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Hellraisers Journal – Sunday September 14, 1913
“Hard Up”-Poem by Roxie Trent of Christian, Logan County, West Virginia
From the Huntington Socialist and Labor Star of September 12, 1913:
Tag: Logan County WV
Hellraisers Journal: From the Duluth Labor World: “Mine Owners Get Setback in West Virginia Treason Cases”-Keeney Trial
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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.
Hellraisers Journal: “The Battle Ground of Coal” by James M. Cain-Union Organization and the Miners’ War in West Virginia
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Hellraisers Journal – Sunday October 8, 1922
“The Battle Ground of Coal” by James M. Cain
From The Atlantic Monthly of October 1922:
THE BATTLE GROUND OF COAL
BY JAMES M. CAIN
I
As you leave the Ohio River at Kenova, and wind down the Norfolk and Western Railroad beside the Big Sandy and Tug rivers, you come into a section where there is being fought the bitterest and most unrelenting war in modern industrial history. The country furnishes a suitable setting. Rocky hills, small mountains, rise on each side. They are gashed by ‘creeks’; looking up these, you see that the wild region extends for miles back from the railroad. There is no soft, mellow outline about these hills. They are sharp and jagged; about their tops grows a stunted, scraggly forest. Their color is raw: glaring reds and yellows, hard, waterstreaked grays. Here and there you see the blue-black ribbon of coal.
In this untamed section of West Virginia two tremendous forces have staked out a battle ground. These are the United Mine Workers of America and the most powerful group of nonunion coal-operators in the country. It is a battle to the bitter end; neither side asks quarter, neither side gives it. It is a battle for enormous stakes, on which money is lavished; it is fought through the courts, through the press, with matching of sharp wits to secure public approval. But more than this, it is actually fought with deadly weapons on both sides; many lives have already been lost; many may yet be forfeited.
As the train carries you southeastward, you see some signs of it. You pass many coal mines, and some of these are closed down. At the stations, pairs of men in military uniform scrutinize all who alight. These are the West Virginia State Police; a strong force of them is on duty here, for bloodshed became so frequent that one of these counties, Mingo, was placed under martial law. You pass occasional clusters of tents-squalid, wretched places, where swarms of men, women, and children are quartered. Everywhere you are sensible of an atmosphere of tension, covert alertness, sinister suspicion. It is not by accident that these State policemen appear always in pairs.
If you get off the train at Williamson, county seat of Mingo, you will be at the fighting front. People there will tell you that this struggle has been going on for three years. They will tell you of the bloody day at Matewan, May 1920, when ten men, including the mayor of the town, fell in a pistol battle that lasted less than a minute.They will tell you of guerrilla warfare that went on for months; how Federal troops had to be called in twice. They will tell you of the ‘three days’ battle,’ which resulted, in May, 1921, in the declaration of martial law. Union partisans will tell you of the exercises on May 30 last, when the graves of a score of union fallen were decorated with all the ceremony accorded soldiers who have died for the flag. The operators will tell you of attacks from ambush: how their men have been shot down from behind; how witnesses for trials were mysteriously killed before they could testify. The atrocity list and quantity of propaganda give this war quite an orthodox flavor. It is very hard to sift out the truth.
II
Back in 1898, when the coal industry was quite as unsettled as it is now, the union and the big operators evolved a working plan to stabilize conditions and equalize opportunity. This was the conference in the Central Competitive Field, whereby a wage scale was arrived at for this region, and scales in all other union districts were computed by using this scale as a basis and making allowances for different operating conditions, freight rates, and so forth. This was in order to give all districts an equal chance at the market. Coal is probably the most fluid commodity sold: coal from one section competes with coal from another section remote from the first. It is not analogous to a trade-marked article, for which an arbitrary price can be obtained by advertising campaigns and kindred methods. No amount of advertising can make coal of a given grade from one section outsell the same grade from another section at a higher price. This peculiarity of the coal market was the reason for the basic wage-scale arrangement which gave all districts as nearly equal chances as possible, and precluded the possibility that a miscalculated rate might put whole mining fields out of business altogether.
