Hellraisers Journal: West Virginia Supreme Court Affirms Martial Law and Military Commission in Case of Mother Jones, Editor Boswell, and UMW Organizers

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Quote Mother Jones, Willing to Die for Miners Cause, WDC Tx p14, Mar 12, 1913—————

Hellraisers Journal -Monday March 24, 1913
Charleston, West Virginia – State Supreme Court Upholds Martial Law

From The New York Times of March 22, 1913:

COURT AFFIRMS MARTIAL LAW
———-
West Virginia Judge Reject Miners’
Plea Against Gov. Hatfield.

WV Militia v Miners n Mother Jones, Missoulian p6, Feb 21, 1913

CHARLESTON, West Va., March 21.-In an opinion handed down late to-day the Supreme Court of Appeals affirms the right of the Governor to declare martial law and appoint a military commission.

The opinion was rendered in the case of “Mother” Mary Jones, Charles H. Boswell, Paul J. Paulson [Paulsen], and Charles Bartley [Batley] against Gov. Hatfield and members of the military commission, asking for a writ of habeas corpus to compel the Governor and military authorities to turn the petitioners over to the civil authorities. The petitioners denied the right of the Governor and the military commission to try persons apprehended outside the military zone of the Kanawha County coal fields.

The opinion, which was written by Judge  Poffenbarger, President of the court, holds that the Governor has the right to arrest out of military district all persons who shall give aid, support, or information to persons within the zone who break the laws. It further states that the Governor and military commission have the right to detain or imprison persons apprehended outside the martial law section. The court does not think the declaration of martial law or the creation of a military commission contravenes the Constitution of the Stale or of the United States.

Martial law will be continued indefinitely in the Kanawha coal field. Gov. Hatfield so announced to-day at the close of his personal investigation of conditions in the district.

He intimated that a rebellious spirit was being fomented by persons outside the district and threatened to arrest the agitators. He said:

“I am satisfied that by doing this I shall be well within the limits of the executive power and authority, and at the same time I will in this way obtain a further knowledge of the purpose of those who are rebellious for use in the determination of the question of the wisdom of resort to more extreme measures as a means of restoring the supremacy and due administration of civil laws…..”

Gov. Hatfield late to-day released four prisoners held by the military authorities in connection with the strike troubles. This makes a total of twenty-nine prisoners held by the military authorities who have been freed by the Executive within two days. Most of these, it is said, have never been tried, but several have important evidence against other prisoners. 

[Photograph and emphasis added.]

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Hellraisers Journal: Socialist Organizer John W. Brown Writes to His Wife from the Military Bull Pen at Pratt, West Virginia

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Quote Mother Jones, UMW Strong, Speech Charleston WV Levee, Aug 1, 1912—————

Hellraisers Journal -Sunday March 23, 1913
From the Bull Pen at Pratt, West Virginia: J. W. Brown Writes to His Wife

From The Wheeling Majority of March 20, 1913:

From The Bull Pen

 (John W. Brown Writes to His Wife.)
(Published by courtesy of Mrs. John W. Brown.)

Pratt, W. Va., March 9, 1913

My Dear Eva:

WV Soldiers v Miners, Missoulian p6, Feb 21, 1913

The boys are all tucked away in their blankets and not feeling sleepy myself I thought I would drop you a line. I have had but one letter from you since you were up here, in which you stated you had an ill spell due to your long wait in the cold the last time you were up. I sincerely hope you have fully recovered by this time. You must not take any chances that will impair your health at this time, there is too much pending, and too great a responsibility resting upon you. At times I feel grieved and angry with myself for having forced such responsibilities upon you, and my only consolation rests in the fact that you, at least, are cognizant of the motive back of my every act. The big clumsy old world has never yet understood the motives that prompt men to deeds of high resolve. Our Christian (?) civilization is based upon the assumption that we should bear each other’s burdens, yet, at every epoch in human history when a man appears who is big enough and man enough to attempt to lift those burdens from off the backs of those who can no longer bear them, society raises its murderous quietus “Crucify Him,” and thus as Lowell sang:

“Truth forever on the scaffold,
Wrong forever on the throne;
Yet that scaffold sways the future;
And behind the dim unknown
Standeth God, within the shadow,
Keeping watch above his own.”

