Every evening, Wilmington daily commercial., 1921-02-11
STATE FREES TWO
IN MATEWAN CASE
important Witnesses Missing,
and Number of Defendants
is Reduced to 1o.

Williamson, w. Va. Feb. 11.--After
moro than two weeks of preliminaries
the Matewan battle trials got under
way here this afternoon when the first
witness was told TO prepare to take the
stand.
Only 10 defendants were present. as
two had been eliminated by the State
at the morning session.
The smiling Indifference with which
the defendants have followed tho pro-
coedings of the drcary days when a
Jury was being selected gave way this
afternoon 10 an unmistakable earnest
ness. A deputy sheriff had been or
dered by Judge Bailey to see that none
of them left tho court room. and when
he stationed himself between them and
tho door tho anxiety of some was
clearly evident.
williamson. w. Va. Feb. 11.--Judge
II. ID. Bailey in Circuit Court today lost
no time in getting down to the business
Of preparing for testimony in the Mate
wan battle trials.
BcnCh warrants issued last night for
witnesses. were returned this morning
and tho roll cali developed that many
who were missing yesterday had obcyed
the mandate of the court.
The Reverend Hugh Combs one Of
the principal witnesses for the defense.
who was reported last night as being
very seriously III az his home in Mate
wan with smallpox. sent word that he
| was much better and a court officer
| ported that he would probably be able
to leave his home within a few days.
| In tho event that Mr. Combs is unable
TO carry out his program council for
| the defense will take his deposition and
! present IL as evidence Mr. Combs is
understood 20 have witnessed the Mate
| wan battle.
The state sought to throw out the
| indictments against two Of the g de
| PENDANTS. n II Atwood and n n Page,
but counsel for the defense said these
mon desired to go to trial with the
| others and the defense would oppose
/ any such move Counsel Tor the state
/ stood on its right to withdraw an in
! dictmont whenever il saw flt and WA
! answered by the defense with tho state
mont that tho trial had progressed SO
| far that il would he an injustice to tho
/ defendants 10 permit any such action
They arc entitled 10 the verdict of
/ jury said ATTORNEY Cent? and they
ought To have it,
Attorney Jahn S Mareum for the
/ State explained his position by saying
! that two very important witnesses
upon whose testimony the state dc
| pended seemed to have disappeared and
4 could not now hc found
II am not going to take a.chance on
I having this case continued said Judge
Railey as he wound up tho argument
Tho motion Of the State Will stand.
/ Immediately Atwood and Page arose
from thew seats among the defendants
and became nothing more than inter
estod spectators. This left the number
| Of defendants at nineteen
I The jury Was then sworn.
Tho state showed uo disposition 70
call the fret witness Somc confusion
/ apparcutIy existed rs to the correct
I list of defendants. 50 the list WIS
checked time or two and as an added
| precaution the Jury was sworn the
second time.
Counsel FOR the state asked that tho
| necessary precautions he taken 70 pre-
vent any II the defendants leaving the
court room. Iudec BAILEY complied and
/ ordered deputy sheriff 10 see that the
defendants kept their places
Counsel for the defense moved that
the Jury be taken IL Natevan. 70 see
i
been fought ATTORNEY Ccnif said that
reh,f maps and photographs V're most
unsatisfactory in case e> important
as mis-. HI waS met with spirited
rcpl1 by thc prosecution aud for the
FIRST time siurc me trla! started. cae p
side manifested hru determination r.
carry its point
When the argument was ~ Us height
Judge Baily interrupted 70 remars that
IL. had never known rs 5arY bsing
taken 10 the scene of crime until
after the evidence had been presented
in court Thc defense contsuded that Il
view of the village street would TX
the topography II The minds Of the
Jurors and would prevent much con
fusion. hut the State, while conceding
that the Jury might see the street
after evidence had been presented.
was firm in its contention that the
jury should first have heard az the
testimony.
Judge Bany finally overTuled the mo-
ton and ordered a recess untl ] o'clock
when il was predicted once more the
first witness would he called.
FINED FOR BEING DRUNK.