The Birmingham age-herald., 1921-02-11
AUSTIN INJUNCTION
 HEARING IS ID BE
 CONTINUED TODAY
Harrison Testifies Yesterday That Law Enforcement Off, fiCers Continually Dog His
 StepS-Corroborated

Hearing of arguments in the petition for an injunction filed by w. l.. Harrison, official of the United Mine Workers of America, to restrain Conrad w. Austin and his deputies from alleged violations of his rights as a citizen, will be con- cluded this morning before Judge Hugh A. Locke in the chancery division of the cir cult court.
 Practically the entire morning yester- day was taken up with arguments of counsel after which the case was passed until this morning. Hugo l.. Black, representing the complainant, made the initial argument and was followed by A. Leo Oberdorfer for the defense. c. P. Beddow, for the defendants, will open this morning and the closing argument will be made by Mir. Black.
 According to the petition for the in- junction, Harrison alleged that the dep uties of the state law enforcement of ficers violate his rights by picketing his place of business, following him every where he goes and eavesdropping his COuNtTSdllOH WlLn IrlenuS.
 AFFIDAVIT READ
 In this case no oral testimony is be- ing taken, submission to be on the plead ings and a number of affidavits by both sides and on the argument of counsel
 In an affidavit of MT. Harrison which was read yesterday morning he testified that he was an official of the United Mine Workers of America, which main tained headquarters in the Farley build s,,r uv.a Ixto, olrtt newspaper, had any connection with the organization or himself was denied. If. declared he had never been arrested nor had he ever encouraged lawlessness at any time, or specifically at a mass meet ing held at the Jefferson theatre on January 9. He stated he had not heard any statement there that William Baird had killed "a yellow dog" referring to the shooting of James Morris, member of the Alabama National Guard. MT. Harrison denied hearing any such state- ment that Austin's men ought to be hung. or similar statements on that oc- casicn, but declared that he had at all times cautioned the miners to observe law and order regardless of everything. From toned themselves in front of the Far ley building, according to his testimony, and he had frequently seen pistols buckled around them and that they fol- lowed him wherever he went.
 Responsibility for the alleged crimes mentioned in Mir. Austin's answer as having been committed by striking min- CTS was flatly denied by Mir Harrison. He stated that on one occasion MT. Aus tin had refused to assist in hunting for the assassin of a union miner who was killed near Roebuck Springs because he did not have time to hunt this murder unless Governor Kilby directly ordered 1,s IIor lNo v,< trace of the murderer had ever been found, although from 10 to 15 of Aus tins men were lettering around the Farley building. He denied making any incendiary speeches at a meeting De- cember 10.
 In an affidavit presented by Phil Painter, publisher of "The Advance he eral weeks ago by Knox and Moates, two of the defendants, on the streets oi Birmingham.
 TRUS STATEMENT
 An affidavit from J. D. Truss, formerly a city commissioner of the city of Bir- mingham. was introduced. MT. Truss stated that he had attended the mass meeting on January 9 at the Jefferson theatre and had heard the speech of MT. Harrison. He declared the speaker had not said anything about killing vel low dog nor anything similar to that, and no speeches like that were made by anyone there. The speech of the conn plainant on that occasion was very con sefvative, in the opinion of MT. Truss, and he did not at any time intimate that it would not be right to observe the law, but several times cautioned those pres ent to observe the law. However, ac- cording to the witness, Harrison did say that the striking miners had been denied the constitutional right of free speech and free assembly,.
 In an affidavit of Robert Gilmour, g member of the United Mine Workers o America, he stated that he had on sev eral occasions seen members of thu state law enforcement officers standinl in front of the Farley building with pis tols buckled around them. He testified that he had seen them follow Mr. Harri son and never at any time were the, more than 10 feet away from him, whil' often they were close beside him ant could hear every word he said. He hat seen them in front of the building witt kodaks on several occasions, according to the witness, he did not know if the, ever took any pictures. He stated tha on one occasion he had heard w. H Knox use abusive language when MT Harrison came out of the building, go into an automobile and drove off.
 It Is expected that the entire day VII be consumed with the other argument Yin this case, after which Judge Lock- will rule on the matter. Indications art that the case will be appealed to the su preme court by the losing side
 Fugitive Arrested
 Huntsville, February 10.-(Special.) j. Dock Herring, wanted in Huntsville fol