The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-11-18
McVea Finds Mitchell an
Adroit Fencer.
KEEN LAWYER IN DESPAIR
Mr.. Mitchell You are the Best Witness for
Yourself Eyer Confronted" He
Says, throwing up His
Handc
Hands.
(By the Associated Press.)


Scranton. Pa, Nov. 17.-In the pres
ence of as many persons as could be
iammed into the Superior Court room to-
day, Wayne MacVeagh, for the Erie
Company. and John Mitchell, for the
miners, continued their brilliant battle
of examination before the Anthra-
cite Coal Commission.
The two men. the one in his thirties
and the other in his seventies, were fol-
lowed with intense interest by the COM
misSioners and the crowd throughout the
day and the contest will be resumed in
the morning.
The fourth demand OF the union, which
calls for yearly trade agreement and
which means a straightout recognition
of the union was the bone of conten-
tion, and, although four hours were
taken up in discussion of the question,
not much material progress was made.
Wayne MacVeagh, skilled in the art
of cross-eXamination, attempted to show
the utter responsibility of the union
and it's unfitness to make contracts
which it would live up to. His principal
argument was the alleged boycott and
he often hard-pressed the miners presi-
dent for an answer. The latter, however,
slowly and deliberately gave some reply,
but it die not always satisfy his in
quisitor. Mr.. MacVeagh, in the presence
of the assemblage, expressed his admira-
tion of the ability of the witness and on
one occasion, when Mr.. Mitchell carried
a question regarding the boycottng of
hnt a1
keeper the distinguished attorney threw
up his hands, laughed, and said: Mr..
Mitchell, you are the best witness for
yourself that / ever confronted"
Mr.. MacVeagh weighed heavily on
what he said was a reign of terror in
the anthracite region during the period
of the strike. He read list of fourteen
names of men who were killed during
that time and also submitted in evidence
about seventy-five printed pages of acts
of alleged violence, boycott and intimida-
tion, and with the assistance of stacks
of pthcr documents, maintained that it
would be utterly impracticable for the
coal companies he represents to enter
into agreements with an organization
that could not control its own men.
Mr.. Mitchell stoutly maintained that
the discipline in the organization is as
good as it possibly could be where LAT,
600 men were involved He claimed that
the strikers were not entirely respon-
sible for the acts of lawlessness that
were committed He regretted that mem
bers of the union, in some instances,
violated the law even after they had
been warned to refrain from doing So
but made the excuse that in times of
great excitement there always was more
or less disorder.
In answer to questions he said thai
where there was a reign of terror and he
had no information that such was the
case during the late strike, conditions
arise that are ''intolerable" or "unfor-
tunate.
Replying to specific instances pointed
out to him by Mr.. McVeagh, where men
had been deferred from going to worf
through fear of personal harm or social
ostracism for themselves and families
Sir. Mitchell said that in some cases, men
may have been deferred but denied the
assertion that such alleged acts prevent
ed the mnes from being operated. He
said that when the strike was declared
every mine worker in the region quit
work and remained out even after the
entire National Guard of the State had
been thrown into the coal fields.
In short. he said the men would not
have gone to work under any condition.
The miners president no matter how
skilfully he was questioned, could not
be dragged into fiat admission. that he.
as president of the union, approved OF
the boycotts complained of by the com,
panies. He had his personal opinions OF
some phases of the boycott. but would
not express them as being the sentiment
or policy of his organization During the
cross examination, the ~Nmmissionera
often interrupted with qu. in or
der to stop a long colloquy Of some dis
puted point. While the examination was
at times quite spirited. the best of good
feeling prevailed. Only once Mr. Mitch
ell showed signs of irritability. This was
when Mr.. MacVeagh, reading the lone
list of acts of violence. would take Mr.
Mitchell to task for some particular
vicious act and say, sharply:
''You could have prevented this"
In the course of the forenoon session
Mr.. MacVeagh examined Mr.. Mitchell re.
garding the eight-hour demand and re-
ferred to the fact that Abraham Lincoln
James A. Garfield. and William McKih,
ley worked more than eight hours day
and were thus enabled to climb the lad
der to the Presidency. Mr. MacVeagf
grew eloquent in the course of putting
one of his questions to Mr.. Mitchell re-
garding the martyred President, adding:
81 only mention these because they are
the three victims of the spirit of anarct v
which is the curse of this country TODAY
and the only serious curse affecting it. .
The miners president, quick as fash