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

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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:

WV Miners March Trials, Keeney, LW p1, 2, Nov 11, 1922

Accessory to Murder.

Keeney, Prz UMW D17, Lbtr p9, Aug 1920

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.

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

Hellraisers Journal: Mine Workers’ Union Calls Off Strike in Mingo County, West Virginia; Tent Colonies to be Abandoned

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Quote Mother Jones, WDC Tx p15, Aug 26, 1921—————

Hellraisers Journal – Saturday October 28, 1922
Mingo County, West Virginia – United Mine Workers Calls Off Strike

From The West Virginian of October 27, 1922:

END OF TWO-YEAR STRIKE IN MINGO
STOPS MINE WAR
—————
Big Factor in Labor Disturbances in State
Passes Out of Existence.
———-

CHARLESTON, W. Va., Oct. 27.-Mingo County, greatest single factor in the labor disturbances of the Southern West Virginia coal fields, was free from the last vestige of its “mine war” today with the announcement made last night that the two year strike there had been abandoned by the United Mine Workers.

Mingo Co WV, Tent Colony, Map, WVgn p1, May 19, 1921

The announcement was first made at Williamson by R. B. White International organizer, on receipt of a letter from International President John L. Lewis, and was confirmed at district headquarters here by District Secretary Fred Mooney. The principal visible effect will be abandonment of the tent colonies maintained since the strike began, July 1, 1920, and the possible return to work in the non-union mines of the county of some of the 200 occupants of the colonies and of the strikers, whose numbers are variously estimated by union and operator authorities.

The attempted unionizing of the Mingo County mines was the beginning of a long series of events reaching their high points in the declaration of martial law and the “miner’s march” that was halted after a week’s fighting on the Logan-Boone County border in 1921. Out of evictions of miners’ families before the strike was called grew the famous Matewan street battle, when Baldwin and Felts detectives and inhabitants clashed with a death toll of ten and from that time on a series of disorders, including much shooting across the Tug River, separating West Virginia and Kentucky, caused a number of deaths. Martial law was declared May 19, 1921, and this proclamation was followed by another and the establishment of a military force June 27 of the same year, after the courts had held military occupation was necessary to martial law.

Rumors that union men were being mistreated in Mingo, coupled with the killing at Welch in August, 1921, of Sid Hatfield and Ed Chambers, chief figures in the Matewan battle, were given by union miners in other fields as the causes of the march late in August on which are based the trials of union officials now being held at Charles Town.

The announcement that the union had abandoned the strike came close on the heels of the repeal on October 17, this year, by Governor Morgan of the martial law proclamations that had been in force for fifteen months.

Mingo Co WV, Lick Creek Tents Destroyed, UMWJ p5, Aug 1, 1921

Union officials have declared that relief work in the tent colonies at one time was costing $25,000 a week and more recently was being conducted at a cost of $11,000 a week. The tent colonies also figured in the suit now pending in federal courts, known as the Borderland case, in which an injunction against the colonies was sought but was denied by the Circuit Court after having been granted in the District Court.

[Photographs and emphasis added.]

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Hellraisers Journal: The West Virginia Treason Trials, Powerful Forces Work to Convict Union Miners in Charles Town

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

Hellraisers Journal – Monday October 9, 1922
Charles Town, West Virginia – Powerful Forces Work to Covict Union Miners

From The Bottle Maker of October 1922:

HdLn WV Treason Trials, Bottle Maker p27, Oct 1922

Newsclip WV Treason Trial, W Allen Convicted, Charles Town Spirit of Jefferson p2, Oct 3, 1922
Charles Town Spirit of Jefferson
October 3, 1922

Charlestown, W. Va., Sept. 5.—Industrial feudalism, allied with and enthroned upon a local aristocracy, and exploiting the naivette of guileless farmers and and unsuspecting rural population, is moving mercilessly and relentlessly in the ancient court house of this town to defeat and destroy organized labor in West Virginia, drive labor unions from the borders of the State, and take a new lease upon control and domination of government in West Virginia.

In this undertaking, industrial oppression and vengence is masquerading behind the law and the prosecuting power of the State, utilizing the executive machinery of the State, and subsidizing newspapers and news dispatches, to accomplish the end sought.

Walter Allen, a young official of the United Mine Workers in West Virginia, is on trial in Charles Town on a charge of treason against the State. Allen is one of twenty-three officials of this union who were indicted in the coal-tainted courts of Logan county last year on the charge of treason. More than 500 others are indicted on charges of conspiracy or murder. These indictments were found after the union miners of Kanawha, Fayette, and Raleigh counties rebelling against the venal industrial conditions of Logan and Mingo counties, and finding that gunmen of the coal operators prevented peaceful union organization, had attempted to right their wrongs by an invasion of those counties directed against company gunmen.

