The bee., 1905-11-09
'RCIS GUARDS
BE DISMISSED.
pudge Clements Says All
Evidence Proved Men
/ Not Armed.
iis Employment Agency Under
contract to Furnish 500 Men.


ae case against the guards of
me West Kentucky Coal Com
pany who were arrested on Octo-
Der 20 at Sturgis, charged with
having violated Section 1875,
crimes and misdemeanors, Ken
lucky Statutes, which forbids an
armed person or body from COM
ing into the State without con.
sent of the Governor or the Leg
islature, under heavy penalty of
fine of not less than 81, 900 or
more than $4,000 or not less than
six months and not more than
one year in Jail, or either so fined
Aand imprisoned at the discretion
of the jury. Twenty men, who
had been brought to Sturgis by a
st. Louis detective and employ
vment bureau, were so arrested
and put under bond of $500
zach. The trial was begun be-
pre- County Judge A. w. Glen.
hts, of Union county, Tuesday
I last week, and was concluded
On Thursday, when the judge
4 dismissed the cases against the
J guards upon the ground that the
evidence did not sustain the
ck- tges.
Nudge Clements decision upon
the points at issue are contained
id the first and fifth sections of
that decision, as follows:
eist. L find from the evidence
J, both by plaintiff and defendants
w1nesses sha. srom all that could
be gathered through the whole case,
that section 225 of the constitution
OF Kentucky, and section 1876 Ken
lucky statutes we're not violated
by these defendants, and that said
defendants were not armed when
they came to this State, aud the
City of Sturgis, Union county"
18th. 1t is after careful consider
alton Of this case / have arrived at
this conclusion, cal efully weighing
each point of evidence as best /
could, trying to judge impartially
with no favorites as far as my du-
ties are concerned; my individual
sympathy being with the working
class In Union county, having al
ways been working man myself,
and ever ready to stand by them in
their rightful efforts. AS 4 have
previously said, / have carefully re-
viewed this case and cannot bold
these defendants over to await the
action Of the grand jury, so, gentle
men, you are dismissed"
One union miner testified that
he stood at pump house oppo-
Site the hotel, which is rs or 100
Ieeet away, on the night of Octo-
hber "a, and saw two guards go
into the hotel, one having two
pistols in one hand and the other
a pistol IN each hand; that he
saw them conceal these on their
persons. He said that he was
'dressed in summer clothing and
did not get wet because the night
was clear and the stars shining"
Another union miner swore that
on the same night, as he passed
the hotel, he saw large man
adjust belt and saw something
Hash which he thought was pis-
toll. He swore it was raining
hard and had rained hard all
afternoon and until late that
might.
The manager of the detective
and employment bureau, of st.
Louis, testified that he had con-
tract with the West Kentucky
Coal Co. to furnish men to dol
such work as they might require
done and thathe was to furnish at
least 500 such workmen. He stated
that the twenty men on trial did
not come armed to Sturgis, but had
acted, many of them, as night
\ watchmen and were furnished
with guns by the coal company
at the places where they were on