The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-05-18
I'm q ARGU M q
FOR lLERDI Oil OF
AGO. A HEARD D

ACQUllsl 4 I. !. HEAR I 7:
! Continued from rage oneo
LOT acquittal we're: That some o.
| the acts charged against Blizzard
were alleged to have taken place
| in Kanawha County, leaving The
Logan County Circuit Court, where
the Indictment was brought with
out Jurisdiction: that the only of
tense charged in Logan was relat
ed by only one witness instead OF
the two required for overt acts uc
der a treason charge; that there
were actually no military forces In
Logan County, invalidating tha'
part of the charge alleging he
fought against the military forces
of the state. and that under Su'
preme Court ruling there was nc
martial law in Mingo. the defense
claiming the situation had not beer
changed by the governors second
proclamation issued after the court
ruling.
A. NJ. Belcher- OF Charleston.
chief of the legal array associated
with the prosecuting attorneys OF
Logan and Jefferson counties. had
begun his argument before ad
journment last night. Witnesses to
several overt acts had been pro
duced, he commended, and he an
swered the contention as TO MARTA!
law ID Mingo by declaring that in
a ruling after the second oroclama-
ton of the governor. the same
court had held martial law then to
have been established.
Aaron Burr Case Quoted
Resuming his argument when
court reconrened, MIR. Belcher
read further from the opinion of
Chief Justice Marshall in the
case of Aaron Burr. which has
been quoted at length by both
sides in this case.
We charge that William Biz
gard not only conspired to levy
war, he shouted. but levied war,
and every witness for the state
has proved this. That is the overt
act charged against him.
Taking up the claim of the de-
Tense that the m olives I. of the
men who marched against Logan
County were peaceful ones, and
their arms only for protection
against notorious hostility to
them, Mr.. Belcher said:
SIT is argued by the other side
our purpose in arminS ourselves
to resist all authority was to or
ganize the. mine workers and there
is nothing wrong in that But the
purpose to Kill all constituted
authorities of Logan County be-
fore they began to do any or
soma hlP MIR
pose"
Points Ont Alleged Treason
In his argument yesterday, G..
T. Van Fleet Of Charleston. for
the defendant, questioned wheth-
er there could be such thing as
treason against a state. whose SOW
ereignty is limited under the fed
eral constitution preventing it
from levying war Mr.. Belcher in
his argument today said that he
was surprised that any one could
question the fact as to whether
there could be treason against a
sovereign state when the federal
government acts only with the del
egated authority of the sovereign
state Successfully to instigate
treason is to commit, the attorney
argued, declaring tina not by two
but by dozen of witnesses it was
shown to be treason at Blair. max
ing speeches. telling the men to
go get them telling how other
parts of the line were faring, and
offering to surrender an army to
federal troops"
How could man surrender-an
army if he did not command it,"
the speaker asked.
Don't fight the federal troops,
but don't give up your positions
now that you are sure that federal
troops are here" he quoted Biz
gard as saying at Blair. and
added:
..rhey obeyed that command"
Claims Deep Laid Plan
Taking up citations which point.
ed out that resistance to authors
ties by a mob did not constitute
treason Mr. Belcher argued that the
assembly at Marmet which began
the mach was not mob 1t took
them from the 18th to the Gath Of
August to gather before they were
ready to march and their acts were
not those of a moment of excite
ment but parts Of dep laid plan
no said.
"They took possession OF large
part of Logan County be contiSu
ed. "a man couldn't even use puo-
lie roads. He couldn't so from one
place to another without pass
and that pass. in order TO be Ct
fective. had to bear the name OF the
.generalissimo.' Blizzard.
Cites John Brown
The attorney mentioned aSaitr
the defense claim that the purpose
of the armed men was not a wron.
full one. and added:
THAT was John Browns defense
in this very court room that ne
was doing what was right, but he
didn't get away with it..
Portions Of the testimony OF Va.
rious witnesses who saw Blizzard
at Blair during the fighting we're
read to the court
Closes Defense Arguments
T. C.. Townsend, closing tn de
Tense arguments said the disc"s
sion had roamed far afie'd nom
oh