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Hellraisers Journal – Tuesday November 14, 1922
Charles Town, West Virginia – Keeney Awaits Ruling Regarding Change of Venue
From The Labor World of November 11, 1922:
Accessory to Murder.
Keeney had been called to trial on a charge of accessory to a murder-the charge growing out of the attempted march of union miners into Logan county several months ago in protest of the feudal conditions in its coal fields.
Efforts of the prosecution to call William Blizzard to trial on the same charge, after Keeney had been granted a change of venue, brought a ruling from the court that further proceedings would be suspended until after the Court of Appeals of West Virginia has passed upon the action of the court here in granting a new change of venue in a case which was originally removed here from Logan county. This ruling is expected in about fifteen days. While granting the change of venue, the court declined to issue an injunction against the coal interests of the state from participating in the prosecution and putting up the money for conducting the trials.
First Defeat.
Keeney’s victory brings to the coal interests their big defeat in the effort to oust the miners’ union from the state. Incidentally, it exposes in a court of record the activities of the coal interests in using the prosecuting power of the state to fight the miners’ union.
Attorneys for the prosecution bitterly contested the motion of Keeney for a change in venue. It was claimed that one change in venue is all that the law allows, and that Keeney was enjoying that in having his trial removed to Jefferson county from Logan county. It was claimed that the court did not have the power to grant a second change, and maintained that the allegations of prejudice in Jefferson county were unfounded.
About 100 affidavits were offered from residents of Jefferson county, where three convictions had already taken place in the “treason” cases, that no fixed prejudice exists in the county, and that Keeney could “get a fair jury.” The court ruled these affidavits were too general in character to be of value.
Sought to Stop Flood of Money.
Keeney’s motion for a change in venue was quickly followed by an application for an injunction to prohibit the Logan Coal Operators’ Association and 77 coal corporations from contributing money to finance the prosecution of the miners’ union officials. This application was later denied by Judge Woods.
Keeney’s application in addition to asking for a restraining order against the Logan Coal Operators’ Association, and various coal corporations, also mentioned Sheriff Don Chafin, and his deputies in Logan county; and Sheriff Macaughtry, of Jefferson county, with the plea that they be restrained from continuing to use money to defray expenses and costs of the “treason” trials which is advanced to them by the coal operators of Logan county and other non-union fields in the southern part of the state.
It is alleged that over $32,000 has been directly paid out by these coal operators in the prosecution of the cases at Charles Town.
An indirect sum of twice this amount is understood to have been expended, while the preliminary expenses incident to the preparation of the cases brings the total to a sum of $150,00 to $200,000.
Private Prosecution.
Keeney in his petition made the charge that his prosecution is essentially “private prosecution,” and claimed that the Logan Coal Operators’ association, and the private coal corporations, who desire to drive the miners’ union from the state, have contributed large sums of money to further it, and stand ready to advance other sums. He pointed out that these interests have even advanced money in the previous trials for the payment of jurors’ fees.
State is Bankrupt.
The state is bankrupt, he said, and without funds to defray the costs of these trials removed 300 miles from the place where the indictments were brought, and where the witnesses reside.
Association of John D. Porterfield, prosecuting attorney of Jefferson county, with the case-done upon the order of Judge Woods a week ago-does not change its aspects, Keeney contended, and pointing out that the “coal lawyers” are still present in their capacity as “special prosecutors.”
Keeney’s petition demanded that W. R. Thurmond, president of the Logan Coal Operators’ association, and Robert Scott, an alleged deputy sheriff of Logan county, be required to appear and testify in writing as to what money has been contributed by the coal operators for the “prosecution” of these cases.
Thurmond testified at the trial of William Blizzard last spring that his organization had contributed $15,000 at that time for this purpose. Scott is understood to be a former sheriff of Pike county, Kentucky, opposite Mingo county, imported to Jefferson county by the Logan operators to handle matters for them.
The petition arraigns the deputy sheriff system in Logan county, and the payment of salaries of many deputies by the coal operators.
The petition asked specifically that the coal interests, named as defendants, be restrained from either directly or indirectly contributing or extending any money under the present arrangement for the prosecution of Keeney. In presenting this motion, Mr. Van Fleet said that the defense did not seek to restrain proper prosecution, but did seek to compel the state to assume charge of its own processes, and remove them from the hands of the coal interests.….
The move of Keeney and his attorneys has caused confusion and near panic among the attorneys for the “prosecution” and for the coal interests on the ground. Political interests in Charleston are understood to be greatly disturbed over sudden turn of matters in the trials here.
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MINE OWNERS’ FINANCES BEHIND KEENEY TRIAL
———-The trial of C. F. Keeney, president of West Virginia district, United Mine Workers, on indictments growing out of the Logan county march of miners, opened at Charleston [Charles Town] after vigorous protest by Keeney’s attorneys.
The defense charged that the state is not represented at the trial, that the prosecution is in charge of the Logan coal operators’ association, and that the trial is part of the campaign of anti-union coal owners. The attorney also charged that witness fees and other expenses of the prosecution are being paid by the coal owners.
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[Note: Keeney is President of District 17, not District 21, U. M. W. of A.]
[Photograph and emphasis added.]
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SOURCES & IMAGES
Quote Wm C Blizzard, When Miners March, re Apr 23, 1922,
-Nine Miners in Chains Marched Through Charles Town WV
https://books.google.com/books?id=N7dHEAAAQBAJ
The Labor World
(Duluth, Minnesota)
-Nov 11, 1922
https://chroniclingamerica.loc.gov/lccn/sn78000395/1922-11-11/ed-1/seq-1/
https://chroniclingamerica.loc.gov/lccn/sn78000395/1922-11-11/ed-1/seq-2/
IMAGE
Keeney, Prz UMW D17, Lbtr p9, Aug 1920
https://www.marxists.org/history/usa/culture/pubs/liberator/1920/08/v3n08-w29-aug-1920-liberator.pdf
See also:
The Connecticut Labor News
(New Haven, Connecticut)
-Oct 27, 1922
https://chroniclingamerica.loc.gov/lccn/sn92051283/1922-10-27/ed-1/seq-1/
Search: keeney trial Oct-Nov 1922
Note: Keeney’s Trial was eventually moved to Morgan County
https://chroniclingamerica.loc.gov/search/pages/results/?state=West+Virginia&dateFilterType=range&date1=10%2F22%2F1922&date2=11%2F30%2F1922&language=&ortext=&andtext=keeney+trial&phrasetext=&proxtext=&proxdistance=5&rows=50&searchType=advanced&sort=date
Tag: West Virginia Miners March Trials 1921-1922
https://weneverforget.org/tag/west-virginia-miners-march-trials-1921-1922/
Tag: Frank Keeney
https://weneverforget.org/tag/frank-keeney/
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