—————
Hellraisers Journal – Wednesday February 19, 1913
Charleston, West Virginia – Strike Leaders Seek Civilian Trials
From the Pittsburg Gazette Times of February 18, 1913:
Paint Creek Strike Heads Seek Release
———-“Mother” Jones and Other Military Prisoners
Subjects of Habeas Corpus Writs.
———-THEY WANT CIVIL TRIALS
———-(SPECIAL TELEGRAM TO GAZETTE TIMES.)
CHARLESTON, W. VA., Feb. 17.-On account of the issuance of writs of habeas corpus, returnable forthwith, against Gov. William K. Glasscock, Adjt. Gen. Charles D. Elliott, Maj. James I. Pratt, president, and the four other members of the military commission appointed to try cases in the martial law district, the military commission has been stopped in the trial of persons under arrest as members of the commission must appear in court tomorrow to argue the writs.
“Mother” Jones, Paul J. Paulson [Paulsen], Charles Boswell and Charles Batley, for whom the writs of habeas corpus were asked today, have not been brought to Charleston and will not likely be brought here unless the court tomorrow insists on their presence while the question of whether the prisoners shall be turned over to the civil authorities is being argued. This action compels the military authorities to produce what evidence they have against the prisoners for the court to determine whether the military commission has jurisdiction. The right of the governor to declare martial law and cause a military commission to be appointed to try all cases, is also to be determined.
The question of the governor’s right to declare martial law was decided in the affirmative in the Charles Vance case, but the right of the military commission to try persons arrested outside of martial law territory has not been determined. Attorneys for the accused believe the court will hold that the military commission has no authority in such cases and that the accused must be tried by the civil authorities, although the alleged offense was committed in what is now a martial law district, previous to the declaration of martial law.
The provost marshal, Capt. John C. Bond, reports no disturbances in the district today. It is known, however, that the militia is searching for persons wanted in connection with some of the recent disturbances.
[Photograph and emphasis added.]
~~~~~~~~~~~~~~~~~~~~~~~~~
SOURCES
Quote Kintzer re Mother Jones, WV Angel, ISR p393, Nov 1912
https://www.marxists.org/history/usa/pubs/isr/v13n05-nov-1912-ISR-gog-ocr.pdf
The Gazette Times
(Pittsburgh, Pennsylvania)
-Feb 18, 1913
https://www.newspapers.com/image/85740018/
IMAGE
Mother Jones, Tacoma Tx p3, Feb 14, 1912
https://chroniclingamerica.loc.gov/lccn/sn88085187/1912-02-14/ed-1/seq-3/
See also:
Hellraisers Journal – Tuesday February 18, 1913
Pratt, West Virginia – Mother Jones, Editor Boswell Held Under Martial Law
Insurrection and martial law.
Opinions of the Supreme Court of Appeals of West Virginia in the cases of state ex rel. Mays v. Brown, warden of State penitentiary, state ex rel. Nance v. same, and in re Mary Jones, Charles H. Boswell, Charles Batley, and Paul J. Paulson.
WDC, 1913
https://babel.hathitrust.org/cgi/pt?id=loc.ark:/13960/t3dz10b8q&view=2up&seq=7
Two Dissenting Opinions of Judge Ira E. Robinson of the Supreme Court of Appeals of West Virginia in the famous Habeas Corpus cases of Mags, Nance, “Mother Jones”, Charles Batley, Charles H Boswell and Paul J. Paulson. These citizens of the United States were tried by a Military Commission and imprisoned without a jury trial. Such trial having been denied them by the majority opinion of the Supreme Court.
The Kanawha Citizen Printers, Publishers and Binders
Charleston, West Virginia, 1913
http://cfss.indstate.edu/debspams/r6615t5_1917.pdf
The Kanawha Citizen of Charleston, W. Va., 1912-1955
https://chroniclingamerica.loc.gov/lccn/sn85059843/
Tag: West Virginia Court Martial of Mother Jones + 48 of 1913
https://weneverforget.org/tag/west-virginia-court-martial-of-mother-jones-48-of-1913/
Tag: Paint Creek-Cabin Creek Strike of 1912-1913
https://weneverforget.org/tag/paint-creek-cabin-creek-strike-of-1912-1913/
~~~~~~~~~~~~~~~~~~~~~~~~~
I Am A Union Woman – Deborah Holland