The plan worked fairly well for a time. Within a few years, however, it was discovered that large new areas of coal lands had been developed, and that most of these were being worked with nonunion labor. They had been left out of the original calculation, largely because the existence of such large virgin fields was not known until after the opening of the present century. Some of them were in Pennsylvania, but most, and by far the largest, were in southern West Virginia. Employing nonunion labor, they worked at a lower wage-scale than the union areas, and had become a formidable factor in the industry, for they were underselling union coal constantly. In the years just preceding the war, their effect on the market-and particularly the greater number of days their labor worked during the year-had become definitely noticeable. During the war, there was demand for everybody’s coal, and there was no pinch then. The pinch came, however, in the year following the peace.
Hellraisers Journal: From The North American Review: “The Miners and the Law of Treason” by James G. Randall, Part II
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Hellraisers Journal – Monday September 4, 1922
Charles Town, West Virginia – Miners on Trial for Treason Against the State, Part II
From The North American Review of September 1922:
THE MINERS AND THE LAW OF TREASON
BY JAMES G. RANDALL
[Part II of II]
Turning to the case of the miners, we find that the offense for which they (or rather a selected number of them) are held is treason against the State of West Virginia. In the Constitution of the State of West Virginia there is the following provision:
Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Treason shall be punished, according to the character of the acts committed, by the infliction of one or more of the penalties of death, imprisonment or fine, as may be prescribed by law.
It will be noticed that the provisions in the West Virginia Constitution resemble those of the Federal Constitution in the definition of the offense and the requirements as to evidence sustaining the overt act, but that the State Constitution goes farther than that of the United States in that it specifies the general nature of the punishment. An examination of the West Virginia code shows that the punishment, as further defined by the Legislature, shall be death, or, at the discretion of the jury, confinement in the penitentiary not less than three nor more than ten years and confiscation of the real and personal estate. Withholding knowledge of treason, attempting to justify armed insurrection by written or printed words, or engaging in an unlawful assemblage, are punishable by lesser penalties, thus indicating that these offenses are regarded as distinct from treason itself. As to what constitutes “levying war” against the State, this is largely a matter for interpretation by the court, and it appears that Judge Woods has made considerable use of Federal as well as State decisions in determining his rulings.
The acts for which the miners are on trial took place in connection with the serious outbreak of August, 1921. As a climax of years of growing hostility, during which the United Mine Workers had made repeated efforts to unionize the mine fields of Logan and Mingo counties, several hundred men assembled on August 20 at Marmet, West Virginia, with the intention of making some kind of demonstration or attack, the exact purpose of which is disputed. An important feature of the case is that the Governor had previously proclaimed martial law in Mingo County, and had sent State troops into that county to preserve order. It is the contention of the prosecution that the acts of the miners constituted a defiance of this martial law, and an intention to resist the troops.
An appeal by “Mother Jones”, a well-known leader among the miners, failed to disperse them, and the armed force, picturesquely uniformed in blue overalls and red bandanna handkerchiefs, proceeded on their march. The first violence occurred at Sharples in Boone County, where a small force of State police was resisted by the miners while seeking to serve warrants upon men wanted by the Logan County authorities. Several miners were killed and from this time the march assumed much more alarming proportions. By the time the Boone-Logan county line was reached the invaders numbered about eight thousand. Don Chafin, sheriff of Logan County, raised a defending force of approximately two thousand which he commanded until, after some delay, Governor Morgan commissioned Colonel Eubanks to take charge with State troops. For over a week the opposing “armies” confronted each other over an extended mountainous battle-front in the neighborhood of Blair, and there was considerable detached fighting. On the defending side three deputy sheriffs were killed, and it was for their deaths that the indictments for murder were drawn. Probably more than twenty of the invaders lost their lives.
