The Hartford republican. (Hartford, Ky.) 18??-1926, 1915-08-20
JUDGE BARRED
IN MINE TRIALS
Former Company Attorney Is AL.
legation Of Lawson
Attorneys.

lea to obtain new trial for John II
Lawson, member of the Internationa
Executive Committee of the Miners
Union, who was convicted on a charg,
of murder growing out of the strik,
riots at Ludlow. Col, met a partial
victory today when the State Su.
preme Court granted writ of super.
sedeas, PRELIMINARY to a review of the
Lawson case on merits. The mine
workers won a second victory when
the Supreme Court barred Judge
CRANKY Hillyer, who sentenced Law
son, from presiding at future trials
growing out of strike disorders.
The supersedeas writ stays the
execution of the sentence of life i'm
prisonment, pronounced on the labor
leader by Judge Hillyer last May.
The court deferred settlement of the
question of admitting him to bail and
Lawson still is in Jail at Trinidad.
The writ of prohibition by which
the court barred Judge Hillyer from
presiding at future strike trials was
issued following presentation by
Lawson's attorneys of the contention
of bias on the part of Judge Hillyer
because at one time he was an at
torney for the coal mining compan-
les. Judge Hillyer was appointed to
the bench last spring by Gov. Carl
son.
Several hundred so-called strike
causes remain on the docket in Judge
Hillyers district.
Lawson's application for a writ of
error and a supersedeas staying the
execution of the sentence pronounced
by Judge Hillyer, was based upon
the same allegations contained in a
previous motion for a new trial, de-
MED by Judge Hillyer. Notable
among these allegations was an af-
fidavit by Grover Hall, a member of
the jury which convicted Lawson, de-
claring that he was induced to agree
to the verdict of guilty through coer-
Give measures employed by a court
The application also claim
ed that additional evidence had been
found.
The motion to bar Judge Hillyer |
from presiding in future trials grow
ng out of the recent strike of Colo
'ado coal miners was filed in the
State Supreme Court on June 2S.
The motion specifically applied to
he murder cases against John Burke
Charles Haines and X. Uyado, grow
ng out Of the lighting around Wal
'enburg in the spring of 1914. The
vowed purpose of the defendants
attorneys however, was to raise is
'ues on which they hoped to prevent
Iillyer presiding at any future strike
,ases.
The motion was based mainly on
he alleged fact that Judge Hillyer
vas formerly an attorney for the
Colorado coal mine owners and was
therefore, prejudiced against the &C
used strikers. 1t was charged that
he mine owners employed a force
# attorneys and detectives to secure
of strikers, and that
iranby Hillyer before his appoint
nent of Judge, belonged to this
Gree a.,
Judge Hillyef presided at the trial
f john Il. Lawson in which the la
or leader was convicted of frst-de-
rec murder
Two Dissent.
Chief Justice w. H. Gabbert and
Justice James E. Garrigues dissent
ID from the opinion which was de-
ivered by Justice S. II. White.
After reciting the allegations of
prejudice presented by counsel for
he United Mine Workers the court
said it was deemed unnecessary to
determine whether Judge Hillyer had
been of counsel in the case forming
he basis of the suit.
without regard thereto we are
from the facts alleged" said
he court, that a reasonable person
might very properly conclude that
because of Judge Hillyer's interest
and activity in cause of similar
character against active associates Of
REALTORS he has within the meaning
Of the law, a bias or prejudice that
would in all probability prevent him
from dealing fairly with the REALTORS,
As defendants.
Lawson Jubilant.
Trinidad, Col, Aug. 17.-John r.
Lawson at the county Jail here to-
lay when advised Of the ruling of
he State Supreme Court said:
cat oouoidar tho actinn NJ tho Su-