William Blizzard, president of sub-district No. 2 of this union, was another of the twenty-three. Blizzard was acquitted last May after a trial of five weeks, but no such fortune seems to be in prospect for Allen. Every resource at the command of a great and entrenched industrial feudalism in West Virginia-a feudalism that makes governors, elects legislatures, and controls political parties and newspapers—is being brought to bear to convict Allen and all of his associates, and through their confinement in the State prison, break up the miners’ union, and drive unionism as a whole from the State.

Continue reading “Hellraisers Journal: The West Virginia Treason Trials, Powerful Forces Work to Convict Union Miners in Charles Town”

Hellraisers Journal: From The North American Review: “The Miners and the Law of Treason” by James G. Randall, Part II

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

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]

Billy Blizzard and Family, Lt Dg p14, June 17, 1922

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.

Continue reading “Hellraisers Journal: From The North American Review: “The Miners and the Law of Treason” by James G. Randall, Part II”

Hellraisers Journal: From The North American Review: “The Miners and the Law of Treason” by James G. Randall, Part I

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

Hellraisers Journal – Sunday September 3, 1922
Charles Town, West Virginia – Miners on Trial for Treason Against the State, Part I

From The North American Review of September 1922:

THE MINERS AND THE LAW OF TREASON

BY JAMES G. RANDALL

[Part I of II]

Battle of Blair Mt, WV Today by Bushnell, Guards, Gunthugs, Spies, UMWJ p5, Sept 15, 1921

Once again the quiet village of Charles Town, West Virginia, in the historic Shenandoah valley, has furnished the setting for a memorable State trial. As in 1859, when John Brown went to the gallows for a traitorous assault which was misconceived as a stroke for Abolition, so in the present year the eyes of the nation have been focused upon this same little county seat while hundreds of miners have faced trial on indictments for murder and treason in connection with the “insurrection” of August, 1921. Twenty-four of the miners who were associated with the armed march of several thousand men directed against the coal fields of Logan and Mingo counties have been charged with the grave offense of “treason”, and it is with this phase of the question that the present article proposes to deal. Many circumstances unite to make the trials notable. The long continued efforts of the United Mine Workers to unionize the West Virginia fields, the elaborate litigation which included several federal injunction suits, the huge scale as well as the gravity of the indictments, the intensity of the industrial disputes involved, and the challenge to the State authorities to uphold elemental social order and yet deal fairly with both sides in an unusually bitter struggle-all these factors lift the case above the level of an ordinary criminal proceeding. Without attempting, however, to discuss the industrial phases of the “miners’ war”, the writer proposes to view the cases from a restricted angle and to consider their relation to the history of treason in our legal system.

Though the charge against the miners is the rara avis of treason against a State, the analogy of this crime with treason against the United States is very close, and it may therefore be useful to recall some of the outstanding points in the history of national treason. Treason is the only crime which the Federal Constitution undertakes to define. It consists “only in levying war against the United States or in adhering to their enemies, giving them aid and comfort”. To prove treason, the commission of an overt act must be established by at least two witnesses, unless there is a confession in open court. Congress has no authority to fix the nature of the crime, and can neither enlarge nor restrict the offense beyond the constitutional definition. Congress may, however, fix the punishment, and among the acts passed by the first Congress ever assembled under the Constitution was the Treason Law of 1790, which established the penalty of death for this highest of crimes.

In the course of time a well recognized body of principles has grown up around the law of treason. Thus it is recognized that “constructive treason” has no place in our legal system. There must be an actual levying of war. A mere plotting, gathering of arms, or assemblage of men is not treason, in case no overt act is committed. The “levying war”, however, has been rather broadly defined by our courts. Besides formal or declared war, it includes an insurrection or combination which forcibly opposes the Government or resists the execution of its laws. Engaging in an insurrection to prevent the execution of a law is treason, because this act amounts to levying war. The mere uttering of words of treasonable import does not constitute the crime, nor is mere sympathy with the enemy sufficient to warrant conviction.

Treason differs from other crimes in that there are no accessories. All are principals, including those whose acts would, in the case of felonies, make them accessories. Those who take part in the conspiracy which culminates in treason are principals, even though absent when the overt act is committed.

