Omaha daily bee., 1920-11-09
Conspiracy Trials Of
Coal Men Continued
Continued From Page One.)

proceedings" which were a part OF
the governments fight last year to
brick the soft coal strike.
Mr.. Ralmer's letter added that his
instructions were "in accordance with
our understanding at the time" but
Mr., Simr1ls declared that no agree
ment of any sort srelating to sup
preston of the evidence had been
made by him or other attorneys for
the government.
Later, Mr.. Ames, interpreting Mr..
Palmer's letter, said the attorney
General intended only to give in
structlons regarding the contempt
cases, and added that 'inadverent
use" of language caused different
interpretation being made by Mr.
Simms and associated counsel.
Mr.. Ames declared that Mr..
Palmer believed lie had the right to
elect whether to prosecute court ac-
tions at the time of the coal strike
as civil or criminal cases, and hav-
ing chosen to acs on the civil side,
that he also should not attempt
Cr1mlnal prosecutions
Questions Palmer's Power.
''Do you understand that the at
torney general has the right to is
sue partlDns in advanced" asked
Judge Anderson.
II understand that the attorney
general has the right not to prose-
cute these miners for the strike" :,
ASKED why the attorney. general
did not want evidence that was the
basis for the contempt proceedings
used in the present cases, Mr.. Ames
said that this was because the miners,
submitted to Judge Anderson's order
directing cancellation of the strike
order last year. This was challenged
by Judge Anderson, who asserted
the miners "flouted" his order, but
submitted to negotiations with Mr..
Palmer.
Here are two armies,' continued
the judge, referring to the cases.
The general of one agrees TO hold
back his strongest divisions. Can he
do it? He may. but he would be
court-martialed if he did"
Mr.. Simms, L. Ert Slack, special
prosecutor, and District Attorney
Van Nuys testified that no agreement
for the SUPPRESSION of any evidence
was made last year with the attorney
general. Mr.. Ames. who attended
the conference with Judge Anderson
and others and at which Mr.. Palmer
has been quoted rs saying the agree
ment was reached, volunteered a
similar Statement, and flat denial
that any sort OF an agreement was
made by Judge Anderson =
May Not Be Tried.
Mr.. Simms and Mr.. Slack also said
that their efforts to remove defend
ants living outside Indiana had not
yet been successful. and that they
had the impression that the Depart
nsent of Justice was not in,favor of
pressing the case. Mr.. Van Nuys
declared that intimations had come
to him from the people connected
with the defense" that the cases
would not come to trial, and he
named Karl Houck, an investigator
employed by the miners, as. his in
formant. Mr.. Van Nuys' statement
was in answer to the judges question
whether he felt persons outside the
case could get information from the
before he received it.
"Were you confronted with the
suggestion thae the Department of
Justice was not in sympathy with
this prosecution?" Mr.. Simms was
asked. testifying about removal pro-
ceedings in other states. .1
1--WE wcre," he answered..
WAS that repeated" .. -
"Very many times" said Mr..
Simms, but the source of these sug-
gestions was not brought out,
Just before the investigation ad-
journed to be renewed later In the |
day, Judge Anderson declared, II
am going to find out if this govern
ment eenters in few individuals in
and he added that he
also would learn whether he was a
"puppet to be controlled by strings |
nu]ied from Wa shnpton."