With a due allowance of each man’s conception of “God” the sentiment quoted above expresses a great historical truth. As you have undoubtedly seen by the papers, Boswell, Batley, Parsons, “Mother” Jones, Paulson and myself have refused to acknowledge the jurisdiction of the Military Court, and therefore are not putting up any defence. You, perhaps, with others, do not see at this time the wisdom in such tactics, seeing that we are wholly at the mercy of this tribunal, but time will tell and justify the positions we take. If it was only myself personally that was concerned I would, for the sake of gaining my liberty and being free to go to you and the children, go before this court and defend myself. Nor have I the least doubt in my mind that I would come clear. But my dear, there are principles involved in this case infinitely deeper than the fate of any one citizen, if the capitalist class get away with this then constitutional government is dead; liberty is dead; and justice for the working class is a thing of the past. Already have they scuttled the ship of state; they have strangled Justice; they have cut the throat of liberty; they have stolen the jewel of liberty from the crown of manhood and reduced the victims of the burglary to slavery and to prison, and I repeat, if we let them get away with it, then in the future, whenever and wherever the interests of the working class and the capitalist class reaches an acute stage out will come the militia, the courts will be set aside and the leaders railroaded to the military bull pens and thence to the penitentiaries.

Here lies the great danger. This case can not now be settled until it has reached the bar of the Nation’s conscience. In order to do this this sleepy old public must have another victim. We boys have made up our minds to go to the pen, this will give the lawyers a ground to test the case before the Supreme Court and we will trust to our comrades to keep up the agitation. The history of this case must go to the common people. It must be told o’er and o’er again until the deafest ear will hear, and the numbest brain will act.

The American people must see Holly Grove and Hansford as I saw them on February 8, 9, and 10. They must not only see, but they must hear the moaning of the broken hearts and the wailing of the funeral dirge; they must see the hot tears of orphans and widows falling on the glassy eyes and bullet mingled faces of dead husbands and fathers; they must see these tented dwellings in the dead of winter and the poor wretches that occupy them. Aye; they must not only see but they must know the cause.

Pardon me, my dear, if I let my sentiment get away with me, it is one of my failings I know, but there is a good reason. On the 8th, I went into the undertaker’s office at Hansford. I reviewed the body of Estep who was shot the night before by the hired assassins who, under the orders of Sheriff Hill, passed through the village of Holly Grove the night before on the “Bull Moose” and who deliberately shot the town to pieces. The next morning I went into a vacant store. It was litterally full of women and children and little babies. You know my soft spot. Well this got it. One poor little mother was trying to nurse a pair of twins and my mind brought back many of those fancy stunts we used to pull off when you were nursing the twins. But O, my God, what a contrast. I couldn’t stand for it, I ran out, but I couldn’t run away from my conscience and from deep down in the farthermost remote regions of thought there sprang up an unanswerable question. Do what I would I could not get away from the accusation, and ever anon the still small voice would say, “Is this your handiwork?” “Is this what you give back to the sires who bled and died to make you free?” “Is this poor mother, plundered, profaned and disinherited, the Goddess of Liberty, the Mother of the Race, the Queen of the home? Is this poor creature, defiled and degraded man’s moral uplifter and spiritual illuminator? Oh, God! Oh, God!”

Why is it that such men as Markham go to a piece of inanimate canvas for inspiration? Why do they the theologians shout about the hell in the hereafter while the whole forest of humanity is on fire? Here the question raised in Markham’s “Man with the Hoe” is real flesh and blood and the question raised, “Is this the thing the Lord God made and gave, to have dominion over sea and land, to trace the stars and search the heavens for power?

To feel the passions of eternity.
Is this the dream He dreamed who shaped the suns
And pillared the blue firmament with light?
Down all the stretch of hell to its last gulf
There is no shore more terrible than this;
More tongued with censure of the world’s blind greed
More filled with signs and portents for the soul,
More fraught with menace to the universe!”

You will pardon these interrogatives, and if I have wandered too far away from my big old homely self forgive me for this time. You see it is so long since we had a talk together, and besides, my dear, we are on the brink of a precipice. No nation as yet has ever risen above the status of its womanhood. What woman is to man, man is to himself, and visa versa. This you and I understand but the great mass of the American people do not yet know that when a nation degrades and defiles its womanhood, and her children inherit her degradation and defilement, then, that nation is corrupt. Aside from the legal points and Constitutional rights, to say nothing of the economical right of the coal miner, here is a great moral side to this controversy which embraces the whole, but there, I will conclude for the present, if you are not ill yourself, and can get around to it, I wish you would send me by parcels post a change of underwear. Much as I would like to see you I would rather you would not come up here. I do not relish the thought of you having to wait in that tireless “Bull Pen” before the Military authorities condescend to allow you to see me.

Give my love to the children and kiss them all for me.

Lovingly and sincerely yours,
J. W. BROWN.

[Photograph, paragraph breaks and emphasis added.]

