The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1903-12-17
SET FREE BY A JUDGE
United States Deputies Who
Killed Militant Striker in
West Virginia.
sWORE HEwOULD NOT BETAKEN
And Was Shot While Escaping with
Pistol in Hand-U. NJ. w,
Takes an Appeal.

Charleston. W. Va, Dec. 12.-Unit-
ed States Judge John Jay Jackson has
decided the habeas corpus case of John
Laing and Stewart Hurt, holding that
they were federal officers, acting I'M
der process of the United States court,
when they killed John Hairless. and
therefore justified and not amenable
to state courts. Laing is an operator
and Hurt is in his employ. They ac-
companied Deputy Marshal Cunning
ham last winter to arrest John Har-
less. leader among the striking min
ers for whom Cunningham had rule
in contempt for violating United States
Judge Keller's blanket injunction"
Hairless fed when Cunningham and
others approached his house. AS he
went by Laing and Hurt, who had
been told to look out for him, fired
and killed him. claiming self-defense,
as Hairless, with revolver in hand, was
defying arrest.
Clash Between State and Nation.
Laing and Hurt were held in Ra-
leigh county Jail and denied bail. Aft
er their Indictment a writ of habeas
corpus was sued out of the United
States court. At first Judge Sanders,
of the state court, refused to obey
the writ. but afterwards allowed the
marshal to take the men from the
county JAIL Judge Jackson heard the
case last June. reserving his decision
until now In his opinion he recites
the facts about HAIRLESS repeatedly re-
sistlng marshals being under several
Indictments when he was killed, disre-
garding in;unctions, leading large
armed forces at Stamford City, where
five men were killed and thirty wound
ed, and at Atkinsville, where Cunning
ham and others narrowly escaped
death, and repeatedly saying ''hewould
never be taken alive"
Had Right to XIII Hairless.
After holding that Hairless was
fugitive the court said: This court
has Jurisdiction to determine whether
Lafng and Hurt are entitled to dis
charge from further detention under
the Indictment in the state court.
There is not only an absence of malice
upon the part of the officers. but no
motive other than desire to discharge
the duty imposed upon them by the
marshal in the execution of writs.
This court holds.that Laing and Hurt
were summoned by Deputy Marshal
Cunningham and were attempting. to
arrest Hairless for violating United
States law. and while so acting under
the authority of law were authorized
and justified in using whatever means
were necessary to execute the process
Of the court. and that they believed
that it was necessary to protect their
lives to take the life of Hairless.
Labor Takes an Appeal.
They had reasonable grounds for
such belief, and the law would hold
them harmless of homicide, upon which
they stand indicted in the court Of
Raleigh county, w. Va. This court is
of the opinion that the petitioners are
In custody of the state authorities in
violation of their rights as citizens
under the constitution Of the United
States" An order was issued for their
discharge. Attorneys for the state
and the United Mine Workers Of Amer
lea. who were prosecuting Laing and
Hurt, gave notice Of appeal.
Dayton, Ohio, Mrs. Mary Simpson