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Hellraisers Journal – Friday March 4, 1904
Cripple Creek, Colorado – Union Leaders Freed by “Not Guilty” Verdict
Leaders of Cripple Creek District of Western Federation of Miners
From The Denver Post of March 3, 1904
-Strike Leaders of Cripple Creek Freed by Jury:
Mrs. Emma Langdon Reports from Cripple Creek
Sunday February 21, 1904 – Cripple Creek District, Colorado
-District Union Leaders on Trial
The trial of Sherman Parker, W. F. Davis, and Thomas Foster for “train wrecking” in connection with an alleged plot to derail trains last November got underway last Friday [Feb. 19th]. They are charged with other crimes also, too many to keep track of. The mine owners seem determined to saddle these hard working miners with every crime ever committed in the district since the strike began. The three men are all members of the Western Federation of Miners, and leaders of that organization in the Cripple Creek District.
Mrs. Emma F. Langdon reports from the courthouse:
The court room was crowded with interested spectators and the trial was attended by crowds until its completion. Attorneys Crump and Temple were for the prosecution and Attorneys Hawkins and Hangs for the defense. The main witnesses for the “persecution” were Chas. McKinney, D. C. Scott, Sleuth Sterling, Gleason, Mrs. McKinney and a fellow named Beckman and his wife. Witnesses for the defense were over forty in number, inclusive of the defendants.
McKinney, the star witness for the “persecution,” was claimed to have turned state’s evidence. He is not and the records show that he has never been a member of the Western Federation of Miners, but when he was arrested the Federation rendered him every assistance in its power, because they thought him innocent of the crime for which he was arrested, and in charity tried to shield him from persecution! The writer believes that McKinney was not in the scheme and that he did not help the sleuths pull the spikes, but was induced to make false testimony in the hope of reward and like the traditional viper, turned his poison on those who had warmed and fed him! That he became entangled with Scott and Sterling and for a paltry money consideration, entered into the plot to send innocent men to the penitentiary after the alleged “attempt” at train-wrecking. McKinney’s record is alleged to be a cattle thief in Kansas and Nebraska, run out of Utah for horse stealing, the blood of one man on his hands, a traveler under God knows how many aliases, a self-confessed perjurer, a self-confessed thief. As a witness he proved himself a monster, utterly without conscience, and was shown up to public view as a human weakling, a mental and moral degenerate. He is more to be pitied than censured, for it is utterly impossible for this miserable, trembling creature to tell an intelligent lie, and he is apparently irresponsible for his speech and actions. His only hope of escape from the penitentiary seems to be in the promises of Sleuths Scott and Sterling, who are alleged to have promised him a pardon through the influence of the Mine Owners’ Association with Governor Peabody and $1,000 in cash for trying to swear away the liberty and manhood of the union leaders….
McKinney’s testimony drew Sleuths Scott, Sterling and Beckman (all star witnesses in the “persecution”), into the meshes and showed them up to appear as arch conspirators in a premeditated attempt to railroad innocent men to the penitentiary! He testified that he and Beckman attempted to wreck a train, and that Beckman advised administering poison to the “scabs,” thereby suggesting wholesale murder! Attorneys Hangs, Richardson & Hawkins demanded the arrest of Beckman as a conspirator and protested to Henry Trowbridge and J. C. Cole, district attorney and his deputy: “We protest against the partiality shown in this case and demand that you do your duty at once.”
[Emphasis added.]
Wednesday February 24, 1904 – Cripple Creek District, Colorado
-Trial of District Union Leaders Continues
The trial of Sherman Parker, W. F. Davis, and Thomas Foster for “train wrecking” in connection with an alleged plot to derail trains last November continued yesterday [Feb. 23rd]. The three men are all members of the Western Federation of Miners, and leaders of that organization in the Cripple Creek District. Star witness No. 2, Charles Beckman, testified yesterday for the “persecution.”
Mrs. Emma F. Langdon reports from the courthouse:
Beckman succeeded in convincing all who heard him that he “is the most despicable and contemptible specimen of humanity-a sneaking, cowardly spy, a traitor, a betrayer of his oath, a wanton liar and a mercenary criminal with instincts that would cause a yellow cur to commit suicide from appreciation of his own debasement.” He admitted his participation in the dastardly attempt to precipitate a loaded passenger train down a three hundred foot embankment! That he joined the Western Federation of Miners to become a spy in the organization! That his testimony was paid for by the Thiel sleuth agency! He admitted nearly every detail of the dastardly plot entered into with McKinney [star witness No. 1] and showed his contemptible cowardice by attempting to throw the responsibility upon his miserable partner in crime!
