The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-05-04

Frs
OBEY Orders [; p!
FRO | PRESIDENT e 81 En-
ceB.tnues Z. frosn =. ~ one,
teria1. that It related to 4 incident:
OF the march. "a
NJ r.T townsend q IN making the
motion, explained that the purpose
of Blizzard IS attorneys was prin.
ctpally to get 1t into the record OF
the case. The cross-examinatior
of William Bruce, who testified as
to his part in the march, was
about to begin when Mr.. Town
send m owed to strike out the ties
timony of this witness and Of all
previous with esses as immaterial
In the five days since taking OF
testimony began, nearly forty
witnesses have been heard, most
ofthem telling Of their exeprien-
ces in the march or things observ-
ed in various parts of the area
affected by it.
Cross examination of Bruce was
devoted principally to attempts to
fix dates and times concerned in
his direct examination yesterday.
Men Assembled.
Sheriff Henry A. Walker of
Kanawha County told of an as
sembling of men on Lens Creek
where the state alleges the march
against Logan started. Going to
Lens Creek when he heard reports
OF the assemblage.& he said he talk
ed with some OF the 500 or more
men, advising them to lay down
their arms, but that none needed
his request.
The sheriff was halted by guard
below the camp, and when he told
who he was and asked why he was
stopped. the guards said they did
not want any one to go up the
creek, who might have moonshine
whiskey. Sheriff Walker said he
visited the Marmet camp from one
m en- were there and he talked with
the men individually but did moth
ing to dispense the gathering. A
report by Sheriff Walker, Prose
cutting Attorney Frank C. Burdette
and Judge Henry K. Black of the
intermediate court made to Gov
ernor Morgan was offered as evil
dence after the sheriff had told
the governor he was unable to
cope with the situation.
Evidence Not Admitted.
Judge Woods refused to admit
it, however. Harold w. Houston,
chief counsel for the United Mine
Workers in the state, objected to
its introduction as evidence be-
cause the paper produced was not
certified copy and because the re-
port obviously contained mater
tion obtained by the sheriff. Judge
Woods told the attorneys he
would admit the original or a
properly certified copy if one were
presented, making it clear that he
the objection on the first
ground.
why didn't you arrest any Of
these men Sheriff Walker was
asked while telling OF the Lens
Creek gathering. .
~ well Mr.. Belcher, he said adj
dressing his answer to the lawyer
who was examining for the state,
t"sif had arrested them didn't feel
I was sufficiently equipped to take
them OUT" @#
Meeting Not Disorderly
In his testimony the sheriff told
OF passing mass meeting held
August Z on the capitol grounds In
Charleston, at which resolutions OF
protest were adopted, according to
evidence introduced last week
when Governor Morgan testified ).
Mr.. Townsend. cross-examining
brought out that the meeting did
not impress the sheriff as d1sor-
derly or unlawful.
He also asked whether the men
were uniformed. whether there
was any drilling or whether any
were treated as superior Officers
after the fashion of an army, and
Sheriff Walker beside answering
in the negative said he never was
able to learn who was the leader.
Major Testifles.
Major Charles F. THOMPSON. o..
S. A., who as assistant chief Of
staff for the Fifth Corps area lnyes
tigated conditions at the time the
march started. was the next wit.
ness. He started to relate the dis.
cussions at an early morning coE-
ference between Grigadier Genera
Bandholtz and President Frank
Ileeney and other officers Of the
union. He was stopped by
the defense objections that we're
sustained and then testified that
after Keeney had gone to Danv1lle
and stopped the march. he made
investigations which satisfied him
that the men had returned home.
Major Thompson returned to his
station but was recalled to West
August 80, $and went to
jeffrey. From there, on the 3lst.
he was taken up Hewitt's Creek BY
and read to the men ne
found there> presidential procla-
nation calling on them to dispense.
REAL ESTATE TRANSFERS
y The following deeds have Just
been. filed for record at the Office
- Al -l-aa1ntY cl rk - -.-.-