New-York tribune., 1922-12-23
'Herrin Defense
Opens; viii Call
400 Witnesses
Month May Be Required TO
Introduce Testimony In.
tended to Show Imported
Cunmen Provoked Riots
Way Paved for Appeal
Court Denies 10 Motions
AssaiIing the States Evi-
dence as Not Responsive
- n..nnaaA tn ID. 49,

E|||N.| NNAHNH
MARION, Ill, Dee. 22.-first Wit
nssses for the defense were called In
Williamson County Circuit Court to-
day IN The murder thsl growing out
Of the Herrin mine massacre last June.
Residents OF Herrin and vicinity tes-
tined concerning clashes with armed
euards brought into Wiliismson
County by the Lester Strip Nine Com
psny, laying the basiS for the defsnst
contention that the massacre OF
twenty non-union men was q popular
uprising against invasion.
"Unele Tink" DonAhue. ssveuty-eight
years old, sscribed the beginning OF
tho trouble to the tearing up Of a
public road near the mine BY "tho
company" walter Faroy, highway
commissioner Of West Marion Town
ship, testified the rOad was q public
highway.
John T. Conboy. ,r.. q farmer who
lives near the Lester mine, tolo OF tne
arrival Of the guards. He said he hso
hsen Stopped by these guards when he
attempted to take his cows In from
pssture and subjected % abuse at tno
nolnt Of A pistol on public road. he
ssjd the guards had nearly run over
bis ean Ia a motor truck aid hao
vailed s'WeTl Rhow 'em how 20 run
iris countyl" John Ccnroy sf7 WHO
eorroboYated his sons testimony, SAID
he had been promised $40 Z dav as
defense witness.
FdwSrd Crenshsw, a fArmer.union
miner, told Of seeing JArdy henderson,
an unarmed union man, shot when tho
sklrmish OF the mine began
10 Defense Motions Denied
JudVs Hartwell denied nineteen mo-
.iore 81 the defense to strike from the
yesords testimony Of twenty-four OF
IRE tbjrty.seven witnesses for the
state. The action was 6 fomslity 20
nrepare the record OF the defense tor
Az appeal in the event Of conviction,
The defense based itg motion largely
a, the contention that evidence Was
not responsive 70 the charges IN the
indictments and the men concerned
The ruling lets In all the evidence con-
cerninK the connection Of OTIS ClarE
WITH TIE killing Of the mine superin.
tendept. c. X. Dowell. Clark has not
been identified as 70 direct connection
with the killing Of Howard Hoffman.
The evidence Of William Cairns that
Peter Killer shot and wounded a man
at the powerhouse woods was assailea
particularly, but the judge expressed
the opinion that the evidence was ad-
missible ss showing conspiracy
Judge Hartwell declared the sdmls.
sion Of evidence Of the procuring OF
ammunition was proper az eorrooorst-
ing testimony that .s-hundreds and hun
dreds Of shots had been fred
"Also, this testimony goes 70 cor
roborate testimony that there were
/ hundreds Of strangers from Indiana
Kentucky and other Illinois counties
present" ho said.
Defense to Call 400
Angus ". Kerr, defense chief eoun-
sci, made public an estimate that 1t
would take approximately four weeks
! for the defense 10 present its testi-
mony and that between 300 and 400
witnesses would be called. Mr.. Kerr
made a statement for publication, saying
the defense was to be developed along
two principal lines. They are:
/. That the Eve defendants were
selected with malicious and reckless
carelessnASs by the state" and we're in
mo possible way involved in any man
nsr In the disorders"
2. That imported gunner INDUCED
In "long list Of willfully vicious and
I criminal acts" and thus deliberately
l provoked the disorders. This is the
theory Of "justifable homicide By prov.
oeation" that has aroused much inter
est in the defense's stand.
Ia addition, the defense promises 10
impeaeh tho testimony Of the four most
important witnesses introduced BY the
! eaF