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Hellraisers Journal: Mother Jones Very Ill; Her Fate and that of Strikers Now in Hands of Militia Jury of Six Soldiers-Verdict Soon

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Quote Mother Jones, Willing to Die for Miners Cause, WDC Tx p14, Mar 12, 1913—————

Hellraisers Journal – Friday March 14, 1913
Pratt, West Virginia – Mother Jones Seriously Ill, Awaits Verdict of Militia Jury

From The Hinton Daily News and Leader of March 13, 1913:

MOTHER JONES IS NOW SERIOUSLY ILL
———-
The Fate of the 49 Strikers Are Now
In the Hands of the Militia Jury
of Six Soldiers-Verdict Soon
———-

Mother Jones WV, ISR Mar 1913
Mother Jones in West Virginia
with Children of Striking Miners

Charleston, March 13.-Mother Jones is reported to be seriously ill at the Military Camp at Pratt. She broke down completely and had to be carried out of the court this morning. She is getting the best of attention. Repeated adverse decisions seems to have the best of the labor worker and the condition may be serious.

The fate of the forty-mine miners and others, who are charged with violating the rules of the militia in the strike zone, are now in the hands of the military jurors, six in number. The last of the evidence for the prosecution was given yesterday and later there appeared two witnesses for the defense. With the close of their testimony, the cases then went to the soldier jurors.

[Photograph and emphasis added.]

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Hellraisers Journal: West Virginia Supreme Court Hands Mother Jones, Editor Boswell, Charles Batley, Paul Paulson, Etc. Over for Trial by Military Commission at Pratt

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Quote WB Hilton re Mother Jones Courage, ed Wlg Maj p10, Mar 6, 1913—————

Hellraisers Journal – Friday March 7, 1913
Charleston, West Virginia – State Supreme Court Rules against Miners

From The Wheeling Majority of March 6, 1913:

HdLn UMW Attorneys v Military Comm n WV Supreme Court, Wlg Maj p1, Mar 6, 1913

(Labor Argus Service.)

Charleston, W. Va., March 7.—(Special.)-By an order handed down by the supreme court of West Virginia on last Friday, Mother Jones, Charles H. Boswell, Charles Batley and Paul Paulsen were remanded to the custody of the military commission at Pratt. The court, after having the question of the legality of the military commission argued before it for five solid hours, with its customary evasiveness, said it was not called upon to decide whether the military commission had power to try the petitioners. It being apparent, said the court, that the governor has power, under the law, to detain rioters during the continuance of the disturbance, they would not release the prisoners nor turn them over to the civil courts for trial.

In the face of this dodging attitude of the court, the attorneys for the coal interests and the military court admitted that they were going to try the petitioners before the military commission. The court, however, ignored this fact and refused to give the petitioners a trial to jury, as is provided by the state and national constitutions.

Immediately following the action of the court the military authorities announced they would begin the trials of their victims on March 7. The attorneys for the miners, H. W. Houston and A. M. Belcher, refused to prostitute their profession and lend the color of legality to this anarchial proceeding by appearing before the commission. Their advice to the prisoners is to refuse to have counsel or witnesses and to refuse to answer any questions of the tin-horn bunch of khaki jurists.

—————

A Few Remarks

BY WALTER B. HILTON
[editor of The Wheeling Majority]

Wheeling Majority ed Walter B Hilton, Wlg Maj p4, Mar 6, 1913

HATS OFF to the striking West Virginia miners. They are putting up what is probably the best industrial fight ever waged by American workers. They have had used against the [very best] weapon that the capitalist class could buy with the money that was stolen from the miners in the first place. Thug ‘‘guards” were first employed, then the military and finally the courts. All were at the service of the coal barons of the state and all were hurled at the little fighting group of mine workers. And still they have not been crushed. Hundreds of them have been arrested, dozens have been sentenced, dozens have been killed, and yet such is their glorious spirit that the coal strike is not crushed.

The Kanawha county miners have shown the world an example of working class solidarity and splendid courage. Much of the credit is due “Mother” Jones, that wonderful old woman who went up in the regions controlled by the mine guards, places where no man could go, and agitated and educated and federated. Men organizers had tried it before, only to be beaten by the hired thugs and driven out. Some were killed. But for more than a year they feared to touch this little old woman, who carried her eighty years with her as she tramped the roads, climbed the mountains, walked the cross ties and waded the creeks, carrying the message of industrial solidarity to the thousands who, before her coming, were hopeless.

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Hellraisers Journal: From The Wheeling Majority: “Coal Barons Maim and Murder” Mother Jones Arrested; Industrial War Rages in Kanawha County, West Virginia

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Quote Mother Jones Buy Guns, Ptt Pst p1, Feb 14, 1913—————

Hellraisers Journal – Friday February 21, 1913
Kanawha County, West Virginia – Mother Jones Arrested; Class War Rages

From The Wheeling Majority of February 20, 1913:

Mother Jones Arrested, WV Class War, Wlg Maj p1, Feb 20, 1913

Continue reading “Hellraisers Journal: From The Wheeling Majority: “Coal Barons Maim and Murder” Mother Jones Arrested; Industrial War Rages in Kanawha County, West Virginia”

Hellraisers Journal: W. V. Strike Leaders, Mother Jones and Other Military Prisoners, Are Subjects of Habeas Corpus Writs

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Quote Kintzer re Mother Jones, WV Angel, ISR p393, Nov 1912—————

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.)

