Tag: April 1922

Hellraisers Journal: Miners’ Tent Colony at Mingo County, West Virginia, Saved, for Now, from Coal Operators’ Injunction Judge

Janet RayeBattle of Blair Mountain of 1921
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Quote Mother Jones, Powers of Privilege ed, Ab Chp III—————

Hellraisers Journal – Sunday April 30, 1922
Mingo County, West Virginia – Miners’ Tent Colony Saved, for Now

From the Duluth Labor World of April 29, 1922:

TENT-SMASHING JUDGE CHECKED
BY HIGH COURT
———-
Circuit Court Stays Order to Drive Miners
and Families From Tented Homes.
———-

RICHMOND, Va., April 27.—Federal Judge McClintic’s injunction to smash the Mingo tent colony has been ordered held up by Hon. Martin A. Knapp, judge of the federal court of appeals, fourth circuit.

Mingo County WV Tent Colony, Rock Is IN Argus p14, Apr 17, 1922

Judge Knapp’s decision stays this order until it can be heard by the court of appeals. McClintic is also ordered to scrap his injunction machine until the court of appeals reviews his acts.

Several years ago this federal court of appeals set aside the notorious “yellow dog” decision by Federal Judge Dayton, since deceased. This decision legalized the individual contract whereby each worker ac­cepting employment agreed not to join a trade union. The reasoning of the court of appeals was rejected by the United States supreme court, which upheld the “yellow dog.”

—————-

CHARLESTON, W. Va., April 27. —In holding up Federal Judge Mc­Clintic’s injunction to destroy the Mingo tent colony and stop union organizing, the federal court of ap­peals at Richmond has temporarily clipped the wings of a judge who is openly charged with receiving his present position as a reward for sub­serviency to coal owners while he was a member of the West Virginia state senate.

McClintic is recognized as the au­thor of the West Virginia jury law which permits the prosecution to take a man charged with crime out of his county into another county for trial.

Under this law, which is now in effect, the trial of a striking miner can be transferred to a county like Logan, which is under the complete domination of Baldwin-Feltz gun­men.

When McClintic was appointed last year the A. F. of L. made strong objection because of his bias in fav­or of coal owners. The latest exhi­bition of this bias was shown by his issuance of an injunction that would oust hundreds of miners and their families from the only homes they have and which are located on land leased by the union.

The trade, unionists, made no pro­gress in blocking McClintic’s in­dorsement by the senate because he was supported by the two West Vir­ginia senators-Messrs. Sutherland and Elkins.

—————

[Photograph and emphasis added.]

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Hellraisers Journal: Rev. John E. Wilburn Will be Witness for Defense at Trial of Miners at Charles Town, West Virginia

Janet RayeBattle of Blair Mountain of 1921
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Quote Re Wilburn, Miner n Preacher, WVgn p11, Apr 28, 1922—————

Hellraisers Journal – Saturday April 29, 1922
Charles Town, West Virginia – Rev. John E. Wilburn to be Witness at Trial of Miners

From The West Virginian of April 28, 1922:

PASTOR ACCUSED OF TREASON
MAIN MINERS’ WITNESS
———-
Kept in Solitary Confinement More Than
a Month and Then Handcuffed.
———-

By C. C. LYON

 

WV Rev John Wilburn, WVgn p11, Apr 28, 1922

CHARLES TOWN, W. Va., April 27.-Counsel for the hunreds of West Virginia miners on trial here for alleged treason and murder in connection with their armed March to Logan county last August are only waiting a chance to put the Rev. John E. Wilburn, for five years pastor of the Baptist church at Blair, Logan county, on the stand as their star witness.

Rev. Wilburn himself has been held without bail, he was brought in handcuffs to Charles Town from Logan. He is now in jail here.

In court he is the center of all eyes.

Reign of Terror

On the witness stand the Reverend Mr. Wilburn will tell a story of the reign of terror in the Logan and Mingo county coal fields of the “‘battle of Blair Mountain” where men died on both sides, of the alleged mistreatment of miners and their families by the deputies said to have been hired by the coal operators, and of his own mistreatment in the Logan county jail following his arrest.

