Evening star., 1938-06-20
COURT D|SM|SSES
S|XHARLAN CASES
Government Says Evidence
Was Not Sufficient-57
Defendants Remain.
Ey the Associated Press.

By the Associated Press.
LONDON. KY, June 20.-Federal
Judge H. Church Ford today sustained
Government motion dismissing
charges against three Harlan County
coal operators and three companies,
defendants in the anti-labor con-
spiracy trial here
The defendants freed on the charges
were Elmer D. Hall and the Three
Point Coal Co.. william H. Sienknecht
and the Blue Diamond Coal Corp, and
c. B. Burchf1eld and the Black Star
Coal Co.
Henry A. Schweinhaut of Govern
ment counsel told the court to-day: -,
In candor and fairness we do not
believe We have established q spficient
case against these defendants"
Judge Ford sustained defense mo-
tions last Friday after the prosecution
had rested for directed yerdicts of
acquittal for Sienknecht and Burch-
field and the companies they represent.
Recorded As Dismissal.
Today's move to which the defense
tacitly consented means the Blue
Diamond-Sienknecht and the Black
Star-Burchf1eld action will be record
ed as dismissals instead of directed
verdicts Of acquittal 1t left 40 in
| dividuals and II coal companies as
defendants.
Judge Ford reversed a previous de-
cision today and told the defense it
might present its case incident by
incident. instead Of requiring all de-
PENDANTS to testify before any other
defense witnesses are called, as is
Kentucky practice.
w. A. Ellison, a defendant. and
president of the defendant Mahan-
Ellison Coal Corp. and the Southern
Harlan Coal Co., was the first defense
witness
Mr.. Ellison, now of Knoxville, Tenn
said he had been a member of the
Harlan County Coal Operators Asso-
citation since its organization in 1916
Beneficial Freight Rates.
He said the association was formed
to eliminate "cutthroat competition
among Harlan operators and to obtain
for them beneficial freight rates.
The Government charges one pur-
pose Of the association was to resist
union organization of miners.
Defense counsel warmed to the task
of presenting its side of the picture
for the first time as the hearing en-
barked on its sixth week today.
The defendants side will be largely
new, so far as the public is concerned
Much of the Governments evidence
was a repetition of testimony pre-
Sented at the Senate Civil Liberties
Committee hearing in Washington
early in 1887 and in subsequent Ma
tional Labor Relations Board hear
ings.
Hundreds Ready.
Lawyers for the defense said They
were prepared to call hundreds" O.
witnesses, but added they probably
would not use that many, although
they would use more than the 147 pu
on the stand by the Government IL
the trials first five weeks.
The defendants are required to TAX
the stand first and complete their evi
dence before putting up other wit
nesses.
The Government charges they con.
spired to prevent organization ot
Harlan miners by the United Min,
Workers. II convicted, the OPERATOR
and former deputies could be sen.
fenced to 10 years Imprisonment ant
fined $1,000, and the corporation de.
PENDANTS could be fined 5000.
Opposition Admitted.
Individual opposition to inionisn
is admitted by many Of the operators
but they deny there was any collective
effort to keep unions out of the
county. They maintain general com.
munity feeling. as well as theirs, wa.
against the union.
To evidence this feeling, the de-
tense will present testimony relating
to the 1881 battle of Evarts," which
| resulted in the killing Of three deputy
sheriffs and miner and led to sub.
sequent imprisonment Of severaI
United NJ Workers.