Hellraisers Journal: The Literary Digest: Treason, Reason, and the Acquittal of Blizzard at Charles Town, West Virginia
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Hellraisers Journal – Sunday June 18, 1922
Nations Newspapers Opine on Acquittal of William Blizzard
From The Literary Digest of June 17, 1922:
“TREASON” AND REASON
THE NAME OF WILLIAM BLIZZARD, West Virginia miner, has been added to the few who have been tried in the United States for treason. Like most of the others, he was acquitted, yet, notes the Washington Herald, “there is plenty of reason to fear that if the case had been tried in Logan County he would have been found guilty and given the severest sentence possible on the treason charge.” That any fair-minded jury must acquit the youthful official of the United Mine Workers of America was obvious from the first to The Herald, the New York Times, and other papers, and why the indictment for treason was brought is more than The Times can understand. “Attorneys for Blizzard,” caustically observes the New York Evening World, “might have claimed that the crime charged was impossible, because no Government existed in West Virginia against which treason was possible.” “In fact,” agrees the New York Herald, “Government in West Virginia had broken down, and its power had passed in part to the mine operators.” The leaders of the union miners who marched against Logan and Mingo counties, last August, according to this paper, were manifestly trying to take the law into their own hands, “which the non-union coal operators, controlling the local government in the two counties, already had done.”
In the opinion of the conservative New York Times:
Whatever their offenses, the unionist miners and their leaders were not trying to subvert the Government of West Virginia in whole or in part. Logan County can scarcely be said to have been under the rule of law or to have had a republican form of government. Private war was answered by private war. Some constitutional guaranties appear to have been suspended by conspiracy of non-union operators. If there was any “treason,” it was on both sides; but there was no excuse for charging the leaders of the misguided invaders of Logan County with the highest of crimes.
Hellraisers Journal: From the United Mine Workers Journal: Coal Operators of Logan County Fail to Convict William Blizzard
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Hellraisers Journal – Saturday June 17, 1922
Charles Town, West Virginia – William Blizzard Found Not Guilty of Treason
From the United Mine Workers Journal of June 15, 1922:
After a trial that lasted five weeks, a jury at Charles Town, West Virginia, returned a verdict of not guilty in the case against William Blizzard, who was charged by the Logan county coal operators with treason against the state of West Virginia. The jury reported its verdict at 9:30 Saturday night, May 27. The court room was crowded at the time, and when the verdict was read and it was learned that Blizzard was free the crowd broke out with cheers that shook the building. There was a wild demonstration. Friends lifted Blizzard from the floor and carried him on their shoulders, while hundreds of people shouted and cheered. The demonstration continued for fully an hour. Charles Town people joined with the miners who were present for the trial in marching up and down the streets of the town in celebration of the failure of the Logan county coal operators to carry out their purpose to send Blizzard and many other members of the United Mine Workers of America to the penitentiary.
Attorneys for the coal operators announced later that they would next try Rev. J. [E.] Wilburn on a charge of murder in connection with the march in August of last year, and his trial was set for Monday, June 12. They also said they would try President C. F. Keeney and Secretary-Treasurer Fred Mooney, also, on treason charge, but no date was fixed for their trials.
The coal operators failed miserably in their attempt to convict Blizzard, who is president of Sub-District 2, of District 17. They placed about 150 witnesses on the stand, but even with all of that array of help they were unable to convince the jury of level-headed and fair- minded citizens of Jefferson county that Blizzard was guilty of the high crime of treason. The fact is that as the trial progressed it was not so much Blizzard who was on trial as the coal operators themselves and their Logan county methods. The defense succeeded in bringing out before the jury a large amount of evidence showing how the coal operators run Logan county with the aid of their hired gunmen and thugs.
