to the form of the Statutes in such cases made and provided and against the peace and dignity of the Commonwealth of Ky. DANIEL BOONE SMITH, Commonwealth's Attorney, 26th Judicial District. Witnesses: Jim Henry Lee, Mrs. John R. Sevier, J. M. Purciful, John R. Sevier, Geo. H. Reese. A TRUE BILL. SAM VANBEVER, Foreman of Grand Jury. Presented by the foreman in the presence of the Grand Jury in open court this the 31st day of May, 1934. Bail, $1000.00. M. G. SLUSHER, Clerk ENDORSEMENT Comes the undersigned Commonwealth's Attorney protem and moves the court to enter an order dismissing this case, because after a careful investigation of the law the undersigned is convinced that the facts alleged in the indictment do not constitute the crime of malfeasance in office. And for the further reason that the witnesses were consulted by me and that Mrs. J. R. Sevier did not pay to the defendant the money set out in the indictment or any other money but will state that she sent said money by her husband John R. Sevier and she knows nothing further about it but what her husband told her. Also she and her husband are residents of Tennessee and after being requested to appear as witnesses at the regular May term of the court, did not appear and after having been found on one occasion in this state and having been supoenied as witnesses failed to appear in response to said summons. Further the clerk of the Bell County Court, J. M. Pursifull, states that he will testify that the defendant at one time tendered to the clerk the taxes of Mrs. John R. Sevier, but because he stated he did not collect enough to pay the taxes, interest, penalty that the said clerk would not receive same. But that at a later date the said defendant did pay to the said Clerk the taxes, interest, penalty and cost, which was credited by the Clerk on the proper book in his office and that all of this took place before the making of the indictment in this case. NOVEMBER 23rd, 1935. THE COMMONWEALTH OF KENTUCKY BELL CIRCUIT COURT MAY TERM 1934. The Commonwealth of Kentucky vs. Walter B. Smith. Indictment #264: Malfessance in office The Grand Jury of Bell County, in the name and by the authority of the Commonwealth of Kentucky, accuse Walter B. Smith, of the crime of malfeasance in office, by illegally collecting money thru color of his office as County Attorney and converting the same to his own use, committed in the manner and form as follow, to-wit: The said Walter B. Smith, in the said County of Bell and on the 31st day of May, 1934, and before the finding of this indictment, he being the duly elected, qualified and acting County Attorney of Bell County, Kentucky, did, feloniously, maliciously, wilfully and wrongfully and knowingly, by using the color of his office as the said County Attorney of Bell County, Kentucky, collect from Gillis Johnson $5.00 in cash money, the subject of larceny, the amount due upon his property in Bell County for County and State taxes for the year 1932; when he the said Walter B. Smith, knew, at the time, knew that he was not authorized to collect said money; and that after wrongfully collecting said money, he, the said Walter B. Smith, did, fraudulently convert the same to his own use, with the intention of fraudulently depriving the owner of her said property therein, contrary to the said form of the Statutes in such cases made and provided and against the peace and dignity of the Commonwealth of Kentucky. DANIEL BOONE SMITH, Witnesses: Gillis Johnson, Jim Henry Lee, J. M. Purcifull, James Fuson. A TRUE BILL. SAM VAN BEVER, Foreman of Grand Jury. Presented by the foreman, in the precence of the Grand Jury, to the Court and filed in open court, this 31st day of May, 1934. Bail, $1000.00. M. G. SLUSHER, Clerk. ENDORSEMENT Comes the undersigned, Commonwealth's Attorney protem, and moves the court to allow this case to be dismissed, because I have consulted with the witness Gillis Johnson, whose money the defendant is accused of converting to his own use and said witness states that he did not pay to the defendant, Walter B. Smith, any money at all at any time. I had information that the said Gillis Johnson had sent the money named in the indictment by James Fuson and I consulted the said James Fuson and he states that he has no recollection of the witness Johnson ever sending said money or any money by him which was delivered to the defendant or any one else. I have consulted the clerk's records and it shows that the money set out in the indictment was paid to the Clerk, J. M. Pursifull and credited on his records, but the clerk states to me that he does not know who delivered to him the money. That all he knows about it is his