The Washington times., 1921-02-05

been drawn so far-all whites.
On this, the tenth. day OF the trial,
there are. eighteen tentative Jurors in
the box. The shaking down" process
goes on from day TO day. There Is
little prospect OF the tentative total
of twenty beins reached. The list OF
eligible white men in-Mingo county
is almost exhausted. sy.as,
But there are several hundred me-
groes in this county.
There is negro-R. II. Page
among the twenty-one men from
Matewan charged with the murder OF
Albert c. Felts, the case now on trial.
The United States Supreme Court
has ruled that no man can be ex-
cluded from jury duty on account Of
color
Not only that, but no man MUST
be excluded for such reason.
1t is an open secret that jury COM
missioners in this county do exclude
negroes from jury duty" especially in
cases such as the present one.
There has been a tactit acquiescence
in this case on the part of the prose-
cution and defense. The matter has
been ignored. But with every day
dipping the hopes for a full panel of
white men, the question OF drawing
negroes has suddenly become upper
most Those who see in IL the only
way of the present almost farcical i'm
paneling process, hesitate to broach
the question because of sensational
reasons sure to follow even the sug-
gestion. But they feel the time has
come when there has got to be a
show down on the issue.
STORM OF PROTEST SEEN.
No one doubts that a storm OF pro-
test would sweep Mingo county II
there were a possibility of any col
ored man actually ting on the jury
the point of twelve white men try
ing one. negro is a separate subject;
but 1t is pointed out that If a linn
tied number of negroes were tenta-
lively accepted and the total of TWEEN
ty had been finally reached, these col
ored men would doubtless go in the
challenging process.
The State will challenge two, the
defense six. But the main problem Is
to get twenty qualified men into the
jury box, to make possible the reduc-
tion to a dozen.
Ex-Judge James Dameron, counsel
for the State, yesterday grilled a
venireman, who is a member of the
Railroad Shopmen's Union, on the
question whether his union member
ship as such, separate and indepen-
dent from the miners strike, would
influence him as a juror in deciding
the fate of the twenty-one defendants,
many of whom are union miners.
The venire man, Vernon Grace, a ma
chinist, admitted that as a union man
he could not do so.
LABOR ISSUE INJECTED.
A.
bore out reports that the Matewan
murder cases are about to assume an
aspect of nationwide Importance and
promise to broaden into a tremendous
legal fight, involving all organized
labor in America.
BY his line of questioning, Judge
Damron injected into the jury i'm
panelling a new question, namely:
Can a member of any union af-
filiated with the American Fedora
ton of Labor serve on the jury in
any of the Matewan murder cases?'
The state plainly showed that It
contends that the very membership p
in any American Federation of Labor
Union is sufficient to disqualify a
man as a Juror in these cases.
Damron tried TO show that the
constitution of every such union
makes IL the ironclad duty OF every
member to stand by the side OF union
men everywhere and in all circum-
stances.
The venireman in question after
testifylng he was member of the
Norfolk and Western Railroad Union,
affiliated with the american Fedora
tion of Labor, was questioned with
regard TO certain resolution the
union is said to have passed i'm
sympathy with the Mlngo mine
strikers. .... ... .