Mother Jones, Tacoma Tx p3, Feb 14, 1912

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.]

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Hellraisers Journal: Mother Jones Arrested; Holly Grove Captured and All the Men of the Town Taken into Custody by Militia

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Quote Mother Jones Buy Guns, Ptt Pst p1, Feb 14, 1913—————

Hellraisers Journal – Monday February 17, 1913
Charleston, West Virginia – Mother Jones, Editor Boswell, and Organizers Arrested

From The Pittsburgh Post of February 14, 1913:

“MOTHER” JONES ARRESTED;
MINE TOWN CAPTURED
———-
Socialists Charged With Inciting Rioting;
Militia Surrounds Miners’ Village.
———-

RIOT CALL AT CAPITOL
———-

(SPECIAL TO THE POST.)

Mother Jones, Tacoma Tx p3, Feb 14, 1912

CHARLESTON, W. Va., Feb. 13.-The arrest of “Mother” Jones, famous agitator; C. H. Boswell, editor of a Socialist paper in this city; Paul J. Paulson [Paulsen], of the international organization of the United Mine Workers of America; Frank Bartley [Charles Batley], a Socialist leader, and others here today, brought rapid developments in the Paint Creek strike situation.

“Mother” Jones and her associates are charged with conspiracy and as accessories before the fact in the death of Fred Bobbett, bookkeeper of the Paint Creek Colliery Company in Mucklow. “Mother” Jones, in a speech in Boomer last night is alleged to have urged the miners to come to Charleston today and “take” the capital. She was arrested this afternoon on one of a number of warrants issued, and with her associates will be taken before the military commission.

“Mother Jones” is reported as having said:

Buy guns, and buy good ones; have them where you can lay your hands on them at any minute. I will tell you when and where to use them.

Mother Jones, it is reported, held a meeting in Longacre, two miles below Boomer, at 10 o’clock this morning, and urged striking union miners to refuse to heed orders of the union president to return to work.

A rumor that miners were coming here to take the State capitol caused a sensation. When some miners and citizens began to gather a riot call was sent in from the capitol building, and the local police under Chief Albert Guill rushed to the State house. The streets about the building were crowded with people, most of whom, however, were drawn there by the riot call.

CAPTURE WHOLE VILLAGE.

Detachments from the troops stationed in the strike zone this morning surrounded the village of Holly Grove, which has been the hotbed of trouble makers since the strike broke out, and captured 68 men. With the men a large quantity of arms and ammunition was also taken. Every man in the little town, which is composed of tents and huts, was taken into custody. The women and children were not disturbed.

According to the military officials commanding in the strike zone, all the rioting and attacks made on troops and workmen have had their inception in Holly Grove. It was from this rendezvous that the strikers were wont to sally forth in parties and fire on the guards and others, in the Paint Creek valley. At the time the raid and arrests were made the population of Holly Grove was far below normal. Ordinarily there are several hundred strikers in the little town.

The 68 men arrested were taken to Paint Creek Junction and placed under a strong guard. With the 60 men who had been arrested previously and taken to Paint Creek Junction, today’s arrests swell the number in custody of the militia officials at that point to 128 men.

EXPECT TO CONVICT RIOTERS.

The militia admit they may not be able to prove that all the prisoners were implicated in the disorders in the Paint Creek region, but that they will be able to connect many of the suspects with the outrages, they say they have no doubt.

According to the civil authorities, who were in charge in Mucklow during the battle fought at that point last Monday night, the men implicated came from Holly Grove, and after the trouble had quieted down, returned to the little village and hid their arms.

The military authorities have not been able to get a copy of the proclamation issued by the miners in the Smithers Creek district, which declared they would “tear the heart of the sheriff, kill the governor and wipe the militia off the map,” although it is said that copies of these proclamations were posted in many conspicuous places throughout the district. Especially were copies of the notice freely distributed throughout the district where the foreign population is in the majority.

Four additional companies of militia were ordered to the strike district to-night by Governor Glasscock. Two are from Parkersburg, and one each from Morgantown and Sutton. Six companies are now in the field.

SAYS DEATH LIST IS 28.

HUNTINGTON, W. Va., Feb. 13.-That the death list in the Cabin Creek riot will total 26 instead of 16, is the statement of W. O. Robbett [Bobbitt], a mine superintendent, who brought his brother, Bob Robbett [Fred Bobbitt] who was killed in the riot, to this city for burial. Mr. Robbett [Bobbitt] made the positive statement that there were 24 miners and two mine guards, one of whom was his brother, a volunteer, killed.

[Photograph and emphasis added.]

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