record, which shows that it was paid by Gillis Johnson. NOVEMBER 23RD, 1935. THE COMMONWEALTH OF KENTUCKY BELL CIRCUIT COURT MAY TERM, 1934 The Commonwealth of Kentucky, against Walter B. Smith. version #265 Indictment for con The Grand Jury of the County of Bell in the name and by the authority of the Commonwealth of Kentucky, accuse Walter B. Smith of the offense of Converting money, the property of another. Committed in manner and form as follows, to-wit: The said Walter B. Smith, in the said County of Bell on the 31st day of May 1934 and before the finding of this indictment, did unlawfully wilfully and felloniously and knowingly collect money from J. R. Wilson by using his position as County of Bell County to make said collection and did collect $10.75 in cash money the subject of larceny same being taxes due for State and County in the years 1931 and 1932 on his property in Bell County; and said Walter B. Smith did fraudulently convert the same to his own use with the fraudulent intention to permanently deprive the said J. R. Wilson of his property therein. Contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the Commonwealth of Kentucky. DANIEL BOONE SMITH, Witnesses: J. R. Wilson, Jim Henry Lee, J. M. Purcifull. SAM VAN BEVER, Foreman of the Grand Jury. Presented by the Foreman, in the presence of the Grand Jury, to the Court and filed in open Court, this 31st day of May, 1934. Bail, $1000.00. M. G. SLUSHER, Clerk Bell Circuit Court. By ROBT. HOLLINHSWORTH, D. C. ENDORSEMENT Comes the undersigned acting Commonwealth's Attorney in this case and moves the court to enter an order dismissing this case, because that he has given this indictment special study and is convinced from the law that a cause of action is not stated in this case and for the further reason that J. R. Wilson states that he paid to the defendant the money in question, and took his receipt for it, but that he is unable to find said receipt. Also the books of the county court clerk, J. M. Pursifull shows that said money was paid to said clerk and properly credited against the proprety of J. R. Wilson. The clerk states that he will certify to the fact that at the time said money was collected that the defendant tendered and offered to pay to said clerk said money, but that the said Clerk refused at that time to accept same because that the defendant had not collected all of the cost, but that later he paid to said clerk all of the principal, interest and cost. The Clerk does not know whether the defendant after he had made a tender of the money collected afterwards collected the remainder of the cost from J. R. Wilson or not. November 23, 1935. ENDORSEMENT E. N. INGRAM, Commonwealth's Atty. protem. DISMISSED On account of insufficient evidence to convict. E. N. INGRAM, Commonwealth's Att. Protem. EXHIBIT 3399 THE COMMONWEALTH OF KENTUCKY BELL CIRCUIT COURT. MAY TERM, 1934. The Commonwealth of Kentucky against Walter B. Smith. Indictment for conversion #266 The Grand Jury of the County of Bell in the name and by the authority of the Commonwealth of Kentucky, accuse Walter B. Smith of the offense of Converting money, the property of another committed in manner and form as follows, to-wit: The said Walter B. Smith in the said County of Bell, on the 31st day of May, 1934 and before the finding of this indictment did unlawfully, wilfully and feloni ously and knowingly collect money from Mrs. Ruth Wilson in the sum of $15.97, by using his position as County Attorney of Bell County to make said collection, the same being taxes due on her said property in Bell County for State and County for the year 1933; and did fraudulently convert the same to his own use with the fraudulent intention of permanently depriving the said Mrs. Ruth Wilson of her property therein. Contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the Commonwealth of Kentucky. DANIEL BOONE SMITH, Comlth's Atty. 26th Bell Circuit Court Dist., of Ky. Witnesses: Mrs. Ruth Wilson, Jim Henry Lee, J. M. Pursifull. A TRUE BILL. SAM VANBEVER, Foreman of Grand Jury. Presented by the foreman, in the presence of the Grand Jury, to the Court and filed in open Court, this 31st day of May, 1934. Bail, $1000.00. M. G. SLUSHER, Clerk Bell Circuit Court. By ROBT. HOLLINGSWORTH, D.C. ENDORSEMENT Comes the undersigned Commonwealth's Attorney protem in this case and moves the court to dismiss said case, because on investigating the proof in the case, he finds that the witness Ruth Wilson paid to the defendant the money set out in the indictment in this case and took his receipt therefor, but in talking to the witness J. M. Pursifull he finds that the witness will testify that immediately after the