State of West Virginia v. William Blizzard, Indictment No. 4, Special Plea No. 2 [copy on paper of Circuit Clerk's Office, Greenbrier County, Lewisburg, W. Va.], Blizzard Collection.
STATE OF WEST VIRGINIA
FELONY, INDICTMENT NO. _____
NOW comes the defendant, William Blizzard, and having read the indictment herein against him, for special pleas in this behalf says:
(1) That there should be no further prosecution of the charges against him contained in said indictment, because he was heretofore, at the April, 1922, Term of the Circuit Court of Jefferson County, West Virginia, a court of competent jurisdiction and having power to try this defendant, on said charge, regularly tried by said Court and a jury then and there sitting, upon an indictment then and therein pending against this defendant and others, in which indictment this defendant was charged with treason; that the treasonable acts charged against this defendant in said former indictment and by a bill of particulars filed therein against him, were that he engaged in a conspiracy to kill the Sheriff and Deputy Sheriffs of Logan County; that in pursuance of said conspiracy this defendant furnished money, arms and ammunition to men engaged in a battle on Blair Mountain, Logan County, with the Deputy Sheriffs of Logan County, and in said battle one John Gore and others were murdered; that upon said trial of said charges under said indictment, a vast amount of testimony was introduced before the jury therein, showing that at said battle one John. Gore, John Cafalgo, and the same George Muncey mentioned in the indictment upon which defendant is now brought to trial, were killed in said battle on Blair Mountain, and that this defendant furnished the arms and ammunition to the men charged with having killed said Gore, Cafalgo and Muncey, and that at the conclusion of said trial upon the merits of said charges contained in said indictment and bill of particulars, and upon testimony intruduced [sic] by the State at said trial, in its attempt to prove said charges, said jury returned a verdict of not guilty as to this defendant, and thereupon he was duly and regularly acquitted on said charges; that he is the same William Blizzard named in both of said indictments; that the acts charged against this defendant in the indictment upon which he was tried and acquitted in the Circuit Court of Jefferson County, are the same, and not different acts as those charged against this defendant in the indictment upon which he is now brought to trial; that the evidence introduced before said Jury at said former trial is the same as that proposed to be introduced under the bill of particulars filed in the present case; that the period of time of the acts charged in both of said indictments is the same period of time.
(2) And this defendant further says that at said former trial of this defendant in said Circuit Court of Jefferson County, by a bill of particulars filed therein by the prosecution against this defendant, a copy of which is herewith filed as a part of this plea, he was especially and particularly charged with having furnished a large number of men, money, arms and ammunition for the express purpose of having said men engage in the battle in which John Gore and others were killed; that upon said former trial this defendant was charged with having incited, moved, procured, aided, counselled, hired and commanded the persons charged with said killing to engage in said battle in which said Gore, Muncey and Cafalgo were killed, and that the persons charged with engaging in said battle, and with killing said Gore, Muncey and Calfalgo did so in pursuance of said procuring acts of this defendant.
(3) That upon said trial in the Circuit Court of said Jefferson County, upon said former indictment and bill of particulars, the prosecution introduced a great number of witnesses, and a large amount of testimony, in an attempt to prove that this defendant had furnished money, arms and ammunition to the men charged with having killed said Gore, Muncey and Cafalgo, and that this defendant furnished said money, arms and ammunition to said men for the express purpose of engaging in said battle, and that this defendant induced the men charged with said killing to engage in said battle, and that the men charged with said killing did engage in said battle, and did kill said Gore, Muncey and Cafalgo in pursuance of being so persuaded and induced, incited, procured and commanded by this defendant, as aforesaid; that after a full trial upon said former indictment and bill of particulars, as aforesaid, and after hearing all of said testimony against this defendant, the jury in said Circuit Court of said Jefferson County returned a verdict of not guilty as to this defendant, and thereupon this defendant was duly adjudged not guilty, and then and there acquitted of said acts charged against him; that said verdict and judgment were entered in said Circuit Court of said Jefferson County on the 27th day of May, 1922; that said verdict and judgment have since then continuously remained in full force and effect, and this he is ready to verify. And defendant files herewith, as part hereof, a copy of the said former indictment, a copy of said verdict of said jury upon said former trial and a copy of the judgment of the Court upon said verdict therein.
WHEREFORE, by reason of said former trial and acquital [sic] this defendant, William Blizzard, prays that he be dismissed and discharged from further prosecution herein, and he will every pray, etc.
AND as to any of the allegations of his foregoing plea which are not susceptible of verification by the aforesaid records above vouched in support of said plea, this defendant now here prays that the truth of all such said allegations may be inquired of by the Country.
Chas. S. Dice
T. C. Townsend
C. J. Van Fleet
H. W. Houston
Attorneys for the Defendant.
STATE OF WEST VIRGINIA,
COUNTY OF GREENBRIER,
WILLIAM BLIZZARD, the defendant named in the foregoing plea, being duly sworn, says that the facts and allegations therein contained are true.
TAKEN, sworn to and subscribed before me this 22d day of June, 1923.
MY Commission expires Sept. 11, 1930
W. F. Richardson,