The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-04-24
MINERS ON TRIAL
AT MOUNDSYILLB
STATE RESTS AFTER CHILLING
EXAMINATIONS.
wordy Battles Between Counsel
FessSred Nesterdsy's sesslen-in-
terpreter May BE Called.

The case OF the Mound Coal Com
pany. OF M~oundsville. against twelve
Goa miners charged with rioting and
melting 10 riot In the trouble al the
mine on First street. was called at
Moundsville yesterday morning in the
circuit court. with Squire W. NJ. Riggs
on the bench. Attorneys ]. II. Somer-
vile and Attorney ID. b. Evans repre-
sented the coal company. while Martin
Grown vas counsel for the miners.
Eleven of the defendants filed in the
room at 10 o'clock. and Frank
Costello. who was out on 81 1000 bail.
was already seated by his counsel.
Deputies were stationed throughout
the court room; also many were on
the outside OF the court house.
Just before the trial began, Sheriff
Alley arrested Frank Odinick. who had
come into the court room. Upon an
adjournment OF the morning session
two more. viz. Lawrence Polinic and
Frank Canoe were also arrested, all
three are charged with the same crime
and could not be found until yesterday
morning.
First Witness.
James Mcdonald. a resident OF
Moundsville. was one OF the first to
leave h mine on the evening OF the
trouble. He told Of being attacked
by the mob. being kicked and beaten.
but was unable to identify n of the
defendants as participants in the
trouble. Cross examination by Brown.
he said he had been under the care Of
DIR. Morgan for about a week but could
walk around. Employed as a loader.
w. o. Conklin. the second witness,
had started home with Mcdonald.
Didn't know what the trouble meant.
Threats were made. He pointed out
Odinick. one of the defendants in the
case. as n OF the men who threaten
ed him.
cross-Examination.
Witness could state whether any
women or children we're in the crowd.
Said he could understand threats made
in Slavish. Witness denied hat any
one approached him and McDona d and
asked them In a quiet way not to work
in the mine until the trouble was
settled, and hat he struck the man
who approached him. One of the men
who had a clean face kicked witness
In the back.
IL AlOi san SNdAtu lndl ne hGuL W
the mine out of curiosity. Described
the injuries OF Mcdonald, who said
he called on him, but stated that there
was no fracture though several pain
full Commissions about the ribs, hand
and legs.
Seth Stevens employed as mine
boss told OF the assault upon the men
on Tuesday, April 10. OF his striking
one Of the men with his safety lamp
and the running back into the office.
Heard Bierce saying; Take him t
and string him up"
Brown asked him IL he had told all
he knew about the trouble. Witness
and Brown engaged in a controversy.
Pete Winch came to the Office the
next day and in the presence OF
Sheriff Alley and others said, "You
- I'll get you" Witness
stated that he knew all OF the twelve
men referring to the prisoners were
in the crowd. Named all OF the men
who were first arrested. Other wit
nesses that were examined in the af-
t%ernoon were. James Nice. Sanders
Owens. Mrs. James Nice. Foster Hig-
gins, and Alfred Higgins, but all knew
nothing OF the details Of the assault
upon Mcdonald and Conklin.
Superintendent Testihes.
l.. W. Brown, General superinten-
dent OF the mines was at the mine
when the trouble occurred. stated that
for several hours before quitting time
there was quite a congregation OF men
gathering about the mine. Witness re-
ferred to the committee approaching
him on April Sth. and notifying him
that operations at the mine would
cease till the scale Is signed up. The
scale is the agreement OF the company
as non-union to operate as union.
Reece and Costelloe were two Of the
committee that approached him on
that evening. Reece done the ad-
dressing. John Haddox was the third
man. Witness stated that about
thirty five men reported for work on
the following morning OF the sth.
Stated that Louis Bierce ordered
driver Nice 10 quit hauling coal 10
the Fostoria Glass company.
Edward Wright stated that he was
working at the mine on April 9th. the
day Of the trouble. that when he was
coming TO work he was stopped on
the street by Nick Carfon. one OF the
defendants. and told not to 20 To
work. When the witness was asked
TO Identify the man who told him not
TO 20 70 work. he put his hand on
the shoulder OF another man.
Stevens. when recalled. upon being
asked by Brown II the man whom
Wright had said was Nick Carson.
replied that that was Andy Norwich.
Wright. when recalled. stated that he
was not sure that hat was the man.
State Rests.
Prank Costello told Of going "a
Wheeling after a suit Of clothes on
the day Of IN etrouble. got on Of 4 40
car and started toward his home on
First street. saw Stevens run across
road with safet ylamp over shoulder:
saw him strike n man across back.
started toward Stevens: witness said
he wanted TO prevent trouble. used "a
be on committee. never called Ste.
vens a a ~ a b never met any place
and discussed plans 70 Q miners