Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-08-28

juror could enter the jury box and
Sive fair trial on the basis of the
evidence under the law. Declara-
tions by Jurors that they favored
the punishment of the leaders of the
armed march, whom they regarded
as responsible for the disorder. the
court held, was the view of any law
abiding respectable man and in no
sense offered any excuse for dis
qualifying juror. At one point in
the examination of a juror the court
propounded long and involved
question and was given an answer,
The defense, in an effort apparently
to trap the juror, asked him to re.
peat in substance what the court
had asked him, which brought from
Judge Woods promptly refusal to
permit the question and the com
ment that 1t was not fair for the
defense to try to trap the jurors.
Five veniremen were examined
this morning.
x. j. Madison, of Mddleway, a
farrer. He said he had expressed
somewhat of an opinion in the
Blizzard case and did not agree
with the jury's verdict on the basis
of what he had read and heard; he
thought the march was unlawful
but was not quite sure whether it
was reasonable and he thought all
those In 1t We're engaged in an I'M
lawful purpose, and all should he
punished ito certain extent" He
was challenged by the defense but
the challenge was overruled.
J. w. Clevenger, Of Halltown, n
paper mill foreman. He was not
subjected to any extensive examin.
alton and was not challenged.
John r. Lewis. of Charles Town,
a bookkeeper. He said he was not
satisfied with the Blizzard verdict
on the basis of what he had heard
and read, that he knew nothing
about the Allen case, he thought
men who broke the law ought to be
punished, he was opposed to labor
unions generally and in that way
was opposed to the United Mine
Workers but insisted that such an
attitude would not prejudice him
against the defendant in this case
whom he did not know. He was not
challenged.
r. l., Macoughtry, Of Middleway,
a farmer. He said he had thought
the members OF the march guilty
but his information was incomplete
that he did not know Allen and he
felt he could 60 into the box and
give fair trial. He was challenged
by the defense but the challenge
was overruled.
Charles J. Derr. of Mothers
Cross Roads, farmer. In a general
way he said he had expressed an
opinion regarding the Allen case
but believed he could give fair
verdict on the basis of "straight-
forward evidence, that he was not
prejudiced or biased and had no
opinion regarding the Allen case
in particular. The question of his
attitude toward capital punish
ment was raised again IN his indi-
Vtdual examination, and at one
point he said he would be forced to
follow his own views regarding the
infliction OF capital punishment
rather than the instructions Of the
court. He said he did not believe
in the death penalty for a treason
case although he subsequently adj
mitted that he could conceive Of a
treason case where he would feel
the death penalty justifiable. It
was explained, in answer to the
question, that there may be given
in a treason case sentence of pen
itentiary imprisonment and confis-
cation OF personal and real proper
ty. The judge took his case under
advisement over the noon hour.
The Jurors drawn for the papel
who were not reached on the exam
nation this morning were:
farmer.
B. W Ware. Myerstown, farmer.
Alonzo Jones, Summit Point,
farmer.
John 3. Brazicr, Charles Town,
George B. Goetz. Ransom. leather