New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-12
No Beard for Civil Law.

I
/ equallcd since the Civil War
No Regard for Civil Law.
Captain Charles r. Morgan and Major
James 7. Pratt two members Of the mill
tarv committee which at three different
times assumed absolute dominion over
1 some $50 square miles Of West Virginia
| territory. told the committee that their
I proceedings were conducted without re-
gard TO the civil laws OF the state: that
they arrested. arraigned. tried and con
victed offenders without recourse to proc
ess Of the civil courts and imposed SEN
! fences without regard to the limitations
imposed by the statutes.
I'VE considered the entire strike dis
trict was in a state Of actual warfare
said Captain Morgan. "and we acted &C
cordng to the procedure OF the United
states army in time of war;
But the constitution Of the state pro-
vides." interjected Frank s. Monnet, Of
counsel for miners. that the military
I shall he subordinate to the civil power
I and no citizen unless engaged in military
service Of the state shall be tried or he
punished in any military court for any
offence that is cognizable by the civil
courts Of the state
my understanding was replied Cap
tain Morgan, that during this state OF In
surrection which prevailed the constitu-
ton OF the State Of West Virginia had
been suspended by the acts Of these men
who were burning, killing and destroying
property"
dozen pictures Of men clad in prison
clothing. with heads shaved, were identi-
fed by Major Pratt as men who had been
sentenced by the military commission and
sent TO Jail. One was given sentence OF
seven and a half years for perjury; sew
tral others were given three. four and
fve-year terms for interfering with
officers"
Like Wars DesoIation.
The most graphic witness was Adjutant
General Charles D. Elliott who told of
the battles at Mucklow and Holly Grove,
I'm the Paint Creek section; OF armored
trains carrying machine guns that swept
through the strike district, and Of men
ambushed and shot down. At least
score OF skirmishes were detailed by him.
IN nearly OF which men were killed or
wounded.
General Elliott also told Of the capture
by the state troops OF six machine guns
capable Of firing 80 shots minute and
10000 rounds Of ammunition. He identi-
fed photographs of a sheet-iron fort
built by mine guards at Mucklow. and
told Of the capture OF hundreds of man
killing" guns, many Of tteun hidden OUT
in hollow trees and mountain caves, after
the militia took charge OF the strike dis
trict.
After the first martial law period. Gen
tral Elliott said members Of the state
militia. officers and men. were employed
by the coal operators as watchmen or
mime guards" remaining in that capacity
even after martial law was again de-
clared.
Tales Of Deadly Fights.
Cross-examined by counsel for the op-
orators, General Elliott said he had been
informed that Just prior to the first dec
laration of martial law bodies OF armed
miners were parading up and down Paint
Creek He had been Informed that two
watchmen, Stringer and Phaupp, were
shot from ambush, Stringer killed and
Phaupp badly wounded. party Of
guards who tried to recover Strngers
body he had been informed. had been
driven back by rife fire. This was on
July 25. 1912.
The next day an attack on the village
Of Mucklow had been made by several
bodies Of men, firing from the hills about
the town. Reports 10 General Elliott
showed that miner named Gus Pinson,
who was with a rescue party that went
10 the relief OF Mucklow was killed. Soon
after the battle OF Mucklow troops were
sent into the Paint Creek field. Then the
trouble spread 10 Cabin Creek
II was reported TO him. the witness said,
that the village Of Ronda. on Paint Creek.
had been attacked and a mine guard
named Hines and several others killed.
Taking up the question OF guards, coun-
eel for the operators ascertained from
General Elliott that after martial law was
lifted the first time Governor Glasscock
Insisted that the operators remove from
the state the guards hired from the Bald
win Feltz people. This was done. and
watchmen under the charge OF officers
OF the state militia were made watch
men in the strike region. General Elliott
said he and Governor Glasscock reviewed
the lists OF new guards hired by the mine
owners. that the militia officers placed in
charge were OF good character but that
the complaints Of the conduct OF the