A round-shouldered, tired little man, with kindly blue eyes, a soft voice and an almost saintly manner-that’s Mr. Wilburn.

Not a word of complaint against anybody has passed his lips.

His Experiences

Mr. Wilburn told me his story here in the Charles Town jail.

 [He said:]

I am 45 years old and was born in the mountains of Tennessee. I received a common school education and at 16 I was converted to Christ and joined the Baptist Church.

The ambition of my life was to become a minister, but we were very poor, so I went to work in the coal mines to earn a living while I studied. 

I was miner and student for nine years before I was ordained a minister. That was 22 years ago.

I saw that my field of usefulness lay with my own people in the mining camps. But they were too poor to maintain their churches so I went on working in the mines to support my family while I preached.

Family Prayer Daily

I am the father of five sons and three daughters and never has there passed a day at our home that we haven’t had our family prayers.

Five years ago I became pastor of the Baptist Church at Blair, Logan county. At the same time got a job as track-layer in a union mine. My three sons also worked in this mine.

I was put in solitary confinement [because of?] all the trouble there.

In September I went back to my old home in Tennessee to conduct a series of revival services and it was not until January that I learned that the Logan County grand jury had indicted me for alleged participation in the “battle of Blair Mountain.”

I immediately wrote Sheriff Don Chafin that I would come back if he wanted me, but, not hearing from him, I continued my revival meetings. When I returned to Logan County in March I was dumbfounded to learn that I was under indictment for murder and treason.

I was jailed at Logan. My two sons, John 18, and Frank 16, had been in jail without bond since December 31. A third son, Isaac, had been in jail but was admitted to bond. 

The authorities offered me many inducements to turn state’s evidence and testify against the miners but I spurned their offers.

I was put in solitary confinement in the Logan jail on March 14 and remained in solitary confinement until Saturday, April 22, when I was handcuffed to another miner and brought to Charles Town.

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Hellraisers Journal: Hired Gunthugs Acquitted of Murder in Killing of Miners’ Hero Sid Hatfield at Welch, West Virginia

Janet RayeBattle of Blair Mountain of 1921
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Quote Sallie Chambers re Murder of Sid Hatfield n Ed, Blt Sun p2, Aug 5, 1921—————

Hellraisers Journal – Thursday April 27, 1922
Welch, West Virginia – Gunthugs Acquitted of Murder in Killing of Sid Hatfield

From the Baltimore Sun of April 25, 1922:

Three Are Acquitted Of Hatfield Killing
———-

Matewan Defendants Sid Hatfield n Ed Chambers, WV Hx Center, see also UMWJ p14, June 15, 1921

Welch, W. Va., April 24.-The final chapter in one of Mingo’s numerous industrial tragedies was written here today when a jury in Circuit Court returned a verdict of not guilty against C. E. Lively, Buster Pence and William Salters, indicted in connection with the killing of Sid Hatfield.

A similar verdict was returned when the same defendants were tried on charges of having killed Ed Chambers.

On August 1 last, Hatfield and Chambers came to Welch to answer for the part they were alleged to have played in the shooting up of the little mining town of Mohawk. As they were walking up the Courthouse steps, near where the three defendants were standing, a shot was heard, and when the smoke of general shooting cleared away the bodies of Hatfield and Chambers lay at the bottom of the steps.

They were accompanied by their wives when the shooting occurred.

Lively was the chief witness against Hatfield and the other men who were tried in connection with the killing of seven private detectives at Matewan. In that fight 10 men met death, including Mayor C. C. Testerman.

Shortly after this affray, Hatfield married Testerman’s widow, and soon after Sid went down at Welch his widow married a State trooper. 

—————

[Photograph and emphasis added.]

