Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-11-09
INVESTIGATION Of
PALMER'S PART IN
COAL CASE BEGUN
U, S, Judge Asserts He Is
Going to Find Out If Attor-
ney General Can HAM
string" Case in His Court

String' Case in His Court
INDIANAPOLIS, Ind, Nov. Sat
the request of the government, the
conspiracy case against 125 soft coal
] miners and operators of Indiana. Ill
inois. Ohio and Western Pennsyl-
vania was continued when called in
the United States district court of
Judge A. B. Andrews here this morn
ing.
Judge Anderson then Immediately
started upon his investiga ton of
Attorney General A. Mitchell Pal
4 ner's connection in the case, at one
time declaring I'm going to ind out
whethSr the attorney general can
hamstring a case in this court" Dan
w. Sims. of Lafayette, Ind, who re-
Gently resigned as special assistant
district attorney in the case, was
the first witness called in the inves-
tigation.
Special Assistant L. S. District
Attorney Slack moved for the con-
tinuance. The attorney general, he
said, had written a letter which con-
tanned instructions to eliminate GER
tain facts, which, if carried out would
practically nullify the government s
case.
In making the motion Mr.. Sack
quoted the following letter of Oc-
tober 1, 1920, from Attorney Gener-
al Palmer to his special assistant,
Dan W. Simms, at that time in
charge of the governments case:
|. More Time Asked
This is to remind you that the
ease against the miners is to be
based on facts obtained after the
injunction proceedings and is not
to be based on facts obtained before
the injunction proceedings.
This is in accordance with I'M
derstanding when 7 was in Indianap-
oils"
Shortly after this, Mr.. Slack said,
Mr.. Simms resigned.
eff we eliminate the facts in your
letter it will practically nullify the
case" Mr.. Slack said he told Mr..
Palmer.
at also is because Of this and the
resignation of Mr.. Sinms that we are
not ready to proceed with the case
aud 1 must ask further time and OPP
,portunity 20 arrange the case" Mr..
Slacl, concluded.
+ MISUNDERSTANDING the conclusion
of Mr.. Stacks speech Judge Ander-
son made the following statement:
Here's an attorney general who a
/ month before the trial writes to his
assistants telling them 10 eliminate
the facts.
Lets Investigate this
He c1Cered that Messrs. Simms,
Slack and District Attorney Freder-
lick Van Nuys be sworn and take the
stand.
Sinlms on Stand
Just before questioning Mr.. Simms
regarding Mr.. Palmer's visit here De-
cember 8, 1919, Judge Anderson de-
clared the trial should be continued
but that he would rule on the motion
fer continuance later.
Mr.. Simms declared that a, confer
ence was held here on December be-
tween Mr.. Palmer, Judge Andersen,
Mr.. Slack, Judge c. b. Ames. assist
art to Mr.. Palmer, Mr.. Van N'lys and
himself.
conference that any evidence be sup
pressed on the question, Mr.. Simm2
said.
The understanding" mentioned in
Mr.. PalIaer's letter to Mr.. Simms
was a mystery to him, Mr.. Slmms
sa!d.
Mr.. Simms said he resigned be-
cause the facts which Nj. Palmer
suggested should be eliminated would
st; Ike the heart out OF the case.
rir. Simms said he wrote TO Mr..
Palmer explaining his resignation.
He got no answer, he said.
Slack Called to Stand
Mr.. Simms' telegram from Mr..
Palmer in which Mr.. Palmer Is
and Judge Anderson agreed with him
to withhold the facts, is suggested
in his letter of October l to Mr..
Simms. Mr.. Simms said he attended
a conference with Mr.. Palmer here,
December 8, but that no suggestion
was made regarding elimination OF
any of the facts.
Judge Anderson asked Mr.. Slack
if Mr.. Palmer did not say he con-
/ sidered the calling off of the strike
h surrender" Mr. Slack answered
in the affirmative and Judge Ander-
son asked: And didn't l agree that
there had been a surrender but was
not quite sure who made the sur
render?"
Yes" answered Mr.. Slack.
Mr., Slack testified he had received
a reply from Mr.. Palmer in answer
to his letter seeking further inter-
probation of Mr.. Palmer's instruc-
tons.
But 1 have not been able to make
out just what he means, said Mr..
Slack.
Mr.. Van Nuys followed Mr.. Slack
on the witness stand.