The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-23
Called Miners Strikebreakers-
Battle Followed
Hardware Stores Raided on Re-
ceipt of Telegram.
MASSACRE BLAME is FIXED
Planned for Days, But Officers
Refused to Act.
Total of 214 Indictments Re-
turned by the Jury.

hetllOIlJ III. Sept Ao'-1ft d COIL
prehensive report the special grand
jury which investigated the Herrin
mine killings, arraigned Adjutant
General Black for failure to send
troops, Sheriff Melvin Thaxton and
local police for alleged failure to pro-
tect life and property. and returned
total of PA indictments.
The jury returned six more indict-
merits for murder. bringing the total to
Al, 58 for conspiracy to commit muir
der, 54 for assault to murder, and
previously had returned 58 for con-
Spiracy and rioting.
Discussing the Southern Illinois coal
company's action in re-opening the
strip mine while the strike was in ef-
feet. the report states that w. j.
Lester, owner. "either was woefully
! ignorant of the danger" or "blindly
determined to risk strife and conflict
| if profit could be made
The report was made to Circuit
Judge Hartwel1. Among those in the
| court room when it was presented,
were attorneys, newspaper men, Col.
Sam Hunter and Capt. Dan Dinneen of
the Illinois national guard represent
| ing Governor Len Small; Mayor Pace
of Herrin. sub district official of the
miners union; Fred Cooper of John
ston City. an investigator for the min
ers' union. who is under Indictment
on a charge of rioting, but who is at
=, liberty under $1,000 bail, and Deputy
J Sheriff Storne.
| Adjutant Genera Banned.
The report emphatically stated that
| there was no law which forbade the
adjutant general to call out troops un-
less request was made by the sheriff.
| This, it was pointed out, was the ex-
PLANTATION given by +Adjutant General
| Black for his failure to send troops to
| Herrin. Sheriff Melvin Thaxton is a
member of the miners union, and
| also is a candidate for county treas
urer, and he failed to take adequate
measures to preserve the peace, either
| because of his sympathy for the union
or thru fear that it would hurt his
candidacy, the report declared.
| The attack on the strip mine, which
resulted in the twenty-five deaths, had
| been planned several days, the report
| asserted and Sheriff Thaxton had
ample time to learn of the proposed
movements of the nonunfon men.
Ransa cking of hardware stores for
arms and ammunition just before the
| attack was the result of telegram
| from John L. Lewis, president of the
| U. M. w. A. to state senator William
| Sneed, declaring the nonunion men to
be strike breakers. the report said.
| Senator Sneed is a sub district
president of the miners union and the
| report stated the telegram was posted
at various places and that the miners
| rifled the stores with the assurance
that the U. NJ. W. A. would pay for
/ the articles they took.
Did Not Know of Danger.
| The strip miners We're ignorant of
| the fact that they were strike break
ers, the report emphasized, they did
not realize their danger until noon of
June 21, when the first attack was
made on the mine and which resulted
in the deaths of three union men.
The jurymen added that they were
sible for these Deaths as the miners
gave the jury no aid in this connec-
| ton.
Arraigning the Southern Illinois
coal company the report said the re-
! sentiment of the miners of the COM
| gravated by the presence of armed
guards, who closed the highways and
treated persons as tresspassers when
they passed over the roads they were
accustomed to travel.
The report declared the state ad-
ministration undoubtedly realized
the acute situation by sending to Will
hanson county, Colonel Hunter of the
adjutant generals staff" and pointed
out that Colonel Hunter made several
requests that troops be sent to pro-
tect property and preserve peace
Among those indicted were Hugh
| Willis, district board member of the
Illinois mine workers, and Will Davis
secretary of sub-district No. 10 of tht
miners union. Willis is charged with
murder and assault to commit murder
and Davis is charged with murder
The grand jury following reading
of the report recessed until Octobe,
%. The report was read by T. P
Russell grand jury clerk, and all the
jurymen were present.