The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-05-19

~ and for nearly week kept up a
| fight with heterogeneous forces holding
| the border mountains OF Logan county
| that divided union from non-upion coal
| fields.
Whether this march was a treasona.
BILE enterprise, as the indictment al
leges, or whether IT was merely prt-
vate dispute over industrial questions
involving no attempt against the Gov
ereignty of the state, as the defense
asserted. was one Of the questions TO
be considered in the decision, the argu-
ments indicated.
Whether the language Of the indict-
ment and that Of the bill Of particulars
provided by the prosecution on request
Of Billiards. attorneys when the trial
hogan, covered the things which testi-
mony had brought out concerning Biz
gard was another point to which the de-
Tense arguments devoted much time.
Treason Charge Supported
Points raised by Mr.. Belcher in his
argument as supporting the treason
charge were: That levying war was prov
en- by the testimony and constituted the
overt act alleged; that the defense
claims that the purposes Of the march
ers were not unlawful ones failed be-
cause the purpose was to kill all the
constituted authorities Of Logan county
before they began union organization,
and that was reasonable purpose;
that the federal governments authority
was delegated from sovereign states. In
validating the defense argument there
could be no treason against state be-
cause the federal constitution limited
the sovereignty Of the separate states;
that successfully to instigate treason Is
to commit 1t and that the forces with
whom the armed miners fought were
military forces called under power given
tho governor for the defense OF the
statA
The other Side
Among contentious stressed by Mr.
Townsend were: That, although there
had been much evidence that many peo-
pie committed crimes different and dis
tinct from treason, the jury ought not
TO be given the opportunity to pass on
n question Of treason because treason
was the thought most remote from the
mind Of the defendant or OF any other
person; that after the march two grand
juries passed by and until five months
later nobody thought Of indicting any
body for treason" that intent TO over
throw the government as such. and not
meer resistance to n statute or an OFF,
Ger was necessary to treason that the
indictment alleged Blizzard engaged In
battle" but there was no evidence that
he engaged in any battle. and that furn-
ishing ammunition was the only unequi-
vocal charge brought against Blizzard
and only one witness testified az to that
while the constitutional provisions as to
treason required two witnesses TO the
Same overt act"
Charges War Was Levied.
I'VE charge that these men not only
conspired 10 levy war. but that they
levied war, and every witness for the
state proved this" Mr.. Belcher declared.
! can there be any question what the
leaders intended to do after evidence
that they robbed stores, and murdered
men. even some Of their own men, while
war was going onT'
Quoting Blizzard as saying at Blair:
Don't fight the federal soldiers. but
'lont give up your positions until you
are sure the federal troops are there"
the attorney continued. II know they
could not withstand the United States
army but they thought they could para
lyze the state government"
Again after quoting authorities which