Evening star., 1937-04-22
BY JOHN c. HENRY,

Mine Workers in his campaign for
election in 1885, Gov. A. B. (Happy)
Chandler has failed to give miners
OF bloody Harlan" County, KY, any
protection of their civil liberties, J. j.
Timko, a U. M. w. official, charged
before the La Toilette Committee to-
day.
AS the witness made the charge, the
committee placed in its records pic
ture from the Louisville Courier
Journal Of December Is, 1885, showing
Harlans sheriff, Theodore Middle
ton, serving as personal escort to
Chandler and his family on the day
Of the Governors Inauguration.
Throughout the hearings, the an
tagonism of Middleton and his depu-
ties toward U. NJ W. members and
organizers has been the subject Of
frequent testimony.
Shoot to KiIl' Orders.
Timko said that on one occasion
Of his summons before the Harlan
court of Judge Walter Gilbert. he was
furnished a National Guard escort
with orders to shoot to kill" The
Guardsmen transported him 10 and
from Bell County to the court with an
Army truck, he said, and declined to
let him linger close to corridor full
Of armed deputies.
Charges of practicing the kick
back racket" were leveled at Theodore
r. Middleton, high sheriff of Bloody
Harlan" by former deputy appearing
before the committee today.
The charges were made by Henry
M. Lewis, now assistant .jailer in
Harlan Town, who said that for more
than two years as deputy under Mid
dleton he had received a monthly
check for 5000 and had been forced
to pay back SIS in cash to Middleton.
Records showed three other deputies
listed at 5000 month, but Lewis
said he did not know whether they
kicked back" part of their salaries.
Earlier Lewis verified testimony of
R. c. Tackett and United States
Deputy Marshal Robert Bonham re-
garding threat made against Tackett
last Friday by Ted Creech, mine su-
perlntendent. A perjury charge against
Creech was presented to the grand
jury yesterday.
Agree on Incident.
Lewis agreed with Tackett and
Bonham that the former had made no
remark to Creech before the latter
approached him in the corridor of
the Senate Office Building last Friday
and threatened to see that Tackett
would serve sentence for testifying
against the operators.
Creech testified that Tackett opened
the conversation, and it was on this
claim that the perjury charge was
based.
Tackett was talking to me-" Lewis
testified when Creech broke In to
make his threat"
Following testimony by Timko con-
oerning violent resistance to union
organizers, Senator La Toilette intro
duced an extract from an order send
Ing militiamen to Harlan in July, 1895,
the order stating that many deputies
have been guilty of lawless
acts, intimidating, threatening, abus-
Ing and beating many peaceful citi-
zens."
After an injunction against use Of
the National Guard was dissolved,
Gov. Ruby Laffoon In September, 1885,
ordered all or as much OF the Guard
a. necessary into Harlan to alleviate
the reign OF terror" existing there.
Grocer First Witness.
John Surgener, Harlan grocer, who
said his son married the daughter
OF Ben Unthank missing deputy
sheriff, was the first witness.
Surgener said he knew Unthank
well, but hadn't seen him in two or
three months. surgener professed to
know nothing of Unthanks work ex-
cept that he was deputy employed
by the Harlan County Coal Operators
Association. Neither his son nor
daughter-in-law has mentioned the
deputy's whereabouts in several
months, Surgener insisted
Committee agents, armed with 4
subpoena, have been seeking Unthank
Tor nearly two months.
After substantiating the version of
Tackett and Bonham about Creech's
threat on Friday, Lewis told the COM
mlttee his salary as deputy never ex-
ceeded sl25 a month.
AT this point, La Toilette intro
duced the salary records submitted
to Harlan Fiscal Court by Sheriff Mid
dieton, showing payment of 5000 a
month to Lewis in 1885.
Did you get 5000 month in 1882"
La Toilette asked.
I received a check for 5000 each
month and turned back SIS to the
sheriff" Lewis replied.
DO you know OF any others kick
Ing back to the sheriff."
I can't say about the Others"
Lewis then testified that several
OF those listed on Middleton's &C.
count to the court were employees of
the coal operators rather than the
sheriffs Office. The salaries listed
ranged from $l0O to 5000 a month.
Lewis said the kickback started in
1885. Prior to that date he was get
ting $l10 month, but beginning in
1885 his check was for 5000. At first
he was forced to kick back $50, but
the sheriff later gave him raise" of
SIS by requiring only SIS kickback.
Lewis was discharged in February,
1887, as a deputy sheriff, he said,
with no reason being given. The dis
charge took place on February 20,
he said, when Middleton gave him
$l25.
Il guess the sheriff took the kick
back out himself" Lewis said