The New York herald., 1921-01-29
MINGO PROSECUTION
PLANS Big SURPRISE
Man Freed in Staying Of Seven
in Mine Fight Expected
to Testify.

Special Despatch TO TIE Nrw YORK HERALD.
WILLIAMSON, w. Va. Jan. 2s.--Re-
iationship of prospective jurors to de-
PENDANTS by either blood or marriage.
the courts refusal to permit either
union miners. coal operators or en-
ployees of coal operators TO serve, and
the conscientious objections of men to
capital punishment were the principal
factors in retarding the work of pick
ing q tentative jury of twenty men for
the trial or Sid Hatfield and twenty
other defendants charged with the slay-
ing OF seven Baldwin-Felts detectives
at Matewan last May. Only seven men
were chosen of half a hundred examined.
making thirteen selected In two days
Of examining.
OF the twenty tentative jurors TO ne
selected. eight must be cast aside De-
fore the trial actually can begin. This
work, the court expects. will not be
finished tomorrow. Accordingly, wit
nesses were told they might return home
until Monday.
The general feeling that trouble and
probably bloodshed will occur be.ore the
trial ends has somewhat subsidized since
the Judges order that all persons enter. :.
ing the court room be searched for arnis.
boasted openly that his gun accounted
for five of the slain detectives.
Thirty Talesmen Related.
1t becomes more evident as the work
of selecting the jury goes on that resi-
dents Of Mingo county are closely re-
lated. Thirty Of the men examined since
yesterday morning have professed either
blood or married relationship to Charles
Kser. one defendant A number almo IT
as large has claimed relationship to the
Hatfield clan.
Judge Bailey, whose rulings thrice
snnote the defence yesterday, delivered
blow at the prosecution to-day by ruling.
as he ruled In tile case Of members OF
the United Mine Workers Of America.
that neither coal operators nor their en-
ployees can serve on the jury. because
they are interested parties" Accord
ingly two operators were excused.
'"The operator is just as much an
interested party as the union miner, ana
Is not. therefore. qualified to serve on
this jury" Judge Bailey ruled. His rule
on employees of operators came later,
the court holding that to give the de-
fendants fair and impartial trial no
person must be allowed on the jury who
can in any way be considered an inter-
csted party Despite this logic of the
court, however, one juror was selected,
tentatively, though he was admittedly
favorable to union men and antagonistic
TO the private detectives. He declared
his verdict would be based upon the
eviderce presented.
William Dempsey, second cousin OF
Jack Dempsey. the pugilist. was tenta-
tive juror selected to-day. He was one
Of the few who were not related to any
Of the defendants.
Surprise by Prosecution.
Growing evidence was seen that the
prosecution hopes to spring a trump
card in the person Of Isaac Brewer, a
defendant, against whom indictments
were nolle pressed yesterday on the
ground that no evidence was available
to show him connected with the killings.
Judge Bailey. who took a hand in
questioning the prospective Jurors. made
1t point.to inquire whether the man
under examination was related to
Brewer, which was considered signifi-
cant by; the defence. 1t was expected
when the indictment against Brewer
was nolle pressed that the State planned
a coup and would spring Brewer as a
witness against the defendants, but the
situation apparently Is not alarming
either Hatfield or his fellow defendants.
"He can't do us any harm" Hatfield
said. HE can't change the story he
told before the Grand Jury under oath
without being discredited."
Hatfield was brought from Jail this
morning just a few minutes before the
entrance OF his wife. reputed the moss
beautiful woman in Mingo county and
the widow OF Mayor c. c. FISHERMAN OF
Matewap. who was slain in the fight.
Hatfield and the Mayors widow were
welded just two weeks after the fatal
battle.
1T was my first night in jail--the
first night In my life-and / didn't like
it." Hatfield said adding that he
'fsuouldr't ho ti1ara long,