha County, who
said he was q mem Der of local No. 1915
of the United Mine Workers. He told
Of having witnessed the assembling Of
miners near Marmet ana along Lens
Creew. declaring that at least half Of
them We're armed with rifles and pis-
tolls, and of the repeated efforts Of
Mother Jones. aged labor leader. to
induce them to disperse ann 60 home. 7
Later, Stewart said, he rode away
from the scene III his automobile with
keeney and Fred Moonc~, secretary
treasurer Of District II and one of the
GGefendants; among the passengers,
Guards had been thrown out along the
roads in the vicinity to prevent the
miners from leaving he declared. He
quoted keeney as having said:
We've got il now. If we turn back
from the march we lose.
Concerning the allegations as TO
financing the march, he said his local
treasurer announced I'm going to
spend some, but you'll have to guess
what | do with it,"
Under cross examination Stewart ad-
m'ted he had had some difficulties
with his local over burial fund" He
further admitted having first discussed
the miners cases with George Will !
liams, attorney for the Winding Gulf
Coal Operators Association. and that
he had come to Charlestown on the
logan County Special" which T. c.
Townsend, assistant defense counsel,
who doing the cross-examining.
charged had been chartered by the coal
operators.
Stewart also admitted he had not OBJ
served that Blizzard. the defendant
now on trial, had taken any leading
part in the Marmet proceedings, al
though he declared the youthful union
leader had been there.
Stewards wife was the next witness |
She corroborated her husbands testi- |
mony in part. The defense drew from
hfr that sch had not observed any uni |
'orm,, flags or military formations at
The Marmet assemN1oge. "althourh 4
there was man waving long sword