Birmingham age-herald., 1894-08-02

fThey got their guns and made some ol them go. When we got to No. 5 we found a coal train and some men waiting. lhey shot into the men. I started to run and they shot at me and said would give them away. Smith Houston, Frank Jones and Dan Marshall were at the meeting. II they took a vote it was before l got there. Smith Houston went with the crowd. Frank Jones had pistol and said he would go. Dan Marshall wouldn' t agree to go, and slipped out of the meeting. There were about forty white men at the meet ing. Their faces were not black. l saw some of the crowd shoot at the men who were waiting for the train. The men they shot at were colorcd. didn't see Frank Jones shoot any.'
 Cross examination: "I was arrested for this same offense. 1 have been in jail since that time and bavn't talked With anybody about the case. l was before the coroner and talked with the jurymen. l talked with MT. Jonas Moore at Pratt mines about it. He asked me what knew about 1t and l told him. The miners had been out or work long time and 1 was told the meet ing was to see about changing diet. There were about forty or fifty white men willing to go with the crowd. There were about 150 white men at the meeting and about 300, white and c.lored. l have been at Pratt mines about eight years, and have been mining coal most or the tune since l first went there.'
 The defense insisted on proving by the
 
 Perry county and sent 10 the penitentiary. Objection by the prosecution was sus- tained, after arguments by MT. Allen and Colonel Altman for the defense and Sollc- itor Ferguson and MT. Salisbury for the state. Over an hour was consumed in the arguments.
 Ia answer to questions by Solicitor Fer guson the witness said Bill Brock and two or three others, whose names he called. were at the meeting and left with the crowd to go to the mines.
 Witness: "A Frenchman got up and said his men were willing to go. great many of the men had no guns. Two of these de. fendants had guns. The men scattered at the dummy crossing and about hall of them left.''
 Pending the examination of Penny Scott, at 12:45 court took recess until 2:30.
 AFTERNOON SESSION.
 Court reconvened at 2:45 p. m. and the cross examination of Penny Scott was re- sumed.
 Witness: "The white men did not have their faces blackened while at the meeting
 and they were not black when we got to
 the railroad crossing. The shooting took place near there. l didn't hear the shoot ing at Ensley City. It was about o'clock think when the shooting took place at slope No. G."
 EUGENE ALLEN. Before beginning the examination of the
 
 and the court that he was not compelled to answer any question which would tend to
 criminate him. The caution was not suf-
 fcient to satisfy counsel for the defense and the witness was removed from the room while Colonel Altman and Solicitor Ferguson argued the matter. Witness: 'I am IS years old, and was born near Helena. 1 have lived at Pratt
 mines thirteen or fourteen years. was at a meeting held on Village creek above the dummy bridge on July 16. Have no idea how many were present. Both white and
 colored were present. John Kelso was chairman of the meeting. Did not hear him state the purpose of the meeting. I Kelso was talking to some of the men, but 1 l didn't pay any attention tv what he said. | Kelso told me to watch the picket lines. The meeting was called for the purpose of seeing about giving out rations. l don't know what was said about it at the meet ing, as l was watching some men play cards. Kelso said something would have to be done towards a settlement and stop- ping blacklegs, as labor was being increased
 with them every day, and that the time had come when something must be done. Didn't hear him say anything about guns. Heard Kelso say to all who were willing to go to stand up. Some stood up and some | didn't. A colored man said for all who would 20 to stand out to one side. Smith 1 Houston, one of the defendants here, was | present and moved that all who would go | stand up. Can't say that he went. The | white men were not disguised at the meet ine.'
 whether he saw any of the men with their | faces blackened at any time. He said he did not see them black their faces. Witness: ''I heard tall yellow negro
 say if they were going to do anything 1t was time they were getting their arms. did not see any of these defendants, ex- cept Smith Houston, present." J. H. SKINNER. ssI was at a meeting on Village creek | July I6. ihe meeting was called for | o'clock, but didn't meet until after o'clock. The relief committee called the | meeting to do something about rations. | The maeting was near the dunn my bridge. | MT. Kelso presided He said he thought | itwas time the boys were doing something; l that the north was up and at it.. He sad | or hurting anybody else. lie was In his | shirt sleeves and had no gun. Never heard | him put any motion.
 CT only saw one of these defendants | present. Somebody put a motion to go to | the mines, and after the motion had been | adopted Kelso said all who didn't have l gun or pistol could take sticks or rocks or l anything they could get. Smith Houston l spoke against the motion, but voted for 1t. | Kelso came up and said, Men, are you go-- l ing to sit here and eat up what you've got | and let these men take your places?' ! l nominated Kelso for chairman. He sail
 for all who had guns to go and get them, | and he gave them twenty minutes. lett l and went home and staid there." | Cross s-examination: "I went home, but | didn't tell anybody there would be trouble. l After was arrested sent for Mir. J. G. 1 Moore, and he and Sheriff Morrow ana MT. | Thompson came together. l made my
 statement and then asked them what they | could do for me. Nobody advised me to
 tell about the meeting? was in jail nine | days before they turned me out. was be-