The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-04-07
ALL HERR|N
CHARGES
DROPPED
Hopeless to Try Accused in
Massacre, PROSECUTORS Says,
Killing Mob Indictments.

MARION, Ill, April 7.AH in
dictments charging murder, as
sault to commit murder, and COM
spiracy growing out Of the Herrin
mine massacre last June were
nolle pressed by Judge D. I. Hart
well here today ia granting the
motion made ~ States Attorney
DelOA Duty mo assisted ii The
pros ecdti0n Of the cases.
Believes Prosecution Hopeless.
Attorney General Edward j.
Brundage through his assistant.
g. w. Middlekauff. objected to the
nolle, but no formal protest was
made to the court.
The action of the States attor.
ney followed the acquittals of the
six defendants in the second trial.
The States attorney said he thought
further prosecution was hopeless"
Judge A. w. Kerr. chief counsel
for the Illinois Mine Workers, re-
quested of the court this morning
that the remaining cases be rushed
to trial.
States Attorney Duty then an
nounced:
1T am not going to try any
more. I am going to nolle all of
the riot cases. I have done my
duty to the best of my ability.
These trials have been q big ex.
pense on the county. L have my
personal opinion as to who COM
mitted these crimes and / did all I
could to convince two juries. / am
not complaining about the juries.
They are entitled to their opinions.
1t is a hopeless proposition"
Larceny Cases Stand.
States Attorney Duty said that
the larceny cases growing out Of
the riot would not be nolled.
The six defendants in the second
trial that were acquitted last night
were in the court room when the
remaining murder charges against
them were dropped.
Assistant Attorney General C. w.
Middlekauff issued the following
statement this morning for the
prosecution:
"The prosecution is reluctantly
fobliged to admit that justice cannot
be obtained in Williamson county.
No impartial jury can be secured
to try the men responsible for the
murder Of score of men at and
near Herrin last June.
''The law compels the State to
prosecute in the county where the
mo- tod nj Hnr Five
months the prosecution has vainly
strived to secure conviction"
The six defendants in the second
Herrin mine massacre trial were
acquitted OF the murder charge In
connection with the death of Antonio
Muikavich, OF Erie, Pa, one OF the
| tWenty-three non-union victims killed
by the mob which attacked the
Lester strip mine during the ma
tional coal strike last June. The
jury deliberated six hours and
fifty-five minutes, returning a. ver-
dict shortly after IL o'clock last
night.
The second trial. which attracted
nationwide attention, was begun
February IL. Taking OF testimony
started March 2, the State present
ing thirty-two witnesses and the de-
Tense ninety-five.
The acquittal for Hugh Willis was
was read first and then for each of
the other five defendants separately.
The other defendants acquitted are:
Otis Clark, Bert Grace, Oscar
Howard, James Brown and Phillip
Fontanetta.
Willis is a member of the state
executive board of the United Mine
Workers Of America.
Clark and Grace were defendants
in the first trial In which acquittaIs
were given the five defendants tried.
The defendants in the first trial
were charged with the murder of
Howard Hoffman. Of Huntington,
Ind