Hellraisers Journal: From the Duluth Labor World: “Mine Owners Get Setback in West Virginia Treason Cases”-Keeney Trial

14th November 202215th November 2022 Janet RayeBattle of Blair Mountain of 1921

Quote Wm C Blizzard, Nine Miners in Chains Charles Town WV Apr 23, 1922, When Miners March p294 —————

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.

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

26th April 202222nd October 2022 Janet RayeBattle of Blair Mountain of 1921

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.

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