Evening star., 1931-12-31
HIGHTOWER ABSENT.
At MINE SLAy|NG
State, However, Expects to
Prove He Had knowledge
of Plot.

By the Associated Press
MOUNT STERLING, KY, December
Sl.-Adr1itting w. H. HightoWer, the
defendant was not in EvartS at the
time four men were slain in gun
battle last May, the commonwealth will
attempt To prove through its witnesses
that the mine union president left for
Harlan that morning with knowledge
OF what was to happen.
Hightower is charged with murder in
connection with the battle and is be-
ing tried on the specific charge Of con-
spring to bring about the death OF
Deputy Sheriff James Daniels of Har
Ian County, one of those slain. 1t was
on this charge that w B. Jones, Secre-
tary Of the union, was convicted and
sentenced to life imprisonment.
Deputy Is Recalled.
Deputy Sheriff Estes Cox, seriously
wounded in the battle, was called to the
stand today to resume his testimony
started yesterday. He had testified that
a party Of deputies travelling in three
automobiles was fired upon from Evarts
houses, the roadSIdeS and nearby hills.
Il shot back until I was too weak,
from loss Of blood, to shoot any longer,
he testified, saying he fired between 81
and 80 shots. Cox was wounded In the
shoulder, hip. leg and body. Cox was
the first prosecution witness. He tes-
titled Deputy Daniels stepped from the
front car and was killed by shotgun
slugS.
Denies Sheriff Fired.
Under cross-examination by Ben B.
Golden, Cox admitted that Daniels, as
he walked to the ditch bank, carried
his rife in readiness to shoot, but
denied the deputy fired a shot.
Under Golden'S questions Cox said
his salary as deputy sheriff and mine
guard was paid by the Black Mountain
Coal Corporation. He also said he did
not know Hightower and had nevef
seen him until the Evarts union head
was brought to jail in Harlan the night
after the clash
r. L. Pope of the prosecution sought
TO bring out in requestioning Cox that
the deputy knew of meetings of the
union. Cox however, said he had no
knowledge of his own on this point.
Golden objected to the prosecutions
form of questioning and Judge Henry
r. Prewitt admonished both sides
against asking leading" questions.
Defense Outlines Case.
The defense in its opening statement
said it would attempt to prove the
deputies fired first, and that HightoWer
was in Harlan at the time Of the shoot
ing and knew nothing about it. The
prosecution, in its opening statement,
agreed the union president was in Har-
Ian, but said he had participated in
plans for the attack on the deputies
before leaving.
The Associated Press reporter had a
$40 contempt of court fine RENTED
when he apologiZed to Judge Prewitt
for asking Hightower to leave the court
room, in violation Of court rules, to have
his picture taken.
Barred as Reporter.
Taking exceptions to articles pub
liSled in the Knoxville, Tenn, News
Scntinel about the recent trial of Jones'
JuGge Prewitt today ruled that John
NIcutouX, reporter, could remain at the
tr.cl as a representative OF the United
Press. but not as a representative of
tho News-Sentinel
J. B. Snyder, special prosecutor In
t.,1 Hightower trial, then announced
he "ould file protest against MoutouX
appearing in the court room and was
told by the Judge he would have TO
submit affidavits, as the ruling already
had been made MoutouX went to Lex
ington with William H Townsend,
Lexington attorney, who represents
Newton D. Baker, general counsel Of
the United Press, but said he would
return to cover the Hightower trial
II didn't ask for these papers and
I'm not going to sit on the bench and
have the press attack me-" Judge
Prewett said today. mo one represent
ing the Knoxville News-Sentinel can
sit in this court"