Continue reading “Hellraisers Journal: From The North American Review: “The Miners and the Law of Treason” by James G. Randall, Part I”

Hellraisers Journal: United Mine Workers Journal: Photograph of Miners’ Baseball Team at Charles Town, West Virginia

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Quote West Virginia Miner re Gunthugs, LW p1, Sept 24, 1921—————

Hellraisers Journal – Sunday June 4, 1922
Charles Town, West Virginia – U. M. W. A. Baseball Team, Bill Blizzard with Bat

From the United Mine Workers Journal of June 1, 1922:

WV Treason Trial Baseball Team w Blizzard, UMWJ p17, June 1, 1922

From the Duluth Labor World of June 3, 1922:

COSSACKS ACT JUST LIKE
PRUSSIAN OFFICERS DID

West Virginia state police, known as the Cossacks, have made a mess of things since their arrival at Charles Town to attend the miners’ trial. They do not realize that they are not in Logan county where the coal barons rule by force and might.

The Cossacks have clashed with Charles Town police officials and have assumed the attitude of a Prussian army officer toward private citizens.

The miners insist that there would be no trouble in Logan and other counties but for the Cossacks, who are now sustaining the miners’ claim.

—————

[Emphasis added.]

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Hellraisers Journal: Blizzard Acquitted of Treason against the State of West Virginia, Given Wild Ovation by Supporters

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

Hellraisers Journal – Monday May 29, 1922
Charles Town, West Virginia – Billy Blizzard Acquitted of Treason

From The Washington Times of May 28, 1922:

HdLn Blizzard Acquitted of Treason, WDC Tx p1, May 28, 1922

HdLn Juroros Free Blizzard, WDC Tx p1, May 28, 1922

By WARREN W. WHEATON.
International News Service Staff Correspondent.

CHARLES TOWN, W.Va., May 27.-William Blizzard, alleged generalissimo of the miners’ army which marched upon Logan county last summer and fought with deputy sheriffs until Federal troops were called out, was acquitted by a jury in circuit court here tonight of treason against the State of West Virginia.

Verdict is Popular.

The jury was given the case at 3:27 o’clock this afternoon. Six hours and ten minutes was consumed in attempting to arrive at a verdict, two hours of which was taken out for dinner.

Peaceful Charles Town broke into a riot of noise. The pandemonium which answered the verdict: “We find for the defendant,” extended outside the court room.

Blizzard was given a wonderful reception as he emerged from the little red court house, scene of a similar trial sixty-three years ago.

The jurors as they left the scene of their labors which extended over a month, were likewise cheered.

The little red courthouse is the identical spot where John Brown, famous abolitionist, was convicted of treason sixty-three years ago. Residents of peaceful Charles Town, which has been conspicuous in history since colonial days, flooded the courthouse tonight to await the second treason trial verdict ever returned in calm, quiet Jefferson county.

After the jury had once reported its inability to reach a verdict and court was recessed for dinner, a report emanating from official sources had the jury ten to two for acquittal.

When the jurymen filed out, an over-crowded courtroom in which women predominated, immediately broke into a buzz of conversation. Blizzard seemed least concerned of the big assemblage. He had in his lap his five-year old son, asleep most of the first hour of the jury’s deliberations.

Blizzard Is Calm.

His wife, her little girl clasped close to her, frequently lifted a dampened handkerchief to her reddened eyes in which the tears constantly welled.

Next to Mrs. Blizzard, sat Blizzard’s sixty-year-old mother, a thin, spectacled little woman, a wisp of gray creeping through her once blond hair which stood out conspicuously against the background of black clothing. Mrs. Blizzard’s mother completed the family circle.

As time wore on with no report from the jury, Blizzard went to an ante-room and conversed with friends. His little boy and girl playfully edged their way about the crowd which filled every available nook.

After an hour had elapsed a ripple of excitement spread through the courtroom. A verdict was expected, but the jury asked for a copy of Judge Woods’ instructions, which would shape the verdict and which they neglected to get before retiring.

Kisses His Wife.

Blizzard was among the calmest of the excited throng in the court room when the foreman of the jury announced the verdict. For a moment he seemed dazed and then as the full import of the finding was grasped he leaned over and kissed his wife, who was standing near. Then he shook the hands of his counsel and waved a greeting to the congratulations expressed by scores who have attended every session of the long trial.

Blizzard was given a wild ovation as soon as the jury was discharged by Judge Woods.

