The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-06-17
DEFENSE COUNSEL
! IN MURDER TRIAL. Il
STALLS FOR TINE !||:.
Endeavors to Have Evidence
Given in Treason Trial
Used in This Case.

CHARLES TOWN, June 1t.TlpS
The Associated Press.) .)-Defense
counsel in the case of the Rev.;.J.. J.
E. Wilburn, on trial for comp1c1ly
in the killing of Logan deputy
sheriff at the time of the armeu
march in the southern coal 1elds
last summer, today sought 70 intro-
duce evidence of Sheriff Don Cnalln
of Logan adduced in the William
Blizzard treason trial.
Wilburn's attorneys said the tes-
timony of E. T. England, attorney
general of West Virginia. and W.
R. Thurmond, president of the Lo-
gan Coal Operators Association, IN
the treason trial also could pc IN
troduced to save time in the present
case. as it was along the same line.
The state objected and called Sher-
iff Chafin to Charles Town from
Harper's Ferry. where he had been
staying since the trial began the
court took the matter under advise
ment.
Early Takes Stand.
George Early, who was Still on
the stand when court recessed yes
terday. again took the stand LOT
cross-eXamlnation.
The witness denied that he told
Alya Roe of Blair that he had sold
rifle to John Wilburn. son OF tn
defendant, prior to the killing or
John Gore, the deputy, with whose
death, the Reverend Mr.. Wnburn
is charged.
Sheriff Chafin's testimony, de
fense counsel said, was relevant 70
the Logan County system of deputy
sheriffs. The court yesterday ruled
that the defense could introduce
testimony regarding the deputies
reputation for peace or violence
among residents on the Logan
Boone County border, and their at
titude toward labor unions
The sheriff sat with the prosecu I.
ton counsel while the defense side
was represented by Fred Mooney.
secretary-treasurer of district No.
il, under treason indictment in
connection with the march.
Defense Calls Porter.
~ A. C.. Porter, yice-president OF
zy1t11 istri p.ss11, !,
the first witness called i for the de
tense forS direct examination ssaid
he found excitement prevailing
about Blair and Sharples. This
was due, he said, toat the fight be
tween state police and miners at
Sharples at the beginning OF the
march in August.
The witness also said he had
seen dead and wounded men in the
vicinity of the mining camps.
During oss-examination, For
ter denied that he and William Pet
rey, vice-president of district NO.
II, held a meeting at Sharples to
-, n a
at the time of the labor disturb
ances.
Porter admitted to prosecution
counsel that he had been indicted
in Logan for treason, and when
Harold w. Houston, for the defense,
interjected: Everybody else is in
dicted for treason in that county
aren't they?" there was storm OF
objections, sustained by the court.
Dead Man Indicted.
Didn't you hear that a dead man
was indicted for treason in Logan
County?" was asked.
The witness admitted that he had
heard OF such an occurrence The
court ruled the question and an
swer be struck from the record
Porter said he had gone to the bor-
der at the instance of G. F. keeney
president of district No. IT to turn
back the miners and advise then,
to go to work.
| While the United Mine Work
ers at Blair had mo love" for the
Logan deputies Luther Mostello,
testified the union did not ''hate
them,'. he said. However, in
cross-examination the witness said
| the deputies were called thugs
by the miners, but they entertain
ed no hostility toward them
Ike Wilburn, son of the de-
fendant, told the jury that prior
i to the killing of Gore, the resi-
dents of Blair were fearful lest
Continued on Page Ten)