Evening star., 1937-04-29
La Toilette
CONTINUED From First Page.)

Of the concerns in handling prosecu-
tions
Il am completely independent of the
coal companies" Smith declared.
Smith said he received 500 a month
from Harlan-W -Wallins, $50 from r. c.
Tway and s25 from Mary Helen. His
salary as Commemorative attorney, he
said. is $500 yearly. plus a right TO
$500 in fees and commissions.
Smith insisted he had dismissed no
indictments without good reason, par
ticularly since he was not on friendly
terms with Circuit Judge Walter NJ.
Gilbert.
The falling out" occurred, he said,
because he went to ''see a man about
a dog"-a bird dog-on Saturday, in
stead Of staying at court.
Turning to specific cases of conflict
ing interests, La Toilette cited the
indictment in 1884 Of Charles Middle
ton, deputy employed by Harlan
Wallins and subsequent dismissal Of
the indictment on motion Of Smith.
Did Client Have INTEREST,""
Now, didn't the Harlan -Wallins
Co., your client, have an interest in
that case?"
If they did, they didn't come to me, :"
Smith replied 1T might have been
factor, unconsciously"
For the life OF me, don't see how
it could help being a factor" La
Toilette remarked.
La Toilette next cited dismissed
indictment against Deputy Robert Ed
rioge, another employe OF Harlan
Wallins, but Smith explained that
Eldridge and the other man involved
shook hands and made up" and the
whole thing was forgotten, since both
we're intoxicated. Edridge. who has a
long record, including one conviction
for murder, testified yesterday that he
got drunk" once in while.
La Toilette next cited record Of six
dismissed indictments against Merle
Middleton, first Harlan-W Wallins dep
uty and now a business associate OF
Pearl Bassham. general manager of
Harlan Wallins. Two of the indict-
ments against Middleton were for
murder
Indictments Dismissed.
Smith affirmed his dismissal of two
misdemeanor indictments against
Lawrence Dwyer, u M. w. organizer
and about the same time filed away
| indictments pending against Ben Un-
| thank, R. c. Tackett and Larkin Baker
deputies, for completely in the dyna-
miting OF Dryers hotel residence
Smith said he obtained a conviction
against Chris Patterson for this offense
Reading a long list of grand jury
names, Senator La Toilette gained ad
missions from Smith, Sheriff T. R.
Middleton and George Ward. secre-
tary OF the Harlan Coal Operators
Association, that those named were
related to deputy sheriffs and mine
officials
Dwyer, 70, and called Peggy" be-
cause of wooden leg, was called to
the stand to describe his arrest for
drunkenness in January, 1895.
He said that after spending a
hours in jail without being allowed
to communicate with friends, he COL
lected some 20 witnesses to testify he
had not been drunk, and the case was
| dismissed.
| Later, he declared Smith threat
ened to "have me indicted and sent tc
the penitentiary for 20 years"
1t was the next day, Dwyer con-
tinued, that he was informed by
Judge Walter M. Gilbert that Smith
had drawn bill Of indictment agains,
him.
Dwyer said Smith solicited U. M. w
support in the election and pledged
his efforts to remove the condition.
OF collusion previously existing be.
tween the coal operators and the law.
enforcement authorities. Similar
pledges were made by Sheriff Middle.
ton and Judge Gilbert, he added
At the same time, the committe,
debated recalling three mine operator.
against whom new charges of anti.
union tactics were lodged yesterda,
afternoon by William Turnblazer
U. M. w. official.
Telegram Tells of Staying.
Turnblazers action followed receip-
OF a telegram from two organizers II
Harlan that Lloyd Clouse, assisting il
the organizing drive, had been mur.
dered last Saturday night by "foul
mine guards" and that union miner.
had been discharged at two mines ane
a third had been closed because tn,
men all had joined the union.
Those who may be recalled arr
Bassham. who told the committe.
two weeks ago that he never hac
heard OF the national labor relation!
act until he came to Washington; R. E
Lawson and Mrs. H. Bennett, OPERATOR
OF the three mines involved in yester'
days charges.
An idication Of how the grans
juries are selected in Harlan wa!
given late yesterday as testimony ant
evidence disclosed that w. Ton
Holmes, a mine superintendent, whit
admitted to some advance "idea" tina
the Marshall A. Musicks were to b