The only deduction that can reasonably be made from Beckman’s testimony is that he is a natural born crook and scoundrel who plies his vocation under the guise of a detective, and in his profession of spy and sleuth, is not even respected by members of that fraternity, owing to his prostitution of his questionable trade to the filthy channels of divorce business-putting up dirty jobs to sever marital relations and breaking up happy homes! Verily the noose is already tightening about his miserable neck.
[Emphasis added.]
Friday February 26, 1904 – Cripple Creek District, Colorado
-In Trial of District Leaders, W. F. Davis “Not Guilty”
The “persecution” is proceeding with its version of events in the trial of Sherman Parker, W. F. Davis, and Thomas Foster for “train wrecking” in connection with an alleged plot to derail trains last November. The three men are all members of the Western Federation of Miners, and leaders of that organization in the Cripple Creek District.
Mrs. Emma F. Langdon sent in this report from the courthouse on Tuesday:
Beckman implicated Sleuth Sterling as connected with the plot, stating that he had prearranged signals with Sterling whereby he could watch himself and McKinney pull the spikes in the hellish scheme to send martyrs to the penitentiary!
Mrs. McKinney, star witness No. 3, in the “persecution,” assisted very materially in exposing the nauseating plot. Her face was alternately suffuse with blushes and blanched to marble whiteness as her relations with the sleuths were uncovered. She proved a more artful liar than her miserable poltroon husband, yet she was forced to acknowledge the wanton falsity of her statements, and when cornered she simply admitted that she lied, and with every such confession her eyelids drooped with shame. She admitted that Sleuth Sterling had “kept” her, paid her expenses, bought her meals, slept in adjoining rooms, swore that her husband gave her no money , and when cornered as to where she got the money to pay for $4 meals for herself and Sterling, swore her husband gave it to her! But she is a woman, and in charity I say no more of her-suffice it that when the ordeal of cross-examination was finished she left the court room with shame-flushed face and downcast eyes, closely followed by Sleuth Scott.
[Emphasis added.]
The case of the “persecution” began to unravel in earnest yesterday. Mrs. Langdon reports:
Sleuth Sterling was placed on the stand and proved himself skillful in refraining from incriminating himself by adroitly fixing the responsibility for dirty detective work on sleuth Beckman. He tried hard to shield Mrs. McKinney, but did not spare her husband. His evidence was clearly presented and conflicted but little in a few details. Sleuth Scott was called to the stand and sorely disappointed the “persecution.” His direct testimony showed a careful and studied comparison with Sterling’s, but on the cross-examination he became sadly mixed. He admitted that he lied to Sheriff Robertson, to Judge Seeds, to President Jesse Waters and to many others. Sleuth Scott left the witness box a self-confessed liar.
Hard words, these, but true. The testimony of these self-confessed conspirators and apparently unprincipled sleuths and their accomplices was intended by the “law and order” “persecutors” to send to the penitentiary honest men, known by them to be innocent!
But now came a sensation and a bombshell to the “persecution”-the testimony of an honest man! W. W. Rush, who was at the throttle of the “ill-fated” train the night of the “wreck.” Under cross-examination the nervy engineer fatally contradicted stories sworn to by Sleuth Scott and startled court and spectators by declaring that Scott had approached him some time before the “attempted wreck” and told him that it would be “pulled off.” Scott further asked Mr. Rush where he considered the best location for a wreck. Rush answered that the overhead bridge would be the most dangerous place. The “attempt” was later made at the identical place suggested by Rush! This blow paralyzed the “persecution,” and Judge Lewis immediately ordered the jury to bring in a verdict of “not guilty” in the case of Davis and “not guilty” on one count against Foster.
After months of imprisonment, innumerable indignities and persecution, but little freedom under an exorbitant bond of $15,000, W. F. Davis, and innocent man, was liberated and free, now fully vindicated and by the very witnesses who were summoned to railroad him to the penitentiary. No witnesses were necessary to vindicate him. No witness was questioned in his behalf. No lawyers’ plea made to defend him. Not one scintilla of evidence produce against him. He, as the reader will well see, was the innocent victim of one of the most damnable and foul pieces of jobbery in the annals of degenerate sleuthdom. How plainly did the jobbers overjob themselves!
Wednesday March 2, 1904 – Cripple Creek District
Witnesses for the Defense Demolish Case Against Union Leaders
The work of demolishing the case against the district leaders of the Western Federation of Miners, begun early last week by the “persecution’s” own witnesses, was completed later in the week by the witnesses for the defense. The case for the defense was presented, beginning on Friday [Feb. 26th].
