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title: 'New-York tribune. (New York [N.Y.]) 1866-1924, April 26, 1922, Page 5, Image 5',
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In Treason Case
Gillian? Rlix/.ai-<!. Said I ?.
B< ! eader. * ito^eu ;*.?? \\u:
I hi <?> ? t. r J uri : I* *iuli\
Indie (Itieiii ?'b.i i>r*iiM'd
Troops Guard Courtroom
Twenty ? three Indicted in
Mingo ?March Vsserl Their
Innocence XV lien Called
? , - ?. ?u \. \\. \ ... v. .
1 a i oneoftbcleadei
of I - ?01 '?,'?-: r- ? ' . . state,
: , un - - seiet '"it b. the? pro.<e? ul
?. ', prei ?- ? defe -::??' ? ? i ?trials
.. ? ? ? ? _, ? ,
,>er mine1 wo; er in com cite I
on 1 .'?-at: :? nd Mingo."
,i. the tv ntj '- ????- dcfi -
i ? ' lerdny otion
the treason indictment wa
r? elefen ? . To da? the d?
la eparati trial
ffrnd This granted without
liarle; I ludg Johi Mitel til W? od:
lesignul Bli ?r :,
or th? first t rial. The defense
h.vv. compelled the Btate to have pre?
pared a b'.H of particulars as to the
allejred partieipatio:* o'.' Blizzard in the
But if this wat a victory, the dr
fense ' > I In the other outstandinp
. ;.-:?? of importam e of th? day, the
t" quash t ho ntiictmci :.
' ,-.-. "' o -. a engthy discus io
?. - it on the "C o '
and i\ hat consti? ?....
..... .. , rruled ?:.? ., - .(,. holding
? s* the first point raised bj *'??? do
ens?, '. at the word "fe onb u: " should
a . upoeared in the lie. was
not * 11 taki ?
\o Definite Conclusion
O? the second r ? ?; '? : ? ? for4 b
? ie d"'' :*-e iti this conuectit ; that the
- -: tmsnl was much too indefinite in
its dec'.: .?'. *. as f" alleged treason
able "o*.-r*- acts" specified and their
re'it-tlor. to the defendants individually,
a point based on the Chief .Justice
Marshal! decision in the Aaron Burr
-.?/-.??. the court came to no definite
rhe judge he'd thai although some
<??' tl e purposes alleged in the indict
i ent, while vague, might if coupled
f lth others, have some bearing on
T-hether the defendant were, guilty of
treason, that crime, "is directed against
the sovereignty of the state Itself" and
ahonld not be confounded with such
irlmeu as riot and insurrection.
"I en; inclined," -aid Judge Woods,
"'0 hold at the preset! lime the view
thbt the purpose alleged in the indict
!-t?nf must be taken as the true pur
p.-.^e'? which actuated them 'the ele
?fendantsi at that time to nullify the
Governor's proclamation of military
lair In Mingo and Logan counties end
' enc?** the acts alleged in the indict?
ment in pursuance of that design would
he such as -would be naturally calcu?
lated to accomplish their design and I,
therefore, overrule the demurrer to the
Indictment and to each count thereof."
"I would hesitate much longer to
?sustain thia demurrer with my present
??lews upon it than to overrule it, be?
cause the question atill may be raised,
if necessary hereafter, on motion in
arrest of judgment."
The attorneys for the defensa found
nearly as much satisfaction in refer?
ence to the court to a later possible
m of i on In arrest of judgment as did
th? *tat? In the overruling of the in?
dictment, as this was interpreted as.
meaning that the court has by no
n.*>nns made up his mind on the nub
jact of whether the "march on Logan
ft." A Mingo" constituted treason, and
that ha "has to be shown."
