The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1928-02-20
Ill. D. LAUNCHES
FIGHT TO FREE A
MILITANT miner
Not Guilty Plea Made
By Benito
Especial to The DAILY wORKER)

WILKES BARRE, Pa, Feb. 19.-
Sam Benito, Steva MENDOZA and
Adam Mileska were arraigned in the
local court here yesterday before
Judges Fine, Mclean and Jones
charged with the murder of Frank
Agati, reactionary district official of
the United Mine Workers Union, who
was shot and killed at the union head
quarters here.
Pleads Not Guilty.
Bonita, progressive president of
Local union 1903, pleaded not guilty
through his attorney Frank Elan
merry. MENDOZA was excused from
testifying. Moleski, previously re-
eaSed as material witness upon his
own recognizance, was rearrested
yesterday and charged as an access
sorry in the shooting. He was placed
on the witness stand and ties flied as
to alleged happenings at the shoot
ings in the union headquarters.
Moleski declared that Agati as
saulted Bonita before any shooting
took place. Also that the first shot
came from Bonita, though another
witness present at the shooting
named Figlock, who is an organizer
in the reactionary Capellini machine
testified he did not know who fired
the first shot.
Moleski Recent Member.
There is much conjecture as to
why Moleski was arrested and how
much pressure is being exerted upon
him by local authorities.
1t is being pointed out that Moles-
XII has only been a member of Local
union 1903 for a couple of months
and has known Bonita only during
that time.
Assaulted Bonita.
That Agati first assaulted Bonita,
when the local union committee met
with Agati, is unchallenged. 1t is
not yet determined whether Agati
also fired the first shot and that
Bonita who is alleged to have shot
Agati was then compelled in defense
of his own life and of the others
present to shoot back, through his
overcoat, not even having time to
draw his gun.
That Bonita and the other progress
sive miners had occasion to fear as
sault and even murder by the reac-
tionary officials of the union and
their hired gunner is seen in the
fact that Bonita had a permit to carry
a gun for protection. This is further
substantiated by the cold blooded
murder of Thomas Lilies, progress
sive miner, by gunner. The Cap
pellini machine is working hand in
hand with contractors and the
Pennsylvania Coal Co.
Railroad Them to Chair.
The charge of murder against Ben
tia, MENDOZA and Moleski indicates
that the reactionary union official
dom i'll this district under the leader
ship of Capellini and John L. Lewis,
national president, in combination
with the coal operators, contractors
and the local police are determined
to railroad these men to the electric
chair or prison. A determined legal
and labor defense and mobilization
of the miners and the working class
forces will be required to prevent an
other frameup against the militant
workers.
Bonita gave himself up voluntarily
to the local police.
ReactiOnaries Use Terror.
1t is evident that the Mine Work
~ ,o1l L. ~ &c
Capellini and Lewis are trying to
stem the tide of revolt against their
betrayals by murder and other forms
of terror. Not day passes but that
progressives are threatened with
death at the hands of the reaction
aries. These shootings are part of
this struggle.
The rank and file miners are re-
sentful and protest against the con-
tinuation of situation which is
making their living conditions worse
and breaking down working condi-
ions and the union.
The following facts are cited as
proof of their contention:
Lease Coal to Individuals.
The contractors system which is
used to speed up the miners and cut
wages is on the increase and gives
the contractors actual control of the
union. This is done by the company
leasing coal mining to individuals
who then have the right to hire labor
This is permitted by the local and
in some instances by the miners
union officialdom. This is in VIC
lation of the union agreement regard
ing working conditions, safety con-
ditions, etc.
Originally Capellini lead the strug
gle against the contractors in the
Pittston territory. The rank and
file elected Capellini as district
president who then betrayed the
miners.
Sympathy is manifested every
where for Bonita. On the other hand
roti 10 Jaccr;baJ i, fLa 1ocol con;