Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-26
ATTORNEY ON STAND
D. ]. Mccarthy Summoned
Before Strike Commission.
TOLD OF EVICTI0NS
MINERS SIGNED LEASES WITH
OUT KNOWING CONTENTS.
Declared That the Men Were Grossly
Deceived - Status Of
Physicians.

presentation Of the Independent operators
case was begun today before the coal strike
commission, that Of G. B. Markle & Co. be-
ing the first called. Counsel for the COM
pany caused some surprise by requesting
the commission to summons as q witness D.
]. Mccarthy Of Hazleton, one Of the attor-
neys for the mine workers. Mr. Mccarthy
objected on the ground that he could not
be expected to testify to facts he had learn
ed as counsel, but as counsel for the COM
pany said he would not ask questions which
Mr.. Mccarthy could not as counsel answer,
the lawyer waived further objection and
took the stand. He was asked when he had
first heard Of the eviction notices served by
che Markle company on twelve tenants, to
which he replied that all his information in
this connection was secured as attorney, as
all Of the evicted men brought the notices
to him and retained him as counsel.
Men Signed Lease Unwillingly.
1u answer to further questions witness
said he knew the lease signed by the men
confessed judgment in election. The evicted
men told him they had never willingly sign
ed such q lease. and had never given au-
thordty to any person to confess judgment
in ejectment
Il believed" continued the witness, "the
men had a good defense, so 1 saw the
sheriff and asked him to notify me a day or
two before he served the notice, SO that I
could prepare the defense. He promised to
do 50, but failed, and, when 1 upbraided
him he said the writs had been prepared at
midnight and brought to him at o'clock
In the morning with instructions to serve
them Immediately
Counsel for the company asked the wit
ness II he was not aware that Judgment
could not be confessed unless an agreement
had been signed.
Il have heard of forged papers," replied
Mr.. Mccarthy.
DO you mean to say these leases were
forgeries?"
Il mean to say 1 think the men were
grossly deceived"
Asked as to Previous Testimony.
Counsel read from the stenographer's s
notes a statement made by Mr.. Mccarthy
before the commission at Scranton to the
effect that the resident physicians employ
ed by the company received salary from
the company in addition to the fees charg-
ed the miners. He asked the witness II
he knew that to be SO. Mr.. Mccarthy re-
piled that he had no positive knowledge on
the subject. 1t was rumor. he said. and
he had so stated when he previously mer-
toned It.
On cross-examination witness said the
evicted men had been elected without no.
tice.
Chairman Gray asked if the men had re-
ceived copies of the leases from the COM
pany, and witness replied in the negative.
These leases are commonly known as
'cut-throat agreements are they not?" in
terjected Attorney Brumm.
YES" said the witness.
Trained Nurse Testifes.
Gertrude Martin, professional nurse Of
Jeddo, was called to testify concerning the
medical attention received by the Markle
employees. She said three nurses were en-
ployed by the company, and their visits
and treatments were free to the company 8
employees. She said she had always re-
tained the confidence of the employees, SO
far as she knew, and did not believe she
was considered a spy. On cross-examina-
ton witness said she had observed some
cases Of asthma, but she had no way of de-
termining the number, except from impress
sions. She said she was paid by Mrs. John
Markle. Asked whether the physicians re-
ceived all the money collected from the
mine workers for medical aid, she said she
was not positive, but thought they did.
VIM. P. Meigs, manager of the Blooms
that his firm had built mine cars for G. B.
Markle & Co. during the years 1890 to 1896.
Each car had a capacity of 1867 cubic
feet.
VIM. s. Johnson, superintendent Of the
American Car and Foundry Company Of
Berwick, Pa, testified that his company
had been building cars for Markle & Co.
since 1896. Their capacity was 147. SO cubic
feet The commission here took a recess.