The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-21
Special Report Made on the
West Virginia Case
COULD NOT AVOID BATTLE
officer Cunningham, In Attempting to
Serve the Writs of Injunction, Is
said to Have Acted Prudently
and Could Not Prevent Fight.

Charleston w. Va, March 2O.-Fhe spe-
cial report of the grand jury in Judge
Kellars court was made public TINS
evening by permission of Attorney Gem
eraI Knox, to whom it was taken by Dis
triet Attorney Atkinson. The grand jury
assigns as a reason for making special
report the fact that there had been grave
violation Of law ending in bloodshed and
that wide newspaper notoriety, with
gross misrepresentations, had been given
officers of the court The report then
continues in substance as follows:
I'VE have examined a large number OF
witnesses who were present and partici-
pated in what took place in Atkinsville
on February q which eliminated In the
battle at Stamford City on the morning
of February 25, 1903.
This evidence before us as to what oc-
CURED at Atkinsville was not only from
United States deputy marshels, but from
citizens of Raleigh county and mt mbers
of the miners union, and was uncontra-
dicted and irrefutable. On that day d.
w Cunningham, United States deputy
marshal, went to Atkinsville to execute
certain writs placed in his hands issued
from your honor's court. He was met by
an armed mob and informed that he
would not be permitted 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, the
alarm bell was rung and he was imme-
diaIely surrounded by an angry mob or
armed men and ordered to leave the town
in five minutes under penalty of death,
and one of the mob threw up his gun,
which was cooked, with the avowed in.
tention of killing him, and was only pre-
vented from doing so oy one of the nleT11-.
bers of the miners union. Deputy Cum
ningham left the place without being able
to execute any writs.
Acted In Prudent Manner.
'The evidence shows that Cunningham
acted throughout in prudent and con-
servative manner. 1t further shows that
the resistance was the result of con-
spiracy ON the part of the miners and
their sympathizers to prevent the execu-
tion of the orders of the court al all haz-
ards even to the commission of murder
itself.
.grhe evidence still further shows that
the life of John l.. Cook a reputable
citizen and deputy sheriff of Raleigh coen-
ty, was threatened because in the dis
charge of his duty as a sworn officer of
the county he was trying to enforce the
law.
"The evidence further shows that
crowd of men, estimated at from 200 to 800,
assembled and came on Big Mountain;
hot of 1S0 nearly
all of whom were armed, started from
there about February "a that they ap-
peared 10 be under strict military disci-
plne and were commanded by men who
evidently had had some military expert
enee; that they marched from Big
Mountain to Stamford City, which they
reached about nightfall February "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 a destination and were actuated by
a fixed purpose which in the light of after
events was evidently to resist the execu-
tion of the process of this court at the
muzzle end of the gun to commit mur-
der if necessary, in order to carry out
their unlawful design.
Organized Posse.
Having been informed of this proceed
ing and having learned that the men for
whom he had processes were members
of the mob Deputy Marshal Cunningham
gathered together number of men as a
posse comitatus, some twenty or more,
and left for Stamford City on the even
ing of February "a, and went to Raleigh,
where he was Joined by Harvey Cook,
sheriff of Raleigh county. with a posse of
some sixty or more men.
The two posses, commanded by Sher-
If Cook and Deputy Marshal Cunning
ham, arrived near Stamford City near
midnight Of the oath and arranged to
surround the village about daylight and
take the mob by surprise, hoping thereby
to prevent resistance and bloodshed
They surrounded the town about daylight
and sent squads to different houses
where they believed the men for whom
they had writs were staying.
1.-THE first demand of the officers for
surrender and admittance was at house
occupied by a, negro named Stonewall
Jackson. Jackson came to the door and
was told that the parties there were
deputy United States marshals and had
writs for the occupants of the house and
demanded that they should surrender to
the law.
jackson slammed the door.
Fired on Summers.
Immediately Jackson slammed the
door and when Edward Summers, MEM
Der of the marshal's posse, forced 1t open,
ne was fired upon by jackson at this time
The fire was returned by the posse and
a number of shots were fired both from
within and from without the house, and
when the inmates finally surrendered to
the officers it was found that two or
three of the inmates had been killed and
several were wounded. None of the Of
fcers were wounded. 1t was afterwards
found that there were eleven men in the
house and the officers secured seven
teen guns, all of which were empty, and
also found large number of empty shells
on the floor Of the rooms where the men
were. In the meantime the battle had
been raging in other parts OF the town.
and according to the testimony OF some
witnesses 1900 to 1000 shots were fired al
together, and the evidence shows the
strikers had with them small cannon.
which they carried away with them. 1t
ia the testimony OF the witnesses that no
shots were fired by any member of the
posse until they had been first fired up
ON BY the strikers; that Deputy Marshal
Cunningham and Sheriff Cook positively
Instructed their men to use no violence