One of the bits of testimony that caused much resentment among those who heard it was given by an aviator. He was not connected with the army nor with any other military force, but was a private flyer. He testified that he flew his airplane over the miners’ camps in Logan county and that he dropped bombs on them. Some of these bombs were explosive and were filled with scraps of iron. Others were gas bombs. This aviator testified that he worked at this job four days and that the Logan county coal operators paid him $100 a day. Another witness testified that one of the gas bombs landed near his house, and that the gas sickened his wife and children, killed two pigs in his lot and withered the vegetation.
Attorneys for the coal operators decided to try Blizzard first because they believed they had a stronger case against him than any of the other defendants. If that was true, they have little chance to convict any one else.
It was evident that the coal operators failed to make much of a hit with the jury or with the people of Charles Town by permitting their witnesses to testify in regard to the activities of the armed guards and gunmen and the methods employed by Sheriff Don Chafin and his deputies in their handling of the mining situation in Logan county. Chafin was a witness for the prosecution, but even his evidence failed to convict Blizzard.
[Emphasis added.]
Hellraisers Journal: Rev. John E. Wilburn Will be Witness for Defense at Trial of Miners at Charles Town, West Virginia
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Hellraisers Journal – Saturday April 29, 1922
Charles Town, West Virginia – Rev. John E. Wilburn to be Witness at Trial of Miners
From The West Virginian of April 28, 1922:
PASTOR ACCUSED OF TREASON
MAIN MINERS’ WITNESS
———-
Kept in Solitary Confinement More Than
a Month and Then Handcuffed.
———-By C. C. LYON
CHARLES TOWN, W. Va., April 27.-Counsel for the hunreds of West Virginia miners on trial here for alleged treason and murder in connection with their armed March to Logan county last August are only waiting a chance to put the Rev. John E. Wilburn, for five years pastor of the Baptist church at Blair, Logan county, on the stand as their star witness.
Rev. Wilburn himself has been held without bail, he was brought in handcuffs to Charles Town from Logan. He is now in jail here.
In court he is the center of all eyes.
Reign of Terror
On the witness stand the Reverend Mr. Wilburn will tell a story of the reign of terror in the Logan and Mingo county coal fields of the “‘battle of Blair Mountain” where men died on both sides, of the alleged mistreatment of miners and their families by the deputies said to have been hired by the coal operators, and of his own mistreatment in the Logan county jail following his arrest.
A round-shouldered, tired little man, with kindly blue eyes, a soft voice and an almost saintly manner-that’s Mr. Wilburn.
Not a word of complaint against anybody has passed his lips.
His Experiences
Mr. Wilburn told me his story here in the Charles Town jail.
[He said:]
I am 45 years old and was born in the mountains of Tennessee. I received a common school education and at 16 I was converted to Christ and joined the Baptist Church.
The ambition of my life was to become a minister, but we were very poor, so I went to work in the coal mines to earn a living while I studied.
I was miner and student for nine years before I was ordained a minister. That was 22 years ago.
I saw that my field of usefulness lay with my own people in the mining camps. But they were too poor to maintain their churches so I went on working in the mines to support my family while I preached.
Family Prayer Daily
I am the father of five sons and three daughters and never has there passed a day at our home that we haven’t had our family prayers.
Five years ago I became pastor of the Baptist Church at Blair, Logan county. At the same time got a job as track-layer in a union mine. My three sons also worked in this mine.
I was put in solitary confinement [because of?] all the trouble there.
In September I went back to my old home in Tennessee to conduct a series of revival services and it was not until January that I learned that the Logan County grand jury had indicted me for alleged participation in the “battle of Blair Mountain.”
I immediately wrote Sheriff Don Chafin that I would come back if he wanted me, but, not hearing from him, I continued my revival meetings. When I returned to Logan County in March I was dumbfounded to learn that I was under indictment for murder and treason.
I was jailed at Logan. My two sons, John 18, and Frank 16, had been in jail without bond since December 31. A third son, Isaac, had been in jail but was admitted to bond.
