Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-05-03
COAL MEN SEEK
TO QUASH THE
INDICTMENTS
Arrangement Day in Federal
Court Finds Defendants
Ready to Fight.
FEW ARE NONREsIDENTS

AS was expected, counsel for thirty In
diana coal operators, fourteen miners and
officials Of the United Mine Workers
three retailers and a large number OF
companies filed motions attacking the
sufficiency Of the indictment when the
cases were called in Federal Court to-
day before Judge Ferdinand A. Geiger.
In February the Federal grand jury
returned indictments against 226 coal
operators, miners. retailers and coEpa-
nies charging violation of the Sherman
anti-tr law and Judge Anderson set
today as arraignment day. However.
practically all defendants living outside
Indiana are resisting removal to Indi-
ana for trial, and with the exception OF
Philip Murray Of Pittsburgh, Pa, vice
president of the United Mine Workers,
all defendants to appear in court today
are residents OF this State.
MINERS COUNSEL
OUTLINES PROCEDURE.
W. A Glasgow OF Philadelphia. who
has succeeded Charles Evans Hughes as
chief counsel for the miners. filed mo-
ton TO quash the indictments against
his clients and asked leave to file
brief before the case is set down for
oral argument He also announced that
he is prepared TO file a demurrer and
pleas to bar when the proper time comes.
The request was agreed to by L. Ert
Slack. special assistant to the attorney
general, and was granted by Judge Gel
ger, subject to the approval OF Judge
Anderson or the judge who eventually
handles the case.
Similar motions were fled for the op-
orators by Frank Daley Of the firm OF
Miller. Daley & Thompson. and Charles
W Of ha M X
ing.
Mr.. DALEY also entered special appear
snces and filed pleas in abatement for
Morton L. Gould and Bernard R. Batty,
and a motion to quash the service IN
the case Of the Indiana and Illinois Coal
Company.
Clarence Nichols filed demurrers for
William Morris and Charles W. Grant
Logansport retailers, and Roy A. Yea3-
ley, secretary Of the Indiana Retail Coal
Merchants Association.
Albert Fink of Chicago filed motion
to quash the service against a number
OF companies.
CONTENTION
OF MOTIONS.
II is contended in the motions to
0uash that the Sherman antitrust law
under which these indictments were
brought was suspended by the passage OF
Z
there was any violation Of any law 1t was
Of the Lever and not the sherman act.
After receiving the motions Judge
Gaiger adjourned court until 2 o'clock
TO give Mr. Slack an opportunity %
check m the list Of defendants repre-
sented by counsel, and the court indi-
Gated that II all defendants affected are
represented that no further action VIII
be taken at this time.
II Is not believed that there will be
anv stems in the case beyond those taken
today until after the return OF Judge
Anderson to the bench.
DEFENDANTS
The following defendants appeared in
court today:
Indiana operators, retailers and officers
of coal associations.
George A. Van Dyke, Indianapolis; HUI
bert NJ Ferguson, Clinton; John Chester
field, Brazil; William J. Freeman, Terre
Haufe: Morton L. Gould, Indianapolis
Jacob o. Kolsem, Terre Haute; Edwin
| G. Logsdon, Indianapolis; Phil H.
Penna, Terre Hsnte; Hugh Shirkie, Terre
Haute; George r. Richards, Terre Hautei
Homer B. Tally, Terre Haute; David
Ingle. Oakland City; William II. Tobin,
indianapolis; William NJ. Zeller, Brazil +;
Edward Shirkie, Terre Hautei ROBERT d.
Smith, Terre Haute; Archibald D. Spears,
Terre Haute; Banus e. Neal, Indiana
polls; Valentine Martin, Bicknell; Alfred
NJ Ogle, Terre Haute; Jabez Wooley,
Evansville; William B. Zimmerman, Terre
Haute; Walter w Tally, Terre Haute
Warren F. Smith, Terre Haute; Millard
E Mogg, Indianapolis; Jonas Waffle,
Terre Haute; Carl J. Flethcer, Indiana
polls; Harry W. Little, Evansville; Henry
P. Smith, Terre Haute; Bernard r. Batty,
indianapolis.
Miners and union officials: John L.
Lewis, president United Mine Workers,
Indianapolis; Philip Murray, vice-presi-
dent, Pittsburgh William Green, secre-
tary, Indianapolis; Percy Tetlow, Indi-
annapolis; Edward Stewart, Terre Haute ;
William Raney. Terre Haute: Ed Haver-
kamp, Terre Haute; William Mitch, Terre
Haute; John Hessler, Terre Haute; James
a. Mckinney, Terre Haute; Harry Sutch,
Shelburn: Charles Fettinger, Terre
Haute; Harry Lentz, Evansville; Ulysses
G. Hall. Terre Haute.
RataflarS. William Norris