Mrs. Emma F. Langdon offers this report from the courtroom:
February 26, the examination of witnesses for the defense began, and then came revelations of the utter debasement of hired fiends who would have perpetrated a crime upon Colorado’s fair name that time could never eradicate. The testimony of dozens of unimpeachable witnesses proved clearly an absolute alibi for [Sherman] Parker and [Thomas] Foster. The testimony of Victor Mathers proved conclusively to any mind that the foul conspiracy and alleged crime was carried out by Sleuth Scott with Sleuth Sterling a close accomplice! Section Foreman Powers measured the tracks in the snow the morning of the bungling job and his testimony proved a most perfect link in the unbroken chain of evidence against Scott and Sterling as the actual perpetrators of the alleged “attempted wreck.” Under the positively unimpeachable evidence of the numerous witnesses for the defense, the “persecution” utterly collapsed.
Saturday, February 27, witnessed the complete demolishing of every scintilla of every suspicion, let alone of evidence, against the defendants, and the diabolical jobbery of ambitious sleuths and spies and the wholesale perjuries of the star witnesses for the “persecution” had been thoroughly exposed and nothing but the formality of absolute acquittal by the jury [could] legally establish the innocence of the victims of one of the most heinous plots ever conceived in the minds of persecutors.
[Emphasis added.]
The case was then given over into the hands of the jury, and a verdict of “not guilty” was soon delivered. Assistant District Attorney Cole then saw fit to nolle pross the cases against Sherman Parker, C. G. Kennison, W. F. Davis and Steve Adams. They had been charged in connection with the alleged murder of Superintendent McCormick and Shift Boss Beck at the Vindicator mine on November 21, 1903. Mr. Cole also nollied the cases against W. F. Davis, accused of pulling the spikes in an alleged train-wrecking plot on November 13 and 17. The remaining cases against Thomas Foster and Sherman Parker will also be nollied according to Assistant District Attorney Cole.
Thursday March 3, 1904 – Cripple Creek District, Colorado
Verdict Unanimous! Parker and Foster Not Guilty
The farcical trial of local leaders of the Western Federation of Miners came to end yesterday with a unanimous verdict of “not guilty” being reached on the first ballot.
Emma F. Langdon reports from the courtroom:
[Yesterday] vindication came, and on the first preliminary ballot of the jury! The corrupt house of cards has fallen—shattered by honesty and truth! And now I am proud to give to the world the verdict of the jury of peers, as follows:
“The people of the State of Colorado vs. Sherman Parker and Thomas Foster—No. 785. Verdict—We, the jury, find the defendants, Sherman Parker and Thomas Foster, not guilty.-E. A. EISWORTH, Foreman.”
“The people of the State of Colorado vs. Sherman Parker—No. 784. Verdict—We, the jury, find the defendant, Sherman Parker, not guilty.-E. A. EISWORTH, Foreman.”
The above verdicts were reached by the unanimous agreement of the jurors, after a single ballot had been taken, within five minutes from the time the jury retired! “Out of courtesy to the court,” as one of the jurors expressed it, “we remained out nearly an hour before announcing our verdict.”
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SOURCES & IMAGES
Quote Mother Jones, CFI Owns Colorado, re 1903 Strikes UMW WFM,
Ab Chp 13, 1925
https://archive.iww.org/history/library/MotherJones/autobiography/13/
The Cripple Creek Strike, 1903-1904
-by Emma F. Langdon
Victor, CO, 1904
“Persecutions of Sherman Parker, W. R. Davis, C. G. Kennison and Thomas Foster”
-p232-240
https://archive.org/details/cripplecreekstri00lang/mode/1up?view=theater
https://archive.org/details/cripplecreekstri00lang/page/232/mode/1up?view=theater&q=parker+davis+foster
The Denver Post
(Denver, Colorado)
-Mar 3, 1904
https://www.genealogybank.com/doc/newspapers/image/v2:12C7581AC4BD0728@GB3NEWS-133DECF5B6B93378@2416543-133DE5808BCD3D80@0-133DE5808BCD3D80
See also:
Colorado Springs Gazette
(Colorado Springs, Colorado)
-Feb 26, 1904
“Case Against Davis Has Been Dismissed”
https://www.genealogybank.com/doc/newspapers/image/v2:11E58B5539D7540F@GB3NEWS-1201EC6DB5F2AB40@2416537-1201A0FD7A6C4C80@1-122DDE2BDE281F81
The Rocky Mountain News
(Denver, Colorado)
-Feb 26, 1904
“Engineer’s Testimony Implicates Detectives in Wrecking Plot”
-with Photos of Davis, Parker, Kennison and Foster.
https://www.genealogybank.com/doc/newspapers/image/v2:12C601A5C4B97518@GB3NEWS-146DC5FD8D7213E0@2416537-146C21E7AA18BBC0@7-146C21E7AA18BBC0
Hellraisers Journal – Thursday February 18, 1904
Cripple Creek, Colorado – District Court Dismisses Case Against John M. Glover
Tag: Cripple Creek Strike of 1903-1904
https://weneverforget.org/tag/cripple-creek-strike-of-1903-1904/
There Is Power in a Union · Utah Phillips