The authorities offered me many inducements to turn state’s evidence and testify against the miners but I spurned their offers.
I was put in solitary confinement in the Logan jail on March 14 and remained in solitary confinement until Saturday, April 22, when I was handcuffed to another miner and brought to Charles Town.
Hellraisers Journal: Charles Town, West Virginia, Stage Set for Trial of Miners; Nine Miners Marched Through Town in Chains
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Hellraisers Journal – Tuesday April 25, 1922
Charles Town, West Virginia – Stage Set for Trial of Miners
From the Baltimore Sun of April 24, 1922:
(From a Staff Correspondent.)
Charles Town, W. Va., April 23.-Excited, nervous, confident here, depressed there, a small army of defendants, witnesses, attorneys and newspaper men has taken possession of Charles Town on the eve of the trials of more than 200 men on charges including treason, murder and conspiracy, growing out of the “armed march” from Marmet on Logan county last summer.
It is estimated that fully 1,000 persons are in the little county seat of Jefferson county in connection with the trials.
Trials Are Sole Topic.
All over town, in the lobbies of the hotels, on street corners, gathered in knots here and there, they are discussing one thing-the trials. They have been arriving since Friday. A grim incident this morning was the arrival of nine men in handcuffs from Logan county. They were those who are unable to get bail after being indicted in Logan last year. They were escorted to the Charles Town jail.
Central figures in the whole West Virginia industrial controversy already are in town and others are expected tomorrow and on succeeding days. There is C. Frank Keeney, president of District No. 17, United Mine Workers, and the man, who, it is believed, will be the target for the heaviest artillery of the prosecution. He faces a charge of treason and is alleged to have instigated and aided the alleged insurrection. With him are Mrs. Keeney and their son. He is at one of the hotels, smiling and high-spirited as usual.
There is Fred Mooney, secretary of District No. 17, also charged with treason. He is a bit more self-contained than Keeney, yet you would scarcely know he was to be tried on a charge that might bring his neck into a noose.
Scores Of Notables Present.
There is H. W. Houston, chief counsel for the defense, often called the “brains of the United Mine Workers in West Virginia.” There is William Blizzard, accused of being the “generalissimo of the insurrection.” There are a half-dozen special lawyers engaged by the prosecution, famous in the annals of West Virginia criminal procedure. There are scores of others of lesser prominence, though all are well enough known in their localities.
Before the week is out, Gov. E. F. Morgan will be here, having been subpoenaed by both sides. William M. Wiley, of Sharples, picturesque figure among the operators, around whose mines the fighting raged last summer, will be called. John L. Lewis, international president of the United Mine Workers, will be here Tuesday.
One big, outstanding figure, however, from all that can be learned, will not be here. He is not here tonight and it is reported he will not come. That is Don Chafin, Sheriff of Logan county. Chafin has been for years the bete noir of the United Mine Workers. He has worked against them, resisted two armed marches, and in general earned for himself the undying hatred of many connected with the big mine union…..
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[Emphasis added.]
From the Baltimore Sun of April 23, 1922:
In the center is C. Frank Keeney, president of District 17, United Mine Workers of America, and active leader of the union forces of Southern West Virginia. Mr. Keeney has been indicted in Logan county for treason and conspiracy. He has also been indicted in Kanawha county for alleged conspiracy and in Mingo county on charges of murder. At the left is Fred Mooney, secretary-treasurer of District 17, United Mine Workers, with headquarters at Charleston. Within 10 miles of the capital the armed march on Logan county started last fall. Mr. Mooney faces charges of treason and conspiracy. At the right is William M. Wiley. He lives in Sharples, W. Va., on the Boon-Logan county line, where the battle raged over a front of 25 miles in the wilderness. He is vice-president of the Kanawha Coal Operators’ Association and vice-president of the Boone County Coal Corporation, with five large operations on the organized edge of Logan county. He employs 1,500 union miners. He will be a principal witness in the trials at Charles Town. He gave sensational testimony before the Senate Committee on Education and Labor in Washington recently, which investigated the armed march, and of which committee former Senator Kenyon was chairman.
