Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-11-08

argument of Charles Evans Hughes on
May 8, and subsequent days, thirteen
| counts of the Indictment, based upon
section 4 and 20, and an amendment TO
section of the Lever act, were quashed
! by Judge Anderson so that the case
| goes to trial upon Ave counts charging
| violation of section 8, which makes 1t
| an offense to limit the facilities for
1 transporting, manufacturing, storing or
dealing In a necessary, and upon Sec
ton 81 of the penal code.
| Penalty for violation Of these laws is
not more than $4,000 fine, nor more than
| two years Imprisonment, or both.
The overt acts charged in the indict-
ment, in proof Of which most of the
| interesting testimony in the trial is ex-
pected to DO brought out, are ten in
| number and in substance as follows:
! l. That on or about oct. Is or L. 1919,
, John L. Lewis and William Green signed
and distributed a strike order, calling
members Of the United Mine Workers
4 of America from work in the central
competitive field.
! 2. That John L. Lewis, william Green
and various other defendants held con-
/ ferences In indianapolis during the
month OF October. 1919, concerning the
coal miners ceasing work in Indiana ana
other parts Of the country
! 3. That during the months Of January.
/ February, March, April. May, June July
and August OF 1919. thirty-nine indiana
/ operators refused to sell coal owned
and controlled by them and asked and
demanded a price therefor which was
/ higher than the current market price
4. That on or about March 20 1919,
/ J. c. Kolsem. as part owner and gen
eral manager. closed down mine at
/ Hymera and kept 1t closed for three
months. then ana there causing the
/ production and distribution OF coal 70
be restricted approximately 800 tons each
! day.
SAY REPORT TOLD
OF CERTAIN CONTRACT
/ o. That on or about Nov. IS. 1919. II.
/ VI. Ferguson caused to be sent to the
I Indiana coal trade bureau at Tegre
Haute a certain written report concern.
ing a certain coal contract between the
Clinton Coal Company or Clinton and
FAilenz Coal and Dock Company OF NIL
waukee, dated June II, 1919. aud Jonas
4 Waffle az secretary OF the Indiana coal
! trade bureau, received the report and
caused to be sent out % the members
a statement Of the contents.
/ @. That about Feb !, 1919. n, n Fer
guson caused two mines owned oy the
/ Clinton Coal Company to cease opera
ton and remain closed for three months.
causing a loss IN coal production OF
approximately $50 tons per day.
Z. That on or about July 81, 1919, AZ
( Terre Haute, Walter d. rally. ms vice
president OF the Coal Blun Mining Com
pany, executed q contract WITH the Citl-
Eens Mutual Heating Company Of Terre
Haute agreeing to supply 10000 sons
of coal at $2o5, T. o. b. mines: but In
cluded in the written provision that the
( price might be raised or lowered ac-
cording to action By the United states
. Government ON Dec. 10 the defendant
charged the heating company 81 80 per
ton
8 That on or about Sept /. 1919.
/ Walter D. Talley as vice president OF
the Coal Bun Mining Company refused
TO sell or ship coal 70 the Citizens Nh
! tual Heating Company Of Torre Hsute
/ for storage purposes.
Nine-That on or about April %. 1919.
/ o. That on or about April -. 1870
Warren j. Smith. as manager OF tina
Power Coal Company. Of Chicago. CON
tractcd 70 deliver to the sheath Glass
Company, OF Hartford city, from go
/ 10 100 tons OK coal each month for a
year at s240 per ton, lump, aud s. per
ton mine run, but failed and refused to
fully ship such coal and after Nov. 10.
1919, charged the glass company - cents
additional price.
10 That from Aug. 10. 1917, to the
date OF the indictment. the operators de
Quoted a certain sum OF money from the
pay Of each miner and paid Il over 10
the treasurer OF the local union Of the
Z, NJ. w. A., to which such employees
belonged.
HUGHES HEADS
DEFENSE TALENT.
Besides Mr.. Hughes, attorneys for the
defense include the following:
Henry Warrum, Miller. Daley &
/ Thompson, Charles Miller Whitcombe &
Dowden, Taylor, White & Wright, Mark
Miller and Hotel & Patrick, Of Indian
apolls; Z. 0. Collver, C.. A. Roysc, John
Jeffries, Henry Adamson. Beasley,
pouthitt Beasley, Crawford & Beasley,
james f. Piety, James Cooper Jr.. and
Chester Y Kelly, OF Terre Haute; John
NJ Rawley OF Brazil; John \. Riddle, OF
Vincennes, and others.
Defendants. who are Indiana operators
or connected with operators associations,
are as follows
Morton L. Gould, indianapolis, presi-