Wife Present at Trial
Blizzard, who became the central
^gure In the miner cases with the
s-r.nouncement of his name as the first
trial defendant, is twenty-eight years
old and the president of Sub-district
So 1 of District No. 17 of the
United Mine Workers of America. He
was born and reared In Ksnawha
County, where he worked In the mines
ur.til a few years ago. when h<; became
"terested in the effort* to unionize
the miners. He has been an official of
ihe union for several years. He is
-narri'-d?his wife Is here and is one
of the most interested watchers in
the court proceedings.and has two
That he has influential connections
*.n the state Is shown by the fact that
V-la cousin, Gordon Blizzard, Is a mem?
ber of the Legislature. An i::.c!e is
J i*.de*?-> Reese Blizzard, a jurist who for?
merly was on the Circuit Court bench
of this state for many years.
It is this youth that the state hope.?
to prove acted as the field marshal of
'Se miners on their now famous march.
Rl<e case undoubtedly will have a most
important bearing on the outcome of
The first and original Cold and Grip
Tablet, the merit of which is recog
_zed by all civilized nation?.
Be sure you get
i rench .'? uedi
12 and AS
T?e World'? Greatesl Lealker Slorei
??01 I Mi V.r., Nr? Volk, ?:?'<??? ?mud u a*?
'?-:. 1? - ?" !" ?-moni S.lce'
l.omlun- -i i I'-....,.: Street
Scene of the Mingo Minera* Trini
_ _ _,_ - > r*WK?}V-??: :<?*w" I
The Joffer.ion County ( ourl House in Charlcstotcn, W. I o.. and the
crowd congregated in front, awaiting the calling of the treason ehatges
against the union men icho participated in the armed march against
the unorganised l.ogan fields
??;; others, ever., it is expected, on the
murder and other indictments naming
ft total of more than 700 defendant!".
Bl - ard however, in the first state
ment made by him after the announce?
ment of hi? name, smilingly denied be
jwai the dangerous character the prose
cution thinks he in.
"I did not urge the making of the
march, nor direct, it in any way, as 1
i am accused of doing," he said. "What
I diii was to make a flying trip to the
?marrhers after I heard they'd started
r.rrd endeavored to got them to F,top it
land go back. 1 have the utmost, confi?
dence that the result of this trial will I
?be my complete vindication."
All other twenty-two defendants,
i after Blizzard's nnme v-rs called,
| crowded about him to shake bis hand,
many of them declaring they wert* tlis
i appointed that they had not been
chosen In his stead.
When the session opened members
I 6? the ?tato police force bad been
I placed at strategic points in the room '
j by Captain Arnold, their commander,
I with at least two of them standing he
! fore a door at one side of the judge's !
Union Officials Unarmed
]n connection with the subject of j
j emergencies, it was learned that, while ?
all the state's witnesses have permits
to carry firearms with most of them
reported to b? carrying two revolvers
apiece none but the- leading union of?
ficials among the defendants obtained
such permits, and most or' tire latter,1
were declared to br> unarmed. This has ,
caused some criticism, both because of
the manifest advantage of one hostile
group against the other ar.d question
SUNDAYS?April JO. May 14 and 28
f,-i> St., 12. ) 0 A, M., Broad St., NowaiW,
5 ?- : 1 o a. M. Keturnli'g: leave AVashinsiuii.
4.00 P M Baltimore, ;'? ?0 ;? M
I.?.stern M;m nuil Time Shown
May 14th LU RAY. VA. $6.00
FUR STORAGE?Remodeling; and Repairing
Phone 6900 Fitz Roy
I franklin ^imon & Co.
r.A Store of Individual S/;o*s ^
FIFTH AVENUE, 37th and 38th STS. ffifl
The Vogue of J^png Coat Suits
Kjiovon better as the
OF TAN OR NAVY
t?^|* FrankI in Simon ?P
ffbX Co. Introduced The
*^V Gracele Suit That
\\ Has Nozv Become
\\[ The Lone Coat Suit
^_T of the Mode
The Gracele Suit with the
long gracile coat line that
makes Madame look slender,
was introduced by Franklin
i Simon & Co., in January and
1 has become the vogue of
I April, for one sees it every?
where one goes, and likes
it everywhere one sees it. . .