collection of said money by the defendant that the witness, who is the county court clerk of Bell County, will state that the defendant tendered what he had collected to the clerk and told him to credit same on the proper book of his office, but that said clerk would not accept said money because enough money had not been collected to pay the tax, interest penalty and cost. But that at a later date the defendant did pay to the said witness enough money to pay the taxes, interest, penalty and cost and that same was paid to him before the indictment in this case was made and had before said indictment was made been credited in his office on the proper book. I, Matt G. Slusher, Clerk of the Circuit Court in and for the aforesaid state and county, hereby certify that the foregoing is a true, correct and complete copy of the four indictments styled: The Commonwealth of Kentucky v. Walter B. Smith; also the complete endorsement of the Commonwealth's Attorney Protem, dismissing said indictments, as the same appears of records and on file in my office. Witness my hand and seal of office, this the 19th day of April, 1937. EXHIBIT 3400 BELL CIRCUIT Court M. G. SLUSHER, Clerk, Bell Circuit Court. MAY TERM, 4TH DAY, MAY 31ST, 1934. This day the Grand Jury came into court and answered to the call of their names and returned into Court the following report: Viz: Commonwealth of Ky vs Walter B. Smith, Malfeasons. Walter B. Smith, Malfeasons_. Bail $1000 1000 1000 1000 Each of which indictments were endorsed a true bill signed by the Foreman of the Grand Jury and returned into Court in the presence of the Grand Jury and filed in open Court and Bench Warrants ordered to issue on each of said indictments allowing him bail in the sum set opposite their names thereto. BELL CIRCUIT COURT APRIL TERM, 6TH DAY, APRIL 18, 1936 #263, Commonwealth of Ky v. Walter B. Smith, Malfeasance. #264, Commonwealth of Ky v. Walter B. Smith, Malfeasance. #265, Commonwealth of Ky v. Walter B. Smith, Conversion. #266, Commonwealth of Ky v. Walter B. Smith, Conversion. Upon motion of E. N. Ingram, Commonwealth's Attorney Protem, the above four indictments are dismissed for reasons endorsed on the indictments. STATE OF KENTUCKY, County of Bell: I, Matt G. Slusher, Clerk of the Circuit Court in and for the State and County aforesaid, hereby certify that the foregoing is a true and correct copy of the Order filing four indictments styled: Commonwealth of Kentucky v. Walter B. Smith and also the order dismissing the four indictments, as the same appears of record and on file in my office. Witness my hand and seal of office, this the 19th day of April, 1937. Clerk, Bell Circuit Court, Pineville, Bell County, Ky. EXHIBIT 3401 [Copy] In order to bring about peace and to guarantee both to the Pioneer Coal Company and to the members of the United Mine Workers of America their lawful rights. It is agreed by the Pioneer Coal Company that it will at once instruct its employes at Kettle Island to disarm themselves and that the representatives of the United Mine Workers may visit Kettle Island, going upon the highways, and that Arthur Jackson, Allen Brock, William Smith, M. Hudson and others will be instructed by Mr. Burchfield, who is present at this conference, not to arm themselves or to use any force or intimidation against the members of the United Mine Workers. These members of the United Mine Workers shall have the right and privilege, without molestation, directly or indirectly, to go upon the highways in and around Kettle Island, Kentucky, and upon the roads and pass ways leading to the Post Offices, to the Churches and to the Schools, but they shall not go into the Churches or School Buildings for the purpose of carrying on the activities of the Union, without the consent of the Company, and there they shall have the privilege, without being intimidated or interfered with, of talking to the miners whomever they meet or any miner that goes on the highways to talk to them. The members of the Union agree that they will use no force, threat or coercion and carry no arms while engaged in the business of soliciting membership in their Union. They further agree to recommend to the County Judge, D. M. Bingham, that the present warrants and prosecutions against certain employes of the Kettle Island camp, be continued and not prosecuted so long as this agreement is in effect. Dated at Pineville, Kentucky, this the 24th day of March, 1937. I, O. M. Hoskins, Clerk of the Harlan Circuit Court hereby certify that the following persons were duly appointed jury commissioners for the Year 1934: J. M. Blanton, H. K. Buttermore, T. F. Ward, for the year 1935, W. B. Hoskins, |