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Hellraisers Journal: West Virginia Miners Resent Treason Charge; Declare They Are as Patriotic Citizens as Anybody

Janet RayeBattle of Blair Mountain of 1921
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Quote Fred Mooney, Mingo Co Gunthugs, UMWJ p15, Dec 1, 1920—————

Hellraisers Journal – Wednesday April 26, 1922
Charles Town, West Virginia – Miners Resent Treason Charge

From the Baltimore Sun of April 25, 1922:

(From a Staff Correspondent.)

Charles Town, W. Va., April 24.-Attacking directly the indictment charging treason, attorneys for the defense in the big industrial trials which opened here this morning began their fight to clear more than 100 men, mostly members of the United Mine Workers of America, of charges growing out of the armed march from Marmet, Kanawha county, to Logan county last August and September.

Entering a demurrer to the treason indictment, which covers 23 defendants, had been expected, and from the legal point of view is regarded as purely a routine move. From the moral point of view, however, and particularly , considering the effect it may have on public pinion, the outcome of the maneuver is regarded by the defense as of paramount importance.

Treason Charge Resented.

Indictments for murder and conspiracy were more or less expected in the circumstances by the United Mine Workers, but the indictment for treason always rankled. It is their contention that they are as patriotic citizens as anybody, and that they never for an instant contemplated war on the constituted authorities of the United States or West Virginia.

The arguments today, therefore, were followed with more interest than was usual at such a stage  an ordinary trial, and many of those accused betrayed not a little tenseness as the attorneys held forth.

The arguments on which the demurrer was based were largely technical, fault being found in one instance with the language of the indictment, and in another with the alleged general character of the offenses charged. The tediousness of the arguments, however, never for an instant acted to break attention with which the case was followed by the crowd in the courtroom.

Judge J. M. Woods, of Martinsburg, who is presiding, reserved his decision on the demurrer until the morning, and court adjourned about 3.30 this afternoon.

Crowd Has Holiday Air.

The crowd in front of the Courthouse this morning, far from presenting the grim aspect you might expect from men about to go on trial for their lives, were rather a holiday air. The defendants had been provided with ribbons reading “U. M. W. A. – Defendant,” which made them look more like a lot of delegates to a fraternal order convention than men accused of the most serious crimes on the statute books.

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Hellraisers Journal: Charles Town, West Virginia, Stage Set for Trial of Miners; Nine Miners Marched Through Town in Chains

Janet RayeBattle of Blair Mountain of 1921
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Quote Wm C Blizzard, Nine Miners in Chains Charles Town WV Apr 23, 1922, When Miners March p294—————

Hellraisers Journal – Tuesday April 25, 1922
Charles Town, West Virginia – Stage Set for Trial of Miners

From the Baltimore Sun of April 24, 1922:

HdLn Charles Town WV Stage Set for Trial of Miners, Blt Sun p1, Apr 24, 1922

(From a Staff Correspondent.)

Charles Town, W. Va., April 23.-Excited, nervous, confident here, depressed there, a small army of defendants, witnesses, attorneys and newspaper men has taken possession of Charles Town on the eve of the trials of more than 200 men on charges including treason, murder and conspiracy, growing out of the “armed march” from Marmet on Logan county last summer.

It is estimated that fully 1,000 persons are in the little county seat of Jefferson county in connection with the trials.

Trials Are Sole Topic.

All over town, in the lobbies of the hotels, on street corners, gathered in knots here and there, they are discussing one thing-the trials. They have been arriving since Friday. A grim incident this morning was the arrival of nine men in handcuffs from Logan county. They were those who are unable to get bail after being indicted in Logan last year. They were escorted to the Charles Town jail.

Central figures in the whole West Virginia industrial controversy already are in town and others are expected tomorrow and on succeeding days. There is C. Frank Keeney, president of District No. 17, United Mine Workers, and the man, who, it is believed, will be the target for the heaviest artillery of the prosecution. He faces a charge of treason and is alleged to have instigated and aided the alleged insurrection. With him are Mrs. Keeney and their son. He is at one of the hotels, smiling and high-spirited as usual.

