The Washington herald., 1922-04-25
Defense Asks Dismissal
As Indictments Fail to
Say "Feloniously."
JUDGE WILL RULE
ON MOTION TODAY
Handouts Removed from
"a Men by Golden
Rule Jailer."

SI1AhLT<o INV w. va "a pi
ef.-Absence of one word-'feloni-
ously'-from the long -winded in
dictments may save the twenty
four miners now on trial charged
with treason. murder and con-
spiracy IN connection with the
miners armed crusade into Logan
County last summer.
Attorney Houston. representing
the miners, has moved 10 dismiss
the bills on the ground they were
faulty drawn. omitting the word
"feloniously" and fundamentally
that they were lacking in specific
recounting of overt acts.
Judge Woods is studying these
points and probably will rule on
them tomorrow.
JaiIer Removes MaRacles.
Meanwhile the lot of the prison
ers. who were brought here in
chains and manacles, has been made
somewhat more comfortable by
Brook Alder. "the golden rule
jailer," who struck off their hand
cuffs and announced that they
would have "the same food my fam
lily eats"
These twenty -four men on trial
fo- treason. are. at least, outwardly
just ordinary citizens Clean cut
wiry, lank men, strong as iron from
a life OF hard work. The nint
brought in from jailS elsewhere IN
the State show prison pallor and
one looks as IL he might evade the
courts by dying.
Charles Town Il Astir.
One. who has the alibi of havins
been in another jail during the
Logan march, Is out on bail
Charles Town. Off the beaten path
Of the through trains. slumberins
blissfully ever since John Brown
was hanged here. is astir with ex-
citement over the trial.
1t knows that il is now in the
city dailies. and the various colonel.
and leading citizens are anxious To
supply a lot OF ancient history for
outside consumption. all ahou,
George washington's half-brother
Charles. who used to live here, and
John Brown.
Farmers. with prospect Of little
work after the frost that has just
blighted their fruit crops. thronged
into town and tried to get inside
the quaint. pillared court house
They did not succeed. for witnesse,
and defendants filled the place to
overfiowing. So many content ed
themselves with idling around the
nj mo fT l.
gar and his music.
1t was big day for the judges.
the sheriffs. and local officials. for
they got their pictures taken for
the movies. Judge Woods even
consented to hold court a few min
utes for the movie cameras.
Prisoners Like Alder.
Charles Town folk overflow with
Southern hospitality and. far from
looking on the miners as crude
monsters, they have. opened thei,
doors and hearts to them. To them
the miners are just plain white
folks, innocent until proved guilty.
Most of them are OF the same oIo
Virginia stock as the citizens OF
the village.
iliuttI W no lNdlflN Is
understood to resent the fact that
the prisoners were brought to jail
chained and handcuffed, has re-
moved these bonds and is serving
the accused with the same food
he eats. The prisoners are all for
him and say if they get Jail SEN
tences they want to serve them
here.
II you are a newspaperman, the
town is yours. with pressrooms.
typewriters, and assistants.
Quiet search Is on for lawbreak-
ers. lest there be trouble during
the trial.
The defense was unsuccessful in
seeking a postponement of the trial
until tomorrow. so it could exam
inc the caseof the prosecution. The
miners claimed they had been un-
able until today to learn that the
state planned to try the treason
cases first. and that since the in
dictments were vague they had lit
tie to go on in preparing their de-
fense