Evening star., 1921-03-20
M|NGO JURY WILL
REPORT ON MONDAY
Panel at Miners Trial Delib-
crates Over Two Hours
Without Decision.
By the Associated Press.


WILLIAMSON, W. Va. March 19.-
After two hours and a half Of deltb-
GRAFTON the jury considering the evil
dence in the Matewan battle triai
reported tonight that 1t had reached
no decision. The report was given
to Judge r. D. Bailey at s:19 pm;
and he ordered court adjourned until
O'Clock Monday morning.
Ten months ago today the pistol
and gun fight between residents OF
the little mining town and a force of
Baldwin-Felts detectives, out OF
staged. Ten men were killed in the
battle and the sixteen men who
await the verdict of the jury tonight
were tried on indictments in connec-
ton with the death of one victim Of
the shooting. Albert c. Felts. leader
of the Baldwin party.
Trial Lasts Forty-Six Days.
The jury retired at sos pm. to con-
slider the evidence and as the twelve men
filed from the room. it was remarked
that ten months ago. to the day and
the hour. the battle was raging in
the streets of Matewan.
Examination of several hundred
talesmen. the calling of scores Of
witnesses. numerous poStponements
for sundry reasons and arguments OF
an array of counsel engaged by the
defense and the prosecution occupied
forty-six days. and when the final
address to tho jury was closed late
today it found those interested in the
case weary and worn party.
Today's session of the court was
marked by the presentation of the
two hnal arguments, one for the de-
fense and the other for the prosecu-
ton. J. J. Coniff. defending the
throughout the morning. after which
Attorney Sanders, states counsel,
made four-hour argument for the
prosecution.
Court adjourned at SEQ pm until
I pm. but when the night session
report. In the hope that a verdict
would he returned before the dawn
OF another day. Judge r. ID. Bailey
ordered that the court remain in ses
sion and await word from the jury
room.
Lawyer Scores Detectives.
The Industrial controversy in the
Mingo coal field was referred to by
Mr.. Coniff in his argument. He de-
clared that the coal operators did
not want the union. so the shrewd
detective agency struck at the vital
point in the miners lives by striking
at what they work and slave for
their homes" He said that a monu
ment should be placed to the memory
of Cabel Testerman.- who died a
martyr to his duty" Testerman.
mayor of Matewan. was mortally
wounded in the battle.
ut has been testified" the attorney
continued. that Felts went to Tes
terman before he left Matewan and
said Mayor. I hope there's no hard
feeling between u.s. And Judge San
ders, when you close this case. let
me remind you that when. just be-
fore Judas Iscariot betrayed his
c., 20 III ~ nj of ctI
affectionately kissed him, so did
Felts affectionately hug or shake
hands with Testerman.' At this
point one of the spectators in the
rear of the room said amen"
Mr.. coniff condemned the drag,
| into the case. Mrs. Hatfield. widow
of Mayor Testerman. married Sid
Hatfield. chief of police of Matewan
and defendant, shortly after the
battle occurred. Coniff ridiouled
testimony of c. f. Lively to the ef-
he, Sid. had killed Testerman.
Conspiracy Is Charged.
ITS ridiculous" he said, ito be-
lieve that Sid killed. Testerman be-
cause he married the mayors widow
two weeks after his death. Would
Sid have gone out alone and precipi-
tated a fight with thirteen men armed
TO the teeth merely 10 gain MS
priZe?'
Mr. Sanders, in closing for the
state. declared that the evjctions of
striking miners families from coal
company houses at Matewan by the
Baldwin men tie day of the fight was
not an issue in the case. He reviewed
testimony of several state witnesses
in an effort to show that a conspir-
acy existed to kill Felts and the de-
tectives.