There is Fred Mooney, secretary of District No. 17, also charged with treason. He is a bit more self-contained than Keeney, yet you would scarcely know he was to be tried on a charge that might bring his neck into a noose.

Scores Of Notables Present.

There is H. W. Houston, chief counsel for the defense, often called the “brains of the United Mine Workers in West Virginia.” There is William Blizzard, accused of being the “generalissimo of the insurrection.” There are a half-dozen special lawyers engaged by the prosecution, famous in the annals of West Virginia criminal procedure. There are scores of others of lesser prominence, though all are well enough known in their localities.

Before the week is out, Gov. E. F. Morgan will be here, having been subpoenaed by both sides. William M. Wiley, of Sharples, picturesque figure among the operators, around whose mines the fighting raged last summer, will be called. John L. Lewis, international president of the United Mine Workers, will be here Tuesday.

One big, outstanding figure, however, from all that can be learned, will not be here. He is not here tonight and it is reported he will not come. That is Don Chafin, Sheriff of Logan county. Chafin has been for years the bete noir of the United Mine Workers. He has worked against them, resisted two armed marches, and in general earned for himself the undying hatred of many connected with the big mine union…..

—————

[Emphasis added.]

From the Baltimore Sun of April 23, 1922:

Keeney, Mooney to Charles Town WV for Trial, Blt Sun p9, Apr 23, 1922

In the center is C. Frank Keeney, president of District 17, United Mine Workers of America, and active leader of the union forces of Southern West Virginia. Mr. Keeney has been indicted in Logan county for treason and conspiracy. He has also been indicted in Kanawha county for alleged conspiracy and in Mingo county on charges of murder. At the left is Fred Mooney, secretary-treasurer of District 17, United Mine Workers, with headquarters at Charleston. Within 10 miles of the capital the armed march on Logan county started last fall. Mr. Mooney faces charges of treason and conspiracy. At the right is William M. Wiley. He lives in Sharples, W. Va., on the Boon-Logan county line, where the battle raged over a front of 25 miles in the wilderness. He is vice-president of the Kanawha Coal Operators’ Association and vice-president of the Boone County Coal Corporation, with five large operations on the organized edge of Logan county. He employs 1,500 union miners. He will be a principal witness in the trials at Charles Town. He gave sensational testimony before the Senate Committee on Education and Labor in Washington recently, which investigated the armed march, and of which committee former Senator Kenyon was chairman.

[Emphasis added.

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Hellraisers Journal: Justice Dept. Considers Amnesty for Nef, Fletcher, Walsh and Doree of Philadelphia Marine Transport Union

Janet RayeHellraisers Journal
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Quote Matilda Robbins ed, Ben Fletcher, p132 PC—————

Hellraisers Journal – Saturday April 22, 1922
Washington, D. C. –  Amnesty Possible for Fletcher, Nef, Walsh and Doree

From the Baltimore Sun of April 20, 1922:

HdLn Amnesty Move for Fletcher Nef Walsh Doree, Blt Sun p13, Apr 20, 1922

(From The Sun Bureau.)

Washington, April 19.-In the face of a renewed effort, led by the American Civil Liberties’ Union, to secure the pardon or commutation of sentences of 113 so-called political prisoners who still are in Federal prisons, it was learned today that the Department of Justice has no thought of recommending amnesty for the group. It is willing, however, to take up individual cases in the usual way, it is said. Apparently only Presidential intervention can accomplish general amnesty, and of that there is no sign. 

Four cases are now concretely before the department-those of Walter T. Nef, Ben Fletcher, John J. Walsh and Edward F. Doree. They were members of the Marine Transport Workers’ Union, of Philadelphia, which is affiliated with the I. W. W. They were sentenced to prison by Judge Landis, in Chicago, because of their activity in the I. W. W., although, it is asserted by their friends, they had been wholly loyal to the Government in their work at Philadelphia.

No Evidence Yet Of Disloyalty.

