The Birmingham age-herald., 1921-04-05
INVESTIGATION OF
 B|V|NS DEATH ID
 START TOMORROW
Accused Men Are Not Allowed to Communicate With Any one-Sheriff's Force Is
 Collecting Evidence

Formal investigation into the death of John Bivins, union miner, who lived near Labuce, who was shot and in- stantly killed Saturday night, it is all legged, by W. T. Milligan, ". B. Ne yell and Dan Lattimer, will be started tomorrow morning at 10 o'clock by Coroner J. D. Russum.
 According to officials, there is only one eyewitness and he is expected to give some sensational evidence at the hearing.
 In the meantime the three white men, all union miners, are being held in the county jail in separate cells and are not allowed to see anyone. The sheriffs force is sarching for evidence,
 Information received at the sheriff's g office points to the fact that the shooting was the climax of a meeting Saturday afternoon of union men near Maxine, where Lattimer and Newell, local presidents, made speeches. Ae- cording to the officers, Van A. Bittner was scheduled to make a speech on that occasion, but failed to put in an appearance, and the two local presi- dents talked to the crowd. Officers state that Lattimer in his speech said, T am So mad 1 can't talk; what want to do is fight"
 Wick Ware, the only eye witness was with Bivens, when he was killed and was fired at twice by the men, he told Deputy Sheriff William Alexander. According to his story, he and Bivens were on their way home after doing some trading in the stores at Quin town when they met three men in a wagon. As they came abreast with the wagon, one of the men stopped Bivens, who had sack of flour on his shoulder and some other provisions in his hand, and all three men got out of the wagon.
 Aren't you ashamed to be working this way%' one of them asked Bivens "You are hurting us and are only cut ting your own throat.
 Bivens is said to have replied to this: well, I've been hurt few times myself This strike is over and I've got right to work"
 Ware stated that without any other preliminaries one man opened fire with revolver and the other two men also drew pistols and began firing. At this point Ware said he and Bivens, neither of whom were armed, started running, Bivens towards the trestle and Ware in the direction from which they had come.
 Turning his head as he ran, Ware stated he saw Bivens fall and the men turned and fired two shots at him as he dived among some trees.
 When he visited the scene a few hours after the shooting, Deputy Alexander stated he found five empty ,3S caIibre shells and one that had not been exploded.
 Cases of these men will be placed before the Jefferson county grand jury, which meets next week, accord ing to officials, and all efforts will be made to have a speedy trial. The next week which will be devoted to the hearing of capital cases, will be April 25 but it is not known whether the necessary arrangements can be made by that time.
 In making the investigation, off eers state that many union men are condemning this practice and many are threatening to turn in their cards.
 This is the third killing since the strike was settled, it is stated, and Solicitor Joseph R. Tate stated in his opinion the killing was nothing more or less that cold -blooded murder.