The Waterbury Democrat., 1938-05-13

and justice department legal eX- perts based the first criminal pros- ecution in NLRB history on an 1870 Federal law. It provides that If two or more persons conSpire to threaten or intimidate any citizen in the free exercise or en- joyment of any right or privilege secured to him by the constitution or laws of the United States, or because of his having so exercised the same they shall be fined not more than 5000 and im- prisoned not more than 10 years"
 Twenty Agents to Testify
 Making no secret of the impor- tance they attach to the case, justice department officials call it The trial of the century" Assis- tant Attorney General Brien Mc- Mahon, chief of the departments criminal division, is on the scene in Kentucky. Twenty agents of the bureau of investigation, who spent weeks in the rugged moun- tain territory where the Harlan mines are centered, are under sub poena to present evidence.
 The government won its first legal skirmish when Federal Judge H. Church Ford overruled conten- tions by the defendants that the law was not applicable to the case.
 The defendants are A mine execu- tives, g law enforcement officers, and 9 corporations.
 At stake, in addition to the pos sibility of adding new enforce ment weapon to the labor act, is the peace of Harlan county where, the government charges, years of terrorism have prevented even the powerful Mine Workers of Amer ica from organizing unions.
 One Witness Killed
 Federal agents entered the area .--one of the richest soft coal nin- ing regions in the world after the senate civil liberties committee produced witnesses who told stories of violence and bloodshed. Follow ing the hearings, several of the witnesses allegedly were threat ened. One witness since has been killed.
 Federal agents returning to Washington describe Harlan, Ky, az 8 mountain town where the boys tote their guns on the hip" They declare they have strong evil dence of violence, and plan to call about 200 witnesses to support their charge.
 Indictments against the 69 de- fendants charge that certain of the accused organized an associa- tion - the Harlan County Coal Operators Association-one of the express purposes of which alleged ly was to prevent miners from organizing.
 The civil liberties committee, headed by Sen. Robert M. La Fol- lette, F., Wis, produced testimony that some members of the asso- citation paid large sums of money to sheriffs and deputies to prevent workers from meeting to organize.
 Philip Murray Testified
 Philip Murray, vice president of the United Mine Workers, testify ing as to his knowledge of the coal operators association and its &C., tivities under the Guffey Coal act, told the committee the group Ire sisted. not only in legitimate ways, the efforts of the industry to have them comply with the provisions of the act, but they resorted to the use of gunmen, deputy sheriffs, acts of brutality, shootings, kid napings, killings, maiming, the letting of blood, all in defiance and in fragrant violation of that act"
 L. T. Arnett, a union organizer, testified at the hearings that he was awakened in his New Harlan Hotel room about 3 AM, January 23, 1937, by a hissing sound. His investigation disclosed it was a tear gas bomb.
 At the same time, it was tesu- fled, two automobiles belonging to union organizers attempting to untonize Harlan mines were de- stroyed by explosions in the street of the city. The sheriff could not be reached at the time, the testi- mony alleged. S-yde James, ser geant of the highway patrol in Harlan county, refused to escort the group out of town. The group finally obtained James Ridings, an officer, to accompany them into adjacent Bell county, according to testimony.
 List of Indicted Operators
 Coal operators charged with conspiracy are Silas J. Dickinson, Charles c. Guthrie, George & Ward, Kenes Bowling, Charles E. Ralston, Ebert J. Asbury, William H. Sienknecht, Armstrong R. Mat thews, Denver B. Cornett, Robert E. Lawson, George Whitfield, Ros- COG J. Petrie, Lewis P. Johnson, Pearl Bassham, John E. Taylor, James Campbell Stras, w. Arthur Ellison, Elijah F. Wright, Jr., Robert c. Twya. Elmer D. Hall, Robert w. Creech, Charles B. Burchfield, c. Vester Bennett and Bryan w. Whitfield, Jr.
 The coal companies involved are the Mary Helen Coal Corporation. Che Bardo Coal Mining Company, the Harlan Fuel Company, the Berger Coal Mining Company. the Black Mountain Corporation, the Blue Diamond Coal Company, the Clover Splint Coal Company, Inc. the Clover Fork Coal Com- pany. the Cornett Lewis Coal Company, the Crummies Greek Coal Company. the Harlan Wal lins Coal Corporation. the High Splint Coal Company, the Ken lucky Cardinal Coal Corporation, the Mahar Ellison Coal Corpora ton, the Southern Mining Com pany, the R. c. Tway Company. the Three Point Coal Corporation. the Creek Coal Company. the Black Star Coal Company, the Harlan Galleries Company, the Harlan Central Coal Company and