Evening star., 1922-12-08
NO Jury IN FIVE
WEEKSAT HERR|N
Mine Massacre Trial Moves
Slowly Six Months After
Tragedy.

MARION. Ill. December S.For
nearly five weeks efforts have been
In progress to secure the jury to try
the first five OF those accused of mur-
der as a result Of the Herrin mas
sacre.
Today eight men are permanent fix
lures in the jury box on the right OF
Circuit Judge d. T. Hartwell. Others
who will take their places there are
subject to searching inquiry regard
ing their knowledge and opinions Of
are under murder indictment and
three times that number charged with
felonies of lesser degree.
1t was on June % last. nearly
full six months ago, that mob swept
through the fields and up the slope or
the drift mine at Herrin. where nom
union workers were breaking the
strike that had lasted since April.
Following the initial exchange OF
shots the workers surrendered, oniy
to have seventeen of their number
slain outright. while several Others
were so badly hurt they later died
of their injuries.
Today there is constantly grow
ing opinion that the chances of any
one ever being hanged for the crime
is distinctly remote. Already there
have been more than 200 talismen ex-
;tmined by the attorneys. The ma
jority very frankly have disqualified
themselves by insisting that they
have formed opinions that it would
require a vast amount OF evidence
to remove.
Impressions Hard to Avoid.
Recollections OF the coal strike.
commencing on April ]. the idleness
and discontent. the suffering Of the
miners and their families. the effort
of the owners to break the strike
with imported non-union workers.
the attack on the mine and the sur
render, then, the eliminating horror
of all-the murders. all present p
| memory indellibly impressed, which
impclS an opinion a talisman who
knew the facts could not conscienti-
ously carry into the jury box.
The special grand jury which in
vcstigated the case returned up
wards of 200 indictments. OF which
fnrty-eisht were for murder. These
followed the early action OF the
coronor's jury which had decreed that
the owners of the mine were the
only persons responsible. because
they had imported non-union labor
to break the strike. OF those indicted
all but eight were admitted to bail
in sums ranging from $1,000 to
$4,000.
When the court agreed that bail
would be acceptable. even on the
murder charges. tire majority of the
Herrin business men united to qualify
for rhe necessary bonds. The court
was asked to order an immediate
trial but the date finally fixed was
the day after election.
Most All Express Prejudice.
Day after day since November s
the grind to qualify twelve men has
the proceedings are simple. The
talisman Is sworn. the attorney states
the nature of the trial. and the pros
pective juror is asked whether he
has any opinion which would prevent
him serving. Almost invariably he
has. Those who say they have not
seemingly become objects of suspicion
to both sides. They are subjected to
searching inquiry. In the majority
Of instances they soon indicate by
the character of their answers why
they would like to serve and chai-
ienses for cause are upheld by the
sitting judge.
Tho eight men chosen TO date are
Oscar Swanner. fifty, farmer, opposed
10 the death penalty unless the evil
Weaver, ffty-six. farmer vino knows
nothing of mining; Henry Riddle.
farmer and former union miner. who
says his old Affiliations would not
influence his verdict; William David
son. fifty-six, farmer all his life; Sam
Watkins. farmer and former coal
miner. having been both union and
non-union. but convinced unionism is
not on trial here: Hiram Mcmillan.
forty-eiSht. farmer. we'll acquainted
with Otis Clark. the first man In
dicted for murder, and who told the
defense attorneys he thought scab
! had right to live; George Craig.
farmer and justice of the peace. who
had one relative killed by violence
and another tried for murder. but
who was sure he could reach an i'm
partial verdict: George Cox, union
and who was certain his verdict
would not be affected by his union
affiliations.
EX-Sherin Made Treasurer.
Whether it is reflection Of the
sentiment in Williamson county or
not it is a fact that at the election
,, on November Melvin Thaxton, who
as sheriff, was accused of gross negli-
gence in not trying to prevent the
massacre. was elected county treas
urer by the largest plurality any
candidate ever received in the county
His deputy. S. E. Storme. was elected
county clerk by the second highest
plurality. while George Calligan. a
miner. was chosen sheriff. This in
the face of promises by their op-
ponents that if elected they would
see that every indicted man was
Convicted
The union is backing the accused
4 defense fund has been raised and
the families Of the accused are being
cared for while strike dement's are
being paid to the mon in Jail. It is
undeniable that the weight Of public
sentiment in Williamson county IA
vors the accused. Criticism of the
mob action frankly is not wise and
citizens who might feel disposed to
do so very frankly admit they are
afraid to.
Because of the difficulty in securing
the Jury interest has died down.
Crowded courtrooms have given way
to an audience limited to the Judge.