Customized Suit Room?First Floor
,u. -, I III , ' ni I'l 1 ?1 . " '
in to why any one concerned should i
he permitted to possess weapons at all.
Realizing the dangers of the Im?
porting Bf any "moonshine'' Into the
situation, the state police have taken
insnj precautions to prevent this.
One report circulated to-day was that
n carload of "corn liquor" had been j
leiied not Cnr from this county nnd !
that n man arrested in connection with
it was later released by a justice of!
the peace, hu? this could "?it be veri j
Following the ruling- of .ludgn Wood? '
on the motion to quash, all the twenty
three Indicted were formally ar
raigi ed I,rich man rose from hin seat
and answered "Not guilty" to the call
?ng of his name.
To-morrow morning, after the bill
of particulars is entered, the defense
is expected to raise a number of ob
jections to trying Blizzard. If these
arc unsuccessful, the selection of jurors
.hulge Woods'a decision on the mo?
tion to'quaah read in part:
"Treason is an offense that differs
from all other offenses in that ?t is an
offense ngf.in:;t the sovereignty of the
Btate it.scif. It. is h direct injury, or
an attempt to commit a direct injury,
t?> the government of the state. In
ii" i mue is it an offense against an
Indi* ?dual. I think the chief character
of treason is that it is designed to sub
cert !'v* government, either wholly or
in part. And under our Constitution
treason consists only in levying war
against the state rind in giving aid
: nd comfort to its enemies.
"So far as the allegations of this
ndictment are concerned, the indict?
ment would have to allege facts, which.
;f true, would consist of levying war
against the state.
Treason Is Defined
"Every violent opposition to the exe?
cution of the laws of the Btate, every
resistance by force and violence to the
officers of th>> state in the performance
of their duties is not. treason. To con?
stitute levying war against the state
the purpose of the war, the intent of
the violence that is offered against the
officers of the lav, In the performance
of their duties, must, have a treason?
able <!e?igr.. It must b? a design
against the sovereignty of the state.
"If that were not so, every riot, every
insurrection, every resistance to an of?
ficer, would constitute treason. Due of
the chief characteristics of treason is
that it is an offense which has Its in?
ception in a conspiracy. So does a riot,
and so does an insurrection. The de?
sign in ii riet, or insurrection, however,
is not. necessarily against the sovereignty
of the state. Rioters may assemble to
gethcr In an unlawful assembly, they
nui;* conspire to do an unlawful act, or
s series of unlawful nets. Their purpose j
may be? to commit a felony, or to ocin- |
mit n misdemeanor, und they may pro '
cpcr] with arms and with the intent to
use violence to accomplish their designs,
and yet. it wouldn't be u treason.
"It would not be a reason for an un?
lawful jisspiiihliifTo 0f Individuals to
como toge! lier unless their purpose is
by force and violence to commit some
act or some acts, which, if successful,
will subvert the government In whole
or part.. And if their design is to
subvert the government In whole Or
nart their proceeding to gather in
force, In hucIi a manner as to Indlcat?
their intention to use force, even
though th?y may not be armed with
deadly weapons, would be a sufficiently
overt, act to constitute treason.
"The particular matters alleged in
this indictment and In each count of it.
nro an unlawful assemblage In large
numbers of thn defendants with other,
of similar purpose, being armed for
the purpose of marching from one
place In this state, through an adjoin
ing county, and into two other coun?
ties, and actually proceeding on that
march; the Rcizing of wagons, automo
biles, railroad trains and other things
I hut they needed to accomplish their
purpose, und in the county of Logan,
engaging in a number of conflicts with
the military forces of the State o?
Wesl Virginia, who bad been assem?
bled by the Governor of the state nt
the request of the judge of the circuit
court, the Sheriff ami the prosecuting
attorney of that county, stating their
inability to prevent this armed inva?
sion of that county, and the necessity
of the Governor calling on the military
forces of the state to assist them in
the preservation of peace and order.
