Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-12-14
TESTIMONY IS
TAKEN IN MINE
MASSACRE CASE
(Continued from Page ~

murder in connection with Herrin
riot. ss@ i.
Farmers and minors crowded the
court room of the Williamson county
court house. overlooked into the aisles
as Delos Duty, states attorney. made
the opening address for the prOsecu-
tion.
AT the counsel table sat Edward j.
Glenn, assistant attorney general Ray
Henson, George Carter and G.. w.
Middlekauff who represents the state;
while the defendants were represented
by a. w. Kerr. chief counsel: Rufus
Neefey, G. L. White. H. T. Cook, w.
p. Seeber, a. c. Lewis and George r.
Stone. 5f.l'.
Among the spectators were Frank
harrington, head of the Illinois Mine
! Workers and Oral Garrison, secretary
ito John l.. Lewis, president of the In
ternational Mine Workers.
The jury. ~ rugged Workingmen in
, blue and khaki shirts. IL of them far
mers, and one a union miner, faced
the defendants. OF the group of far
mers on the jury, two are former min
ers.
State Outlines Testimonies.
In stolid silence the crowd heard
Mr.. Duty repeat the history of the
fatal Herrin riots and outline the tes-
timony upon which the state depends
to convict the five defendants.
Declaring that the only question
before the jury was one of the MUIR
der and that there was no issue in the
case between the capital and labor,
Mr.. Duty told of the effort to operate
the mine of the Southern Illinois Coal
company with non-union men declar-
ing that these workers had been at
tackled by a mob of between eight
hundred and 1000 strike sympathiz-
ers.% ; AK.
.,, Says Truce Was Broken.
Mr.. Duty said that. the state would
prove that during the night preced-
ing the killings. an agreement u
been made whereby those in the mine
were to lay down their arms and leave
the mine and that also a maj named
Hunter, who was presumed to repre-
sent Governor Len Small, made ar
rangements for the men to put up the
white flag and cave under promise
of. safe conduct out Of the county"
The killings, he said, of the twenty
'~non-union miners followed.
Defense Claims.
Mr.. Kerr, chief counsel of the Illi-
nois mine workers. declared in his
statement that :he defense would
show that the killing of the non
union men was the result Of an in
vasion by armed guards and that
Williamson county rose in defense Of
its homes adding that "by this act
of self defense it served notice on
American gunner ana upon those
who employed them that this was not
la safe community to which to send
hired murderers."
He declared hat the prosecuting
authorities Of Illinois were being in
fiuenced by "a private organization
composed Of men Of great wealth, the
Illinois Chamber Of Commerce."
Declaring that the state has been
"wickedly careless in selecting the
five defendants in tins present trial.
Mr.. Kerr said I'VE will show that
lthese men had nothing whatever to
:, do with the killings and that they
5were in positions and places at the
! BILE for them to have had anything to
do with it,"
Witnesses For State Heard.
The three witnesses for the state
who We're heard and dismissed prac-
tically without cross xamination' by
1.-The defense attorneys were: DR.. j. r.
Back, head OF the Herrin hospital;
E.Alber. G. Storm. Herriit undertaken,
and William MCGOWAN, the coroner
of Williamson county. y
WA:Dr.%Black and Mr.. Storm testified
regarding the death of Howard Hoff-
man, one Of the victims Of the riots.
DIR. Black expressed the belief that
the death of Hoffman was u to gun
shot and knife wounds On cross
! examination he said that Hoffman had
died two days after the wounds had