The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-21
Miners and Others Severely Arrafgned
for Organizing, Aiming and Fight.
ing Deputy Marshals.
BATTLE OF STAMFORD CITY
AND OTHER INCIDENTS OF THE At
TEMPT TO SERVE wRITs.
Findings Of the Grand Jury Laid Be-
fore the President by Ex-Gov-
ernOr Atkinson.


United States district attorney for the
Southern district of West Virginia, to-day
laid before the President the findings of
the grand jury in the case of the recent
conflict between the miners and deputy
marshals at Stamford, Raleigh county,
West Virginia, in which five men were
killed and many wounded. The report of
the grand jury was made to Judge Benja-
min F. Keller, of the Southern district of
West Virginia, and he regarded it as so i'm
portant that he felt it his duty to lay it
before the Department of Justice. 1t was
received by Acting Attorney General Hoyt,
and by his direction Mr.. Atkinson presented
1t to the President.
CHARLESTON, w. Va, March 2e.-The
special report of the federal grand jury in
Judge Keller's court was made public this
evening by permission of Attorney General
Knox, to whom it was taken by District
Attorney Atkinson. The grand jury as
signs as reason for making a special re-
port the fact that there has been grave vio-
lation of law ending in bloodshed, and that
wide newspaper notoriety with gross mis-
representations had been given the affair
and great injustice done the officers Of the
court.
The report then continues in substance as
follows: 1--WE have examined a large num-
Der of witnesses who were present and par
ticipated in what took place at Atkinsville
on Feb q which eliminated in the battle at
Stamford City on the morning of Feb. Is.
1903. This evidence before us as to what
occurred at Atkinsville was not only from
United States deputy marshals. but from
citizens from Raleigh county and members
of the miners union and was uncontradict-
ed and irrefutable. On that day d. w. Cum
bingham, Deputy United States marshal,
went to Atkinsville to execute certain writs
placed in his hands, issued from your Hon.
or's court, he was met by an armed mob
and informed that he would not be per-
mitted to execute said writs. and his life
was threatened. When he protested against
such proceedings and informed them that he
was an officer Of the law trying to perform
his duty in executing the orders of the
court and his superior the alarm bell was
rung over the hall of the United Mine Work.
ers. which seems to have been a precon-
rounded by an angry mob of armed men
and ordered to leave the town in five min
utes under penalty of death if he did not
do So" Cunningham finally left without
being able to serve the writs.
AN ORGANIZED MOB.
Continuing, the report says: This same
band Of men or mob organized themselves
into a semi-military body and marched
across the country to a rendezvous on Big
mountain, near Quinnimont. The evidence
further shows that crowd of men, esti-
mated at from 200 to &c., assembled and
camped on Big mountain, that portion
of them, some $50, nearly all of whom were
armed, started from there on the morning
of Feb. "a, that they appeared to be under
strict military discipline and were COM
manded by men who evidently had had
some military discipline experience, that
they marched with military precision from
Big mountain direct to Stamford City,
where they arrived about nightfall Feb. "a,
1903. that they made no demonstration on
the way except to hold up Ed Summers, a
citizen, and shoot at him, but seemed to
have destination and were actuated by a
fixed purpose, which, in the light OF after
events, was evidently to resist the execu-
ton of the process of this court at muzzle
of the gun, to even commit murder X neces-
sary In order to carry out their unlawful
design.
Having been informed of this proceeding
and having learned that the men for whom
they had processes were members of the
mob, he gathered together a number of men
as posse comitatus. some twenty or more.
and left for Stamford City on the evening
Of Feb. "a and went to Raleigh, where they
were Joined by Harvey Cook. sheriff of
Raleigh county, with a posse comitatus of
some sixty or more men. By arrangement
between Deputy Cunningham and Sheriff
Cook the county posse was added to the
marshafS posse and the deputy marshal s
posse was made part of the constabulary
| or posse comitatus of Raleigh county The
| two posses, commanded by Sheriff Cook
naa cy Of I
| 24th and arranged to surround the village
of Stamford City about daylight and take
the mob by surprise; hoping thereby to
| ing also that their numbers and unexpected
appearance would convince the mob of the
| futility OF resistance and insure the quiet
and peaceable execution of the writs. They
| surrounded the town about daylight and
sent various squads to different houses
where they believed the men for whom they
| had writs We're staying. The first demand
| house occupied by a negro named Stone
| wall Jackson. Jackson came to the door
| and was told that the parties there were
deputy United States marshalS and had
| warrants for the occupants of the house
and demanded that they should surrender
| THE FIRE RETURNED.
| jackson Immediately slammed the door
| shut, and when Edward d. Summers, a
member of the marshars posse forced II
| open he was fired upon by Jackson with a
| double-barrel shotgun, and the powde!
! burnt his eyebrows. The fire was returned
| by the posse, and number of shots were
| fired both from within and from withou,
| the house, and when the inmates finally
surrendered to the officers 1t was found
that two or three of the inmates had beer
| killed and several were wounded None o.
the officers was wounded. 1t was after
| wards found that there Were eleven men IL
| the house, and the officers secured seven
teen guns, all Of which were empty ant
also found a large number of empty shells
| on the floor of the rooms where the mel
were. In the meantime the battle had beer
| raging in other parts of the town, and so
| to 1900 shots were fired altogether, and tn
| evidence shows the strikers had with then
small cannon, which they carried ava,
with them.
| I'VE do not regard Ii necessary to go int,
details of what occurred in other parts o
the town, except to say that 1t was the con
| sensus of opinion of the witnesses exam
| ined that the first shot fired that morninj
which precipitated the unfortunate conflic
| was from near the house of Marion Mar
shall by armed strikers. 1t Is also the ties
| timony of the witnesses examined before u
| that no shots were fired by any member O
the posse until they had been first fire,
upon by the strikers; that Deputy Marsha
Cunningham and Sheriff Cook postivel,
| instructed their men to use no violence no
10 use their arms unless In protection o
dence before US goes: was strictly obeyed
Chris Evans national organizer Unite
Mine Workers of American. testi
the entire charge and control O
the United Mine Workers in the distric