Billy Blizzard w Family, WDC Tx p3, May 28, 1922, w quote

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Hellraisers Journal: United Mine Workers Journal: No Evidence of Treason in Trial of West Virginia Miners at Charles Town

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

Hellraisers Journal – Wednesday May 17, 1922
Charles Town, West Virginia – No Evidence of Treason at Trial of Miners

From the United Mine Workers Journal of May 15, 1922:

HdLn re WV Treason Trial, UMWJ p3, May 15, 1922

WV Treason Trial Crowd at Courthouse, UMWJ p3, May 15, 1922

At the time that this article was written the trial of William Blizzard, at Charles Town, W. Va., on a charge of treason against the state of West Virginia had been in progress for two weeks, and there appeared to be no end in sight, Judging form the number of witnesses that had been summoned by both sides. Up to end of the second week there had been no evidence of any treasonable intent on the part of Blizzard or any of the other officers and members of the United Mine Workers of Ameria who are under indictment with him.

[…..]

The trial is attracting nation-wide attention. Many of the largest newspapers of the country have special correspondents in attendance, and all of the press associations also are represented. Citizens of Charles Town and vicinity have treated the indicted miners and the witnesses with every courtesy and kindness. The hotels in Charles Town were unable to care for all of the visitors, and practically every home in the town was thrown open to them. Scores of miners are rooming in many of the best homes in Charles Town. A fraternal feeling has sprung up between the miners and local people.

One of the interesting events was a baseball game between a team composed of miners and the local Charles Town team, which resulted in a victory for the miners. New uniforms were provided for the members of the miners team, and they were every inch a ball team. A large crowd attended the game, and the proceeds were given to the Charles Town hospital…

[Emphasis added.]

JL Lewis at WV Treason Trial, UMWJ p5, May 15, 1922—–Treason in WV, UMWJ p4, May 15, 1922

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Hellraisers Journal: Accused Union Miners Play Ball with Home Team at Charles Town, West Virginia, to Benefit Hospital

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

Hellraisers Journal – Tuesday May 16, 1922
Charles Town, West Virginia – Accused Union Miners Play Ball with Home Team

From the Duluth Labor World of May 13, 1922:

ACCUSED MINERS PLAY BALL
WITH HOME TEAM
———-

WV Miners Trials, Blizzard at Bat Close Up, NY Dly Ns p24, May 4, 1922

CHARLES TOWN, W. Va., May 11.—Town folk “rooted” for the miners’ baseball team in its game with the local champions for the benefit of a hospital fund controlled by the citizens. The miners won by the score of 7 to 3.

All of the miners are charged with treason or murder. William Blizzard, the first miner to face trial, played right field for his team.

The miners have secured baseball uniforms’with the initials “U.” M. W. of A.” across their breasts. As they walked the diamond, they, were given a rousing cheer by Charles Town citizens, who show their admiration for the accused on every occasion.

—————

[Photograph and emphasis added.]

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Hellraisers Journal: Little Children of William Blizzard “Quiet as Mice” During Treason Trial of West Virginia Mine Leader

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

Hellraisers Journal – Friday May 5, 1922
Charles Town, West Virginia – Children of Billy Blizzard at Treason Trial

From Indiana’s Richmond Palladium of May 3, 1922:

Children at Mine Trial

(By Associated Press)

William Blizzard, Regina Leader Pst p16, May 4, 1922

CHARLESTON, W. Va., May 3-A flaxen haired, chubby faced little girl of four years slept curled in her mother’s arms and an equally round faced, tow-headed boy, a year older, sat on his father’s knees and studied with grave blue eyes his unusual surroundings, during a considerable part of yesterday’s sessions of circuit court. They were “quiet as mice” throughout their stay, with far more respect for the dignity of the court than some of their elders, and many times eyes in the courtroom turned wearily away from the witness stand to brighten with smiles at the somber little tots who had much at stake in the proceedings.

The father was William Blizzard, youthful union official who sat by his attorney while a jury heard evidence on which the state of West Virginia bases a charge of treason against him. The mother had been sitting by his side, watchful of every detail since the trial started but this was the first visit of the two children to Charles Town. William, junior, known in the family circle as “Billy” and Marguerite, whose home name is “sister” are sturdy youngsters, full of life outside the courtroom, and showing in their features a striking resemblance to both father and mother.

———-

[Photograph and emphasis added.]

Billy Blizzard at Bat

From the New York Daily News of May 4, 1922:

WV Miners Trials, Blizzard at Bat Close Up, NY Dly Ns p24, May 4, 1922

From Wisconsin’s Sheboygan Press-Telegram of May 4, 1922:

WV Miners Trials, Blizzard at Bat, Sheboygan WI Prs p1, May 4, 1922

Between court sessions at which they are being tried for murder and treason at Charles Town, W. Va., miners enjoy a friendly baseball bout. Here “Bill” Blizzard, first on trial, is shown at the bat.

Continue reading “Hellraisers Journal: Little Children of William Blizzard “Quiet as Mice” During Treason Trial of West Virginia Mine Leader”