"It is unfortunate that there are so
few actual adjudications of these ques?
tions in this county. A great, deal of
law that we have on the subject of
treason consists of tho opinions of
judges in their charges to grand juries
and of the opinion of textbook writers,
"Taking these indictments together
it. would appear that the defendants
were stubbornly continuing their oppo?
sition to the military forces of the
ata'e long after, probably not In point
of tlmo but in point of events, they
should have dispersed under any and'
all circumstance'- contemplated by the
statute; that their purpose as ex
pressly alleged in the indictment wac
to nullify the military law of the state
and proclamation by the Governor o1
the state, I take it, not only by the
written proclamation, but by his hav
ing sent the military for?es of the
state into this locality."
Bill Would Repay Wooden
Ship Men for flontrart Ironise?
WASHINGTON, April 30, The Ship
ping Board would bei authorised to re?
imburse bui)d?rs of wooden shlpa for
losses ?untairied as a result of cancel?
lation of government, wartime contracts
and abandonment of wooden ship con?
struction undar a bill Introduced to-day
by Chairman Greene, of the Houei?*?
? ? W. Irving1
Hand Forged Hardware
is most distinctive
For Homes, |
W. Irriai Churches, Camp? or
Tkninit* Bungalows of indi
No. 161 , ,,. r. -
.Slioc Scrapers Toast
in*? Forks, Fireplace
Tha W. Irving Forge, Inc
326-328 E. 38th St., N. Y.
Invest $100 Today
1? TToiiIrl Mean tr> Ton er
to Your IJe-neflelury
''or tosa of Ufa. iim-b* or Kiphi tJ-iru
">IJ-!(p. out for? <j ft? 15 or any other acc<
If by tn If.rtrlitit of TruFfl
tsioo to %.2<K) Weekly VTliUe Disabled
William S. Blizzard
115 Broadway, >'. V. Hector 44??.
Merchant Marine Committee. It would
be left for the board to determina
amount? due builders through cancel
lationa. AU elaima would hav? to be
filed within three month? from pa? sag?
of the act.
S H R E W D
men of 3?tmswD wmjrr*t.rrr
BXFBBIBNCB A S9BPRISING
DBCBBB OB SATISFACTION IN
SELECTING A BUSINESS SUTT IN
THIS ESTABLISHMENT. IT IS
EAST TO BB IM PB BSSBD BY
REALLY SPLENDID CLOTHES OF
GENUINE STTLB WHICH DEMAND
ONLY A MODEST EXFBNDITUBE.
xmao r- ro-?vr^air
TAILORED AT FASHION PARK
custom rrrrrsn wrrtrooT
TB& AlttfOYAHC* OP A 7XT~4Hf
3 W#?t!46 th.Str ? ?*
It saves $427,000 a year for the
merchants of a great western city
How a ^Package Car System" eliminates delays
and increases profits for St Louis shippers
THERE is indeed quite a "business romance
in the history of the achievement."
Through cooperation with railroad officials
the Traffic Department of the St. Louis
Chamber of Commerce has established a
"Package Car System" which is attracting
T 200 package cars leave St. Louis terminals
daily, each carrying a combined lot of lcss
than-carload shipments under scaled doors to
common distributing centers. They reach
their destination with express-like speed and
make possible a rapid delivery of shipments to
towns, large and small, in every territory.
On the single item of interest charges
accruing on shipments delayed in transit, it
has been estimated that the merchants of
St. Louis are saving $1200 a day or more
than $427,200 a year.
IN almost every business organization the
demand of the hour is for reduced costs and
larger profits. The same capital must be made,
to do more work. Waste and delays?in
manufacturing, in selling, in shipments, in
collections ? these must be elimi?
nated to speed up the turnover of
Pre-eminently commercial for over
seventy years, the Irving .National
Hank has built up many highly
specialized departments?? all de
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81-83 Fulton Street
92 West Broadway
signed to get more power out of the dollar
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Irving special Bill-of-Lading Department
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Quick, accurate service in collections, in
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