The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-01
GAG ON PRESS
DEMANDED IN
DEATH trial.
Judge to Decide Monday on
Attorneys Request to
Bar Reporter.
CLEARED OF CONTEMPT
Knoxville (Tenn.) News
paper Scorns Jurist's Call
for Apology.
By United Press

By UHlted Press
MT. STERLING, KY, Jan. L.
Exclusion of Knoxville newspaper
man from the Montgomery county
circuit courtroom during the VIII
liam Hightower murder conspiracy
trial, will be decided upon Monday
night.
Hightower, president of the
Evarts (Ky0 local, United Mine
workers of America, is charged with
conspiracy to murder Jim Daniels,
one of three Harlan county deputy
sheriffs slain in gun battle near
Evarts last May 5.
The killing climaxed a series OF
labor disturbances in the south
eastern Kentucky coal fields.
Hearing on motion by the prose-
cution in the Hightower case to bar
John T. Moutoux, member of the
Knoxville (TenrO NewS-Sentinel
staff, originally was scheduled for
today. 1t was postponed, on request
for further time to prepare the de-
Tense by w. H. Townsend, Lexing-
ton, KY, attorney for Moutoux,
Reporter Is Attacked
Moutoux no sooner was released
from a cantempt of court citation
by Judge Henry R. Prewitt Thurs
day than he was ordered to show
cause why he should be permitted
to remain in the courtroom. by mo-
ton by w. G. Hamilton, common
wealth attorney.
Hamilton presented an affidavit
by j. B. Snyder, prosecution coun-
sci, charging that Moutoux had
made statements "derogatory to the
courts" and Every antagonistic to
the prosecution"
Judge Prewitt, in the contempt of
court proceedings, held that Spe-
cial article Moutoux had written
for the News entinel, following the
recent trial of w. B. Jones on
similar charge to those against
Hightower, which criticised the
conduct of Hamilton, was not con-
tempt.
He held an editorial published N
the paper was in contempt, however,
and ruled that no representative
of the News Sentinel could take
notes" in his courtroom until the
newspaper apologized. In an edi-
torial Thursday, the News Sentinel
said it had no apology to make.
Barred From Courtroom
Judge Prewitt gave Moutoux per-
mission to remain and report the
trial as y special correspondent for
the United Press, on condition that
he not write anything for the News
Sentinel. 1t was when he returned
to the courtroom in this capacity
that the prosecution motion to ex-
clude him was made.
Moutoux is barred from the court
room pending outcome of the hear
ing.
Hightower is the second of ten
defendants whose trials were trans
ferred here, 200 miles from the
scene of the Harlan county slay-
ings. Jones, secretary of the Evarts
union, was the first OF the group
brought to trial. He was sentenced
to life imprisonment upon convic-
ton early in December.
Like Previous Case
Prosecution testimony in the pres
ent trial closely parallels that pre-
scented in the Jones case. Numerous
witnesses have testified as to hear
ing the shooting in the May battle,
some as to seeing it, but none are
able to identify definitely the par
Elephants.
Other witnesses have told of as
seretd incendiary speeches allegedly
made by Hightower in union meet
ings at Evarts.
George Maze, miner. testified
Hightower once said: "Well have
to get rid of those thugs up there
before we can do any good" in re-
ferring to efforts of the miners to
unionize the open shop mines of the
district.
Maze said deputies were called
"damnable thugs" by the miners.