Investigation made thus far by the Department of Justice has failed to disprove contentions of champions of Nef, Fletcher, Walsh and Doree that the Transport Workers’ Union in Philadelphia, which Nef, dominated and which embraced practically all of the dock workers in Philadelphia, performed its work with complete loyalty to the Government.

Dr. Frederick Edgerton, of the University of Pennsylvania, a champion of the men, has said that the Philadelphia dock workers did better than those anywhere else. 

Dr. Frederick Edgerton has said that enormous quantities of munitions were shipped from Philadelphia during the war without a single accident at the dock or on any ship loaded at the dock; that many accidents occurred at other ports, and ships loaded elsewhere were taken to Philadelphia and reloaded. He also asserted that there was no strike in 1917 among the Philadelphia longshoremen, although strikes occurred elsewhere; that Nef used his influence against a strike, and also intervened against strikes in Boston and Baltimore; that many of the members of the Philadelphia union entered the service and that the members of the union bought $115,000 of Liberty bonds.

Thinks Record Should Count.

All of this, according to Dr. Edgerton and others, should outweight any significance that may attach to the activity of the four men in the central organization of the I. W. W., which led to their indictment and conviction with a large number of others, under the Espionage act, on charges of conspiracy. And it seems that Government officials, so far as they have gone into these cases, have no evidence that the men were not helpful to the Government at Philadelphia or that they were guilty of any overt acts elsewhere.

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Hellraisers Journal: Jack Sellins, Seeks Justice for His Mother, Martyred Mine Workers’ Organizer, Fannie Sellins

Janet RayeFannie Sellins
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Quote M. Robbins, for Fannie Sellins, Wkrs Wld p4, Nov 28, 1919—————

Hellraisers Journal – Sunday April 2, 1922
Jack Sellins Seeks Justice for Murder of Fannie Sellins and Joseph Starzeleski

From the United Mine Workers Journal of April 1, 1922:

 

SON SEEKS JUSTICE
———-

ASKS THAT SLAYER OF HIS MOTHER,
MRS. FANNIE SELLINS,
BE BROUGHT TO JUSTICE
———

WNF Sellins Starzeleski Monument, The Woman Today p9, Sept 1936

Editor of the Journal: I am writing you concerning the bringing to justice the persons responsible for the death of Fannie Sellins and Joseph Starzeleski, who were murdered in wanton cold blood over two and a half years ago.

For this length of time every effort has been made to find the persons responsible for this crime, and on January 26, last, three deputy sheriffs were arrested for the murder. Even on the information on which the arrests were made the court granted them their liberty on bail, which was only $2,500. However, on February 14, the grand jury returned an indictment against the three, and we are now waiting for a date for the trial to be set.

The three men indicted are: Edward Mannison, John Pierson and James Reilly, former deputy sheriffs.

A copy of a resolution is herewith enclosed asking that the two attorneys we have employed be appointed as special district attorneys. I would like to see this resolution adopted by local unions over the country and be sent to president judge of the Allegheny County courts.

Fraternally yours,
JACK SELLINS.

The writer of the above is a son of Mrs. Fannie Sellins, so brutally murdered by deputy sheriffs in the Brackenridge mine strike. He has had a heroic effort to have the slayers of his mother brought to justice, and says he is taking no chance of a failure of prosecution in the hands of the district attorney’s office.

The resolution is as follows:

Whereas, The District Attorney of Allegheny County has failed to proceed with the prosecution of the murderers of Fannie Sellins and Joseph Starzeleski, or to take any action to bring these offenders to trial, said murders having been committed at West Natrona, Pa., on Aug. 26, 1919;

Be it Resolved, That we believe that private counsel should be employed for that purpose, and that the court be asked to appoint two attorneys as special deputy district attorneys to take charge of said prosecution, and, further, we recommend that the court appoint John S. Robb, Jr., Esq., of Pittsburgh, Pa., and Victor B. Benton, Esq., of New Kensington, Pa., as such special deputy district attorneys, and that a copy of this resolution be mailed to the president judge of Allegheny County courts.

—————

[Photograph and emphasis added.]

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