The Hartford republican. (Hartford, Ky.) 18??-1926, 1922-12-15
PLEAS ARE MADE
in HERRIN TRIAL
State Ayers Safe Conduct
Agreement Violated
BY Rioters

| MriOn. ILL.,. Dec. lathe connie
ton by the prosecution and defense
OF their statems hts to the jury and
the introduction of the testimony of
the first three witnesses for the state
marked the opening today of the
trial Of five men charged with MUIR
der in connection with the Herrin
mine killings.
At the counsel table sat Edward J.
Brundage, attorney general; Otis NJ.
Glenn, assistant attorney general.
Ray Henson, George Carter and C..
w. Middlekauf, while the defendants
were represented by A. w. Kerr.
chief counsel; Rufus Nicely, G. b.
White, r. T. Cook. w. p. Seeber. A.
c. Lewis and George r. Stone
Among the 81, ctators who crowd
ed the Williamson County Court
house were Frank Harrington. head
of the Illinois Mine Workers. and
Oral Garrison. secretary to John l..
Lewis, president of the International
Mine Workers. who took down the
proceedings in full
Beside Judge ID. T. Hartwell sat
the jury of twelve men in blue and
khaki shirts. eleven of them, farmers
and one a union miner. Among the
farmers are two former miners.
Murder Held Only Issue.
The crowd listened in silence as
Mr.. Duty repeated the history of the
fatal Herrin riot and outlined the
testimony upon which the state
hopes to convict the five defendants
Declaring that the only question
before the jury was one of murder
and that there was no issue in the
case between capital and labor, Mr..
Duty told of the effort TO operate the
mine of the Southern Illinois Coal
Company with nonunion men and
declared that these workers had been
attacked by q mob of between 500
and 1000 strike sympathizers.
Mr.. Duty said that the state would
prove that during the night preced-
ing the killings, an agreement had ,
been made whereby those in the :
mine were to lay down their arms
and leave the mine and also "a man
named Hunter. who was presumed to
represent Gov Len Small. made ar
for the men to put up
the white flag and leave under
promise of safe conduct out of the
county. The killing. he said, of the
twenty nonunion miners followed.
Mr.. Kerr, who is chief counsel of
the Illinois Mine Workers. declared
In his statement that the defense
would show that the killing of the
men was the result of an
invasion by armed guards" and that
Williamson County rose in defense
If its homes" adding that "by this
lct of self-defense it. served notice on 4
American gunner and upon those
who employ them that this was not
safe community to send hired MUIR |
lerers."
He declared the prosecuting au-
horties of Illinois were being in
luenced by "a private organization '
of men OF great wealth. the I
Illinois Chamber of Commerce"
"Actuated by a desire for ven &
ence," he continued. "eager to do t
nything that will help destroy or T
anized labor, the Chamber of Com 7
lerce is the organization that is a
rosecuting this case" v
Continuing, Mr. Kerr said: I'VE a
ill show that the five defendants in
MS trial had nothing whatever to do
18th the killings and that they were
/ positions and places at the time
hich would have sheen impossible 7
" them to have had anything to do p
10 n 4