The Birmingham age-herald., 1903-09-24
His AssaiIanfs Given Preliminary Trial Yesterday
 FIVE WITNESSES TESTIFY
Question of Citizenship of the Com plaining Witness Was Raised By A. D. Smith, Counsel
 for the Defense.

The most interesting point raised at the preliminary hearing of the six Walker county men charged with conspiracy against District Organizer Joe Haller Of the United Mine Workers of America which was heard before United States Commissioner Wilson yesterday, was whether MT. Hallier is a legally natural ized citizen of the United States or not
 Hallier was born in Wales and came to this country when 19 years of age. His father had been here for several years before the coming of the son. Upon reaching his majority MT. Hallier declar- ed his intention of becoming citizen be- fore a justice of the peace in Blocton That was about twelve years ago. Dur ing the past few years however, he has enjoyed all the privileges and rights of an American citizen. He has voted regu- larly in the state. He does not know whether his father was legally natural ized or not.
 The Defense.
 The counsel for the defense contended yesterday that he is not a citizen in the eyes of the law and Is not entitled to have a suit brought in his behalf in the courts of this country.
 The commissioner ruled. however, that the hearing of evidence should be pro- ceeded with. In all five witnesses were examined during the day.
 The defendants in the cause are Charley Moore, William Ballinger, John Chance, James D. DeLoach R. B. Patton. and Steve Smith. All the defendants had been previously arrested with the eXcep- ton of Moore and Smith and were out on s2 GOO bond. Moore and Smith appeared in the court room yesterday voluntarily. They are charged with conspiracy to de. prive Joe Hallier of certain rights guar anteed to him by the constitution and laws of the United States. According to the testimony MT. Hallier and B. L. Greer, vice president of the district organization of the mine wrkers, went to Empire, in Walker county to organize a local union on the night of August 10th. On tEe morning of the 11th, while they were waiting at Horse Creek for a train to Bir- mingham, they were assaulted and offer- ed certain indignities and MT. Haller was shot in the arm.
 It is alleged that the assailants repre- scented the non-unon miners of Walker county and that their action grew out of a determination not to allow the United Mine Workers to get a footing in the county
 Legal Talent.
 he fc oonduotad 11N United States District Attorney T. R. Roulhac, assisted by Assistant Attorneys w. H. Standfer and N. L. Steele and Vaughan & Davidson and Lee Cowart. The defendants were represented by John J. Moore A. D. Smith and E. D. Smith
 At the beginning of the hearing, which was held in the United States court room, the rule was called for and all the wit nesses except Joe Hallier and B. l.. Greer left the room. A. D. Smith announced that the defense did not think the federal court had jurisdiction in the matter and asked permission to make demurrer to the complaint. Judge Roulhac stated that that was satisfactory and that the taking of testimony could be proceeded with.
 HalIier on the Stand.
 Joe Haller was the first witness placed upon the stand, He testified that he re- sided at Blocton; that he supposed he was a citizen of the United States; that he was at Horse Creek on August Il, arr irving there from Empire at about S55; that he had organized a local of the U. M. w. of A. at Empire on the night before and that B. L. Greer was with him. He said that he had been informed that he could get train to Birming- ham in thirty minutes, but that the sta tion agent told him there was not one un- til three in the afternoon, and that he then went on the platform to tell Greer about it. Proceeding he said:
 Greer said that he was hungry and would like to have some breakfast. About that time l saw four or five men com ing down the road from the direction of Cordova and when about twenty feet from me one of them beckoned to me. He asked me if my business was not or ganizing local miners union and if the negro did not belong with me. He then cursed me telling me to get away from him and struck at me with his fist. tucked and he missed me. but fell down and as he rolled sideways he pulled gun.
 Guns Pointed at Him.
 "As l strengthened up guns were point ed at me on all sides. Charley Moore was the man that struck the blow"
 The witness here identified James De Loach and R. B. Patton as two of the men who were with Moore. The defend- ants were seated just inside the rail. Continuing the witness said
 Greer said something and MT Moore started toward him. One man struck at me with gun and I grabbed it. The others were hammering Greer over the head with their guns. Finally l loosed my hold and went toward Greer who was bleeding profusely. Moore then ordered us to go up the track. He is the man who did most of the talking. I started down the dirt road and he ordered me on the rail- road. About 75 yards down the track Moore ordered me to kiss the negro and as he had his gun pointed at me I had to obey.
 The witness then said Moore said that a little later he would make him under go an unnameable indignity MT. Haller continued:
 Account of Raising Trouble.
 ''He said you are fine specimen of manhood; you have been over to Empire raising trouble We had gone some dis tance down the track at a rapid gait and were getting very warm. He said, Yes. you are hot now, but you'll be cold when I get through with you; dead men tell no tales He asked some of the others for rope to hang me, and one of them