[Emphasis added.
Hellraisers Journal: From The Survey: “West Virginia, The Civil War in Its Coal Fields” by Winthrop D. Lane, Part III
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Hellraisers Journal – Tuesday November 1, 1921
Winthrop D. Lane on West Virginia’s Coal Field War, Part III
From The Survey of October 1921:
[Part III of III.]
What, meanwhile, has the state government been doing to bring peace and order to a situation so intense as this? For four months it has been maintaining martial law in Mingo County, for one thing. This is the third time within a year that some form of military control has been proclaimed in that strike-swept area; on the other two occasions federal troops were called in. Today the state is using its own forces, a rifle company of the national guard, which is now being reorganized. When a “three-days battle” occurred along a ten-mile front in Mingo County on May 12, 13 and 14, during which shots were exchanged by union and non-union elements, the tent colonies were fired into and damage was done to the property of coal companies, local authorities appealed to Governor E. F. Morgan to assist them. Governor Morgan, accordingly, proclaimed that a state of “war, insurrection and riot” existed in Mingo County, and directed Major Thomas B. Davis, acting adjutant-general, to proceed there and with the aid of the state constabulary and deputy sheriffs to place the region under martial law.
The legality of this procedure was assailed by the United Mine Workers of America when its members were arrested under the martial law proclamation. The state Supreme Court of Appeals held the edict invalid. The reason given by the court was that the proclamation could only be enforced by the occupancy of the zone covered by a military force, and that the state constabulary and deputy sheriffs were not a military force.
Hellraisers Journal: From The Survey: “West Virginia, The Civil War in Its Coal Fields” by Winthrop D. Lane, Part II
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Hellraisers Journal – Monday October 31, 1921
Winthrop D. Lane on West Virginia’s Coal Field War, Part II
From The Survey of October 1921:
[Part II of III.]
Throughout the country today the bituminous coal fields are largely organized. Soft coal is produce in some twenty states. Such large coal-producing areas as Ohio, Indiana, Illinois and Western Pennsylvania have almost solidly accepted the union. The United Mine Workers of America is a relatively advanced element of the American labor movement. Its national body has demanded the nationalization of the coal mines and certain districts have begun to demand a share in the maintenance and control of production. Among the most important non-union fields are the Connellsville section in Pennsylvania, another strip along the Allegheny River, the Alabama fields, Utah, and these non-union areas of West Virginia. Bit by bit the union has succeeded in wresting one section after another of West Virginia. Bloody scenes have marked this progress at intervals. Today approximately half of the 95,000 miners in the state are members of the union. The unorganized portions are concentrated, for the most part, in the five counties of Logan, Wyoming, Mercer, McDowell and Mingo.
Who are the operators in this district that are so hostile to unionism? Not as much is known about the ownership of coal lands in West Virginia as might be. Some clue to the forces back of the struggle is gained, however, from the fact that the United States Steel Corporation is one of the largest owners of non-union coal land. Subsidiary companies of the corporation own 53,736 acres of coking coal land and 32,648 acres of surface coal land in Logan and Mingo counties combined, according to its annual report for 1919. In the Pocahontas field—chieflyMcDowell, Mercer and Wyoming counties—the corporation leases, through subsidiaries, 63,766 acres of the best coking and fuel property. The Norfolk and Western Railway Company, which traverses the Pocahontas field, is also heavily interested in coal lands in these parts. It owns nearly every share of the Pocahontas Coal and Coke Company, a leasing company, on whose lands upward of twenty-five mining companies operate. The Norfolk and WesternRailway Company is commonly understood to be controlled by the Pennsylvania Railroad. There are, of course, other large owners and many smaller ones. The resident owner is not scarce, but a great deal of the land in these regions is owned by absentee holders, living in other states and the large cities.
