Hellraisers Journal: West Virginia Miners Resent Treason Charge; Declare They Are as Patriotic Citizens as Anybody

Quote Fred Mooney, Mingo Co Gunthugs, UMWJ p15, Dec 1, 1920 —————

Hellraisers Journal – Wednesday April 26, 1922
Charles Town, West Virginia – Miners Resent Treason Charge

From the Baltimore Sun of April 25, 1922:

(From a Staff Correspondent.)

Charles Town, W. Va., April 24.-Attacking directly the indictment charging treason, attorneys for the defense in the big industrial trials which opened here this morning began their fight to clear more than 100 men, mostly members of the United Mine Workers of America, of charges growing out of the armed march from Marmet, Kanawha county, to Logan county last August and September.

Entering a demurrer to the treason indictment, which covers 23 defendants, had been expected, and from the legal point of view is regarded as purely a routine move. From the moral point of view, however, and particularly , considering the effect it may have on public pinion, the outcome of the maneuver is regarded by the defense as of paramount importance.

Treason Charge Resented.

Indictments for murder and conspiracy were more or less expected in the circumstances by the United Mine Workers, but the indictment for treason always rankled. It is their contention that they are as patriotic citizens as anybody, and that they never for an instant contemplated war on the constituted authorities of the United States or West Virginia.

The arguments today, therefore, were followed with more interest than was usual at such a stage an ordinary trial, and many of those accused betrayed not a little tenseness as the attorneys held forth.

The arguments on which the demurrer was based were largely technical, fault being found in one instance with the language of the indictment, and in another with the alleged general character of the offenses charged. The tediousness of the arguments, however, never for an instant acted to break attention with which the case was followed by the crowd in the courtroom.

Judge J. M. Woods, of Martinsburg, who is presiding, reserved his decision on the demurrer until the morning, and court adjourned about 3.30 this afternoon.

Crowd Has Holiday Air.

The crowd in front of the Courthouse this morning, far from presenting the grim aspect you might expect from men about to go on trial for their lives, were rather a holiday air. The defendants had been provided with ribbons reading “U. M. W. A. – Defendant,” which made them look more like a lot of delegates to a fraternal order convention than men accused of the most serious crimes on the statute books.

Although there was an undercurrent of nervousness, most of the crowd appeared to be in high spirits. Practically the whole morning was consumed by “checking up” the defendants. This was an interminable business, for the indictments are “overlapping”-that is, men have been indicted for several offenses and in more than one county.

Now and then it would seem that the job was done, when it would be found that some man was absent. A hard-fisted, grimy man, somewhere back in the courtroom, would get up of his own accord and inform the court that Zeke Smith or Dave Jones had told him day before yesterday that he “hadn’t asked for no change of venue, that he was to be tried in Logan county.” Counsel for the prosecution would read from the record that both Zeke and Dave, through counsel, had made application for change of venue and were under $5,000 bond to appear.

“Make a note of it,” Judge Woods would say wearily, and the roll call would proceed. It sounded like reveille in the army, there were so many of them…

Lewis And Gompers Expected.

Tomorrow John L. Lewis, international president of the United Mine Workers, will be here, and it is reported that Samuel Gompers, president of the American Federation of Labor, will be on hand.

Those on trial for treason are: C. Frank Keeney, president District No. 17, United Mine Workers; Fred Mooney, secretary-treasurer, District 17; Scott Reese, William Ray, Dave Ware, E. B. Oaks, James Corbett; William Blizzard, president of a subdistrict; A. C. Porter, R. P. (Deck) Toney, Frank Snyder, A. D. Lavender, Ross Hager, Walter Allen, Dee Munsey, Lawrence Dwyer, Henry Alford, Dewey Bailey, Anthony Neff, James Burnside, Okey Johnson, Isaac Scott and Charles Elswick.

Attorneys for the prosecution are: John T. Porterfield, Prosecuting Attorney of Jefferson county; John Chafin, Prosecuting Attorney of Logan county; Forrest W. Brown, George M. Beltzhoover, Jr., A. M. Belcher and C. W. Ossenton.

Attorneys for the defense are: H. W. Houston, P. C. Townsend, Charles J. Van Fleet, L. Fulton, James M. Mason and Samuel B. Montgomery. J. M. C.

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[Emphasis added.]