The Topeka state journal., 1922-12-18
Jury Is Hearing the Story OF
Herrin's Massacre.
Death of First Victim Is De-
scribed by Witness.
SURVIVOR WILL TAKE STAND
With Five Other Victims He
Was Left Behind as Dead.
State Promises to ''Dig in" With
Testimony This Week.

Marion, Ill, Dec. 1S.--Vivid depic-
ton of the scene in the panorama 60
bloody williamson" blackest story
brought the jury on the edge of thetP
chairs, and the spectators to tense att
tention today.
The second week in the trial of five
of the ~ men indicted for rioting ana
the murder of a score of men at the
Lester strip mine on June %, opened
with evidence concerning the killing
of the one-legged superintendent Of
the mine. c. X. Mcdowell, first VIC
tim of the mob, that stormed the
great gap in the earth and took the
strikebreakers about to depart under
a flag of truce into the woods to shoot
them down.
Dowells death We're told by George
Nelson and his wife, who have a farm
at Crenshaw crossing, a hamlet OF per-
haps twelve houses, and mile west
of the big cut of the Lester mine.
Mcdowell well known to the miners
as a professional strikebreaker, was
the special target of thier resentment
They handled him roughly, accord -ng
to witnesses, even tho he was crippled.
1t had already been shown in the
trial that he was hobbling along on
his wooden leg as best he could with
tho other non-union miners being
hustled by the mob to CFenshaw cross
ling. Here Mcdowell exhausted,
stopped He is reported to have said;
xii Me Now" He Said.
IF you are going to kill me, do It
now. I can't go any farther"
McDoweI's face was covered with
| blood as he reached Nelson's place,
according to Mrs. Nelson, who took
the stand first.
She declared Mrs. Otis Clark. wife
of one of the defendants, was present
| in the mob and said:
They've got old Peg Leg.
One man punched Mcdowell in the
back with big gun, Mrs. Nelson tes-
tilted. and later two men took him
away into the woods.
After 1 went into the house, I
heard five or six gunshots." she said
No witness has yet testified to seeing
a non-union miner actually killed.
Mrs. Nelson failed to identify any
of the five defendants as being mem
bers of the mob.
/ George Nelson. who followed his
wife on the stand, said twenty or
twenty-five persons in the mob had
They're coming with the scabs.''
lone man said. according to Nelson, and
later man in the mob said:
There's no use to go any further
with them"
The two men, both carrying re-
volvers. who led Mcdowell away into
/ the woods, Nelson said, were Oscar
Howard and Otis Clark. Nelson point
ed Clark out as one of the five de-
PENDANTS and said he had known him
for many years
w. ]. O'Rourke will come back as X
from the grave to confront the men
who left him for dead, bullet-riddIed
and with his throat slashed, in the
road near the Herrin cemetery the
morning of June p. O'Rourke is gem
orally believed to be dead by the
miners of Williamson county. 1t was
brought out in the testimony last week
by one of the witnesses that he left
the Herrin hospital some time after
the rioting
Nothing more had been heard or
him here. He is in Marion today under
guard of a group of government men
TENT to the state and is being kept out
of sight. His throat shows the scars
Of the knife wound which the state
declares Peter Hitler inflicted.
To Stand This Week.
He will be called to the stand early
in the week, according to present
plans, and asked to identify his as
sailants If they are in the court. He
has seen none of them since he was
left half dead and crazed from pain
of his wounds in the broiling heat or
June % on the cement road near the
cemetery bound by rope to five other
victims. He was the only survivor Of
the six. He will be the only one Of
those who escaped to come here to
testify Others, whose statements the
state has taken, If they come, will be
4 surprise witnesses.
States Attorney Delos Duty and As
sistant States Attorney 9. W. Middle
. kauf, before the opening of court to-
! day, said that the testimony during
the next few weeks would bring the
shooting more closely home to the
men under Indictment Up to date
! they have been identified so far az
. four of them are concerned as being
in the murder mob with guns iH their
, hands, but 10 testimony has been
; given as actually firing the shots az