Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1922-06-13
TRIAL OF REV. JAMES E. WILL
BURN UNDER WAY.

DUNN ONOEk Wal.
Being Tried For Murder For Killing
John Gore in Logan County.
The trial Of Rev. James E. VIII
burn charged with murder in con-
nectbn With the killing Of John
Gors, a Deputy Sheriff Of Logan
County, during the attempted armed
march of West Virginia Miners into
Logan County last August, is getting
under way in the Jefferson Circuit
Court in Charles Town today.
All of yesterday was taken up
with the preliminaries of the trial,
and late yesterday evening the jury
was finally selected, which is COM
posed of the following citizens Of
Jefferson County: A. S. Lucas, M.
o. Rouss, Ferd Rondal, ]. A. Engle,
Jr., David Jones, Herbert Miller,
Pinkney Schley, Chas. H. Kable,
Franklin Lyme, Henry Shepherd, Jas.
B.. Kemp, Herbert Rogers.
Determined efforts by counsel for
the defense to ascertain to what ex-
tent prejudice existed among the
jurors marked the opening of the
trial. The afternoon was spent in
the individual examination of jurors
and attorneys prosecuting the case
entered multitudinous objections.
Mr.. Wilburn, great, gaunt figure,
pale and somber, sat behind his at
torneys, with his family around him.
He wore a green suit that accentuat-
ed the pallor of his face. He en-
tered the court room slowly, SEEM
ing confused. Mrs. Wilburn, at his
side, and the children would try to
encourage him with smiles and whis-
pers. For a long while he held in
his lap his baby, little boy in clean
pink rompers, who soon went fast
asleep.
One thing was made apparent by
the developments: the narrow field
to be covered by the trial. Judge
j. M. Woods pointed this out while
the examination of the first juror
called was in progress. He declared
that the trial would be concerned
only with the question, did Wilbur
kill the deputy, or was he a party
to the killing; and if so, to what
extent did malice actuate him?
Judge Woods also defined EN-
phatically his attitude toward the
armed march by the miners on Logar
county, which resulted in this ane
other indictments. The defense hae
challenged juror, who admitted
that he once said somebody ought tt
be punished for the march and thai
he believed the miners leaders
Blizzard, Keney, Mooney-were t.
blame for the trouble.
When he says somebody ough,
to be punished for the march," sale
Judge Woods, che says only wha,
everybody would say. The marcl
was contrary to law and order anc
was not justified by any conditions
The more grievous the miners com
plants the more reason for placing
them before the ppublic, but no eff
fort to redress them by force should
have been made. Who ever got III
that march should be punished.
Wilburn is being prosecuted un.
der that one of three indictments
which charges the murder of John C
Gore. 1t was anticipated that, per.
haps, the prosecution would use
another indictment brought under
the Red Mems act, which would
make all men convicted of conspiracy
in the Staying equally guilty of first
degree murder. The prosecution will
however, offer evidence to show 8
conspiracy.
After the jury was sworn in this
morning, the opening statement tt
the jury for the State was made by
Attorney c. W. Ossenton. The De
Tense preferred to defer their open
ing statement until the State visit
ed its case. Witnesses for the pros
ecution are being examined TODAY.