Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1904-01-15
GOVERNMENT BY INJUNCTION

Judge jackson of the U. 8. Court OF
w. Va. has released John LANG ano
Stuart Hurt, the two men who 1t is
stated ere acting as deputy U. ..
Marshals, ard shot and killed John
Hairless. strike leader, some time ago
as b. was running away to avoid al
rest. The decision is unique, aud hts
been printed IN full in many papers IN
w. Va. There was no comment on IL
at the late session of the W. va. Bar
Association, in so far as We have heard,
1t being, we have been told, a treason
able act in that,State to criticise ad-
versely an opinion Of the o. s. Court
For the benefit of the public and to
show how little regard it had for hu-
man life in tue mining regions OF that
State ID some Instances, we will give
a short statement of this very remark;
able case, as 1t tends to show why the
the Democratic party in 1896 denounc
ed government by Injunction. and yet
at that time its monster form had not
overshadowed the country as now.
During strikes of last year an in
junction had been sued out by a coal
company from the U. S. Circuit Court,
one of those blanket injuuctions OF
which we have heard great deal. 1t
was alleged that Hairless had violated
this injunction, and one Cunningham
a deputy marshal, and q man very
free with his gun as we learn, and the
same whose posse had killed % ne
groes in their cabins, many OF them
asleep. was sent to arrest Hairless.
John Laing was a coal operator who
had been affected by the strike, and
who was very bitter against Hairless.
and he had very trusted employees
of the name of Stuart Hurt. Gun
bingham called and took these two
i with him. These two were armed
with Winchesters and side arms, and
/ they were bid il ravine where they
might intercept Hairless If be came
out that way. Mark the position, and
mote also that under the warrant OF
arrest these men were not justified In
killing the fugitive simply because he
was running away. Hairless, on the
approach of Cunningham and other OF
bis posse, fled toward wood. Laing
and Hurt say they called on him to
halt, others say they did no such thing
but deliberately fred on him and shot
him in the back and killed him. The
circuit court of Raleigh county wher'
! the killing took place, had these mel
3 Indicted for murder, and the q. 8
Court granted writ Of Habeas Corpus
and released them. In doing so man!
new principles of self defense ar
enunciated. In the first place Laini
and his man Hurt were in a goo
T. frame of mind for the killing of Hal
i less inasmuch as it is insisted tina
they never did cry halt and shot a
n him from ambush. But they justif
!. the killing on this ground-that the
} shot simply to protect themselves, the
II believing that if Hairless reached
,. pine tree which stood in the directio
:. In which he was running. he woul
" then turn on them-Laing and Hurt
q and kill them. II armed at all, and
= is alleged he had no arms. they say /
had pistol which he banished in
threatening manner, he was only or
es against four, and all Of the four wei
10 arHed with Winchesters as we'll as pi
10 tolls. Laing and Hurt. who did tt
AZ shooting were. as we have stated. hi
u in a ravlne and 1t Is not claimed thi
lie Hairless ever saw them. As to WHIT
b an officer Is justi6able in committir
ID homicide, we quote from the Opinlo
I'd itself. Citing an authority, the cou
ly says:
ut I'm the case of Allen against tt
ed United States, NJ. q. 8. 4SS, the 81
Is. preme Court holds that in case
homicide person committing HON
eide must be surrounded by such ci
cumstances as would lead reasonab
person to believe that his life was
!, peril.
- Here was man running away {
fast as be could, with his back to b
pursuers, and they armed with pisto
- and rapid firing guns, and in ambus
- shot at and killed him. We're they
peril of their lives? Yet on that la
the court says:
~ "This court reaches the cOnclusio
that Laing and Hurt were summone
- by Deputy Marshal Cunningham, an
were attempting to arrest Hairless fe
. violation of the laws of the Unite
: States, and while so acting under th
4 law were justified in using whateve
= means we're necessary to execute th
- process of the court; and that if the
>, believed In the execution of the process
10 that it was necessary to save thei
lives or protect themselves from Hal
lless, and they had reasonable ground
. for such belief, that the law will hol
them harmless of homicide upon whic
they stand indicted in the court Q
e Raleigh county, West Virgins"
A Mark that the means necessary"
r. execute the process do not warran
a homicide, homicide being warrante
il only to protect their lives, or as tn
q court puts it, save their lives.''
The human mind can hardly grasp
I decision which holds that a heein,
t man going as fast as he could ava
from those who killed him, could b.
i any possibility put his slayers in fea
y of him. Slayers armed capa pie, Win
: chesters and pistols, in the hands o
h both and moreover in ambush, slayer,
r with two other friends in calling dis