Hellraisers Journal – Monday December 9, 1912
Charleston, West Virginia – Usurped Power of Martial Law Disgraces the State
From The Wheeling Majority of December 5, 1912
-Taken from the Charleston LaborArgus:
[Part II of II]
[Charleston, W. Va., Dec. 5.]-Just for an example of the high hand tyranny of [West Virginia’s] military court we will take the cases of Dan Chain, [Silas] Frank Nantz [Socialist marshal of Eskdale] and a few others of their victims. Dan Chain was arrested, taken to Pratt, tried and sentenced to five years in the penitentiary for holding up a train at Cabin Creek Junction with two car loads of transportations Friday, Nov. 14th. To our knowledge Dan Chain was a passenger on the train that was supposed to be held up and did not know the transportation was on the train until he got to Cabin Creek Junction and the railroad crew refused to pull it up the creek, but Dan Chain was not given a chance to introduce evidence in his defense and was railroaded to the penitentiary for five years.Frank Nantz was charged with interfering with an officer in discharge of his duty. This case happened two weeks before martial law was declared at that time the soldiers were doing private guard duty, yet Nantz was railroaded to the penitentiary for five years.
Dan Chain and S. F. Nantz Sent to Moundsville Prison on Nov 21, 1912
Another case is that of [Charles] Coon Jarrell who was brought before the court as witness against another man, and because he did not know anything about the case was accused of perjury and sent to the penitentiary for five years. These are just a few of the many cases where men have been tried by court martial and railroaded to the penitentiary.
Under martial the court martial are supposed only to try offenses committed under martial law. Any offense committed before martial law was declared was no violation of the martial law. If this court has the right to go back two days, two weeks or two months, it has a right to go back two years or ten years. Not satisfied with railroading the men to the penitentiary but the tools of the coal barons are trying to terrorize and intimidate the strikers by arresting and trying the women before Gov. Glasscock’s uniformed court.
When before in the history of this nation have our women been hauled up before a drum head court? Gov. Glasscock made his loyalty to the barons clear when he declared the miners would remember it the longest day they lived. Gen. Elliott, the progressive Bull Mooser, is quoted as saying if he heard of any one alluding to a soldier as a ‘tin horn” he would see that they went to the penitentiary for a year.
Are we living under a despotic monarchy that the citizens should be imprisoned for “Les Majeste?”
And all of this in America, “the land of the free and the home the brave.” In a land where our fathers fought and bled that we might be left a heritage of liberty and be freemen. Have we sunk to the level of Mexican peons that we must submit to the despotism of a dictator, as becomes the cringing subject of a tyrannical czar? The miners of West Virginia are demanding only their constitutional rights as citizens of this great commonwealth, the Czar of Russia nor Diaz of Mexico, would never use any more barbarous or brutal methods than are being used by the state officials to deprive people of these priceless heritages.
Liberty is a sacred thing, more sacred than life itself. A man’s liberty is too sacred to be snatched from him by the arbitrary ruling of a [besmeared?] court, the laws made by the people say that the punishment shall be in accord with the crime committed, so what right has this military court to deprive men of their rights and liberty that a few bloated, foreign stock holders may reap dividends and profits by enslaving the working class?
The miners on Paint and Cabin Creek are fighting for the poorly clad, care-worn women. They are fighting for those bare footed, ragged children, that are shivering in tents these cold winter nights and though every man be locked in prison cells the fight will go on, for the women will take up the fight where the men left off. The working class will stand for just so much persecution before they rebel. Don’t push them too hard or West Virginia’s hills will be painted red with the blood of her sons.
The miners are fighting for freedom with a determination that knows no defeat. Undaunted they look into the muzzle of the soldier’s rifle or face that mockery on justice, the usurped power of a military court. The prison cell is no worse than the midnight darkness of the coal barons slave pen and even death is preferable to a life of slavery.—Labor Argus.
[Photographs, emphasis and paragraph breaks added.]
The Devil Is Here in These Hills West Virginia’s Coal Miners and Their Battle for Freedom -by James Green Open Road, Grove/Atlantic, Feb 3, 2015
(search: “dan chain”) https://books.google.com/books?id=tDojBQAAQBAJ
-pages 125-126-re military prisoners:
When the National Guard threw a new dragnet over the strike zone, it pulled in scores of men as well as several women who were held without charges at a boarding house in Pratt; one of them was Nellie Spinelli, who left five children in the care of her family when she was arrested. Military authorities also imprisoned Silas Nantz, the Socialist marshal of Eskdale, who was arrested for interfering with a militia captain’s attempt to arrest a striker without a warrant. The town’s Socialist mayor escaped arrest by fleeing across th Tug River to Kentucky, where he hid out with relative.
When the military trials resumed in Pratt, Newt Gump, a six-foot-four coal miner who had lived with his wife in the strikers’ tent colony at Holly Grove, was sent to the state penitentiary at Moundsville for five years on charges of assaulting a strikebreaker. Dan “Few Clothes” Chain of Eskdale also received a five-year sentence “for obstructing a railroad company in the use of its property.” RoccoSpinelli faced the same fate. His wife, Nellie, received a one-year sentence for harassing replacement workers and thereby violating the Red Man Act, a law enacted in 1882 to allow for the prosecutions of night-riding vigilantes who had engaged in “a conspiracy to inflict bodily harm on others.”
Note: Green gives names of prisoners: Newt Gump-8244, Dan Chain-8228, and Rocco Spinelli-8245. Note: This is the best book on Paint Creek-Cabin Creek Strike
that I have yet found.
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