The New York herald., 1921-02-04
SEEK TO BAR UNION
FROM MINGO JURY
State to Claim That Labor AZ
filiation Will Make Fair
Trial Impossible.

Special Despatch 90 THE NEW YoRK HEsAI.D
WILLIAMSON, W. Va, Feb. 3.-The
elimination OF every juror who belongs
to any labor organization affiliated with
the American Federation OF Labor and
who has been accepted tentatively in the
trial of Sid Hatfield and twenty associ-
ates in the Circuit Court before Judge
Bailey for the Staying of the Baldwin
Felts detectives at Matewan will be
asked by the State
II this demand Ia granted 1t virtually
will mean that finding jury to try
Hatfield and his coderendants will be
impossible in this county. 1t also will
establish precedent in the United
States. as IL is said 20 be the first time
such question ever has been raised in
open court.
The list Of Jurors tentatively accepted
will be attacked on the ground that they
belong to an organization which is con-
tributing to the cause of the defendants
on trial and II they were to bring In a
verdict OF conviction they would be dis
loyal to the American Federation of
Labor, which not only has approved
the strike OF coal miners in Mingo coun-
ty, but voted a resolution denouncing
the detective agency and the men be-
longing to il who were slain.
That the obligation taken BY MEM
bers of unions affiliated with the Amer
lean Federation OF Labor is also an in
duence which will prevent them from
rendering fair and impartial verdict
based on the evidence also will be the
States claim.
The jury as 1t is at present constituted
includes four talesmen who are identi-
fed with railroad union and are in the
employ of the Norfolk and Western Rail
road, which traverses Mingo county. At
one time men In the employ of this road
adopted resolutions supporting the min
ers In their strike and II Is asserted
went as far as to refuse to haul coal
which was mined by non-union men.
The court was in session an hour dur
ing the day. At convening this morn
ing 1t was found there were no jurors on
hand to be examined and an adjourn
ment was taken until this afternoon,
when dozen talesnen appeared. These
were examined by counsel and one Juror
was procured, raising the total in the
box to Il.
IT am In a position to know that an
attempt VIII be made to strike or all
OF the men on the tentatively selected
jury who belong 10 a union" w. II.
Houston, one OF the counsel for the
defence, stated tonight.
"The real motive behind this move Is
that the state does not want to try this
case. II is seeking delay and has since
this trial started. If unions are TO be
barred from serving on Il Jury In which
o iaborer Is on trial then the business
men who belong 10 chambers OF com
merce and other bodies are disbarred
because they have indorsed the open
shops. which conflict with the principle
of organized labor"
Counsel for the state neither would
affirm nor deny that they will attempt
70 strike off all union members on the
panel. James Damron, one of the coun-
sci for the defence. to-day denied In en-
phatic terms that he ever made a
speech in which ne stated that he was
offered $4,000 by the coal operators TO
serve their interests while he was still
on the bench. Tom Felts OF the Baldwin
Telts Detective Agency also denied tina {
he ever offered former Sheriff Blanken-
ship $4,000 as a bribe TO allow him to
use machine guns in the county.