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Q. 6. To make an affidavit before Mr. Timko?-A. I don't know. I didn't ask him. He said on some business, but I didn't ask him what kind of business.

Q. 7. He did not tell these officers he had been to Middlesboro?-A. No, he said he had been to town.

Q. 8. Had you received a house notice?—A. Yes.
Q. 9. When?-A. On Wednesday. I was not at home when he got it.
Q. 10. Have you been put out?—A. No, sir. Not yet.
Q. 11. That was just a notice from the company, was it not?--A. Yes, sir.

Q. 12. Not from an officer here in the County)-A. From C. M. Wright, I reckon. Q. 13. It was a notice from the company?-A. Yes, from Mr. Wright.

COURT. Do you know of anybody being beaten up?

The WITNESS. I have not seen any. I received a letter from my husband Saturday and he said he was not coming back until he received the protection, that he was afraid to come back.

COURT. You may write him and tell him to come back and we will give him all the protection he needs. Witness Excused.

The next witness called was Nancy MARTINELLA, who, after first being duly sworn, testified as follows on direct examination:

Q. 1. Tell the Court what has been done or said to you or to your husband?A. Well, the Sheriff came in.

Court. Who are you talking about?

The WITNESS. Mr. Ball, and another man. Q. 2. Go ahead.-A. Mr. Ball and a man, I cannot call his name, they walked in my house just like bears, and stood over him until he got his shoes on and handed him a house warrant, and talked to him and then walked out.

Q. 3. What did they take your husband, if anywhere?—A. Down here and put him in jail. I am left up there with two children. I begged for him, and begged them not to put him in jail, and they said they would have to put him in a jail for being drunk. I was afraid to stay there at home that night. I couldn't sleep. I was afraid.

Q. 4. Where was your husband when they came in?-A. He had just got out of bed, and was putting h's shoes on.

Q. 5. Was it early in the morning?-A. Yes, about sun up.
Q. 6. Had you had breakfast?-X. No.

Q. 7. Did they arrest him and take him away without any breakfast?-A. Yes sir,

Q. 8. What for?-A. For talking about the boys that had been working.
Q. 9. Did they have a warrant?-A. They said they did.
Q. 10. Did they read any warrant to him?-A. I don't know.
Q. 11. Did you see it?-A. No, sir.

Cross-examination by Mr. FUSON:
Q. 1. Did they beat your husband up?-A. No, sir.

Q. 2. Did you make any statement there about not having any food or asking them for any food for your family? Did you ask for food for your family?A. When the Sheriff came in?

Q. 3. Did you say you had plenty of food and you would be taken care of? Didn't you say that?-A. Yes. I sent a friend to the store and called for script. I could make out, and I said my life might be hard, but I said I would feed my children.

Q. 4. You said you had plenty of food, didn't you?-A. And I said I was going to feed my hogs.

Q. 5. Didn't Mr. Mathews apply to get money to feed your hogs for you?

No.

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th Mr. Parsons there and tell him the man trip was
No, I never said that.
Mr. Parsons?—A. Thursday morning.
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Q. 5. What did he do with the pistol?—A. I don't know.
Q. 6. Did he do anything else?-A. No.
Q. 7. Were you doing anything to anybody?-A. No, sir.

Cross-examination by Mr. Fuson:
Q. 1. Where was that?-A. At Shields.
Q. 2. When was that?—A. Yesterday evening.
Q. 3. What time?-A. I don't know.
Q. 4. About what time?-A. Between four and five.
Q. 5. Is Tom Holmes a Deptuy Sheriff?-A. Not that I know of.
Q. 6. Did you report that to any officer?-A. No.
Q. 7. Is Tom Holmes one of the owners of the mine?-A. Yes.
Q. 8. Who did you report this to?-A. I reported it to my wife.
Q. 9. Did any deputy sheriff do anything to you?-A. No, sir.
Q. 10. Did he hit you or do anything to you?-A. No.

Q. 11. Did you draw a knife on Tom Holmes?-A. No. I was standing there whitteling.

Q. 12. Who did you report this to?-A. My wife is the only one.
Q. 13. Do you know how these men come to find it out?-A. I don't know.
Q. 14. Were you summoned down here?-A. They came up and got me.
Q. 15. Who?-A. I don't know.

Two men.
Q. 16. Did they have a summons?-A. No.
Q. 17. Just came up there after you in a car.

(Objection. Court sustains objection.)
Q. 18. I would like to know who brought you down here.

(Attorney for Mr. Timko objects.)

Court. That does not make any difference.
Q. 19. Where did he get this pistol?-A. Under his over-all belt.
Q. 20. Did they arrest him?-A. I don't know.
Witness excused.

(The witness, Bud Jones, was recognized to appear before the Grand
Jury on the 25th day of November, 1935.)
The next witness called was Daisy Hale, who, after first being duly sworn,
testified as follows on direct examination:

Q. 1. What is your name?--A. Elizabeth Hale.
Q. 2. Where do you live?-A. Draper.
Q. 3. Are you married or single?--A. Married.
Q. 4. Where is your husband?-A. In Tennessee.
Q. 5. When did he leave?-A. On last Thursday.

Q. 6. Did anything happen to him at your home just before he left?-A. The night before.

Q. 7. Tell what you know about it.-A. He was coming in from Middlesboro with Mr. Bryant, and in a few minutes Brutus Metcalf and Avis Metcalf, or Avis Hensley, I believe it was, came to the door, and they started talking rough to him, and I got up too and went in there, and they were cursing him. And they told him he went to sleep awful god damn quick, and he said, “Yes", and they asked him where had he been and he had been to town and they said, 'You are a god damn lier”, said you have been down the pike, and they asked him who brought him home, and he said a taxi. and they called him a god damn lier again, and they said, “I will advise you to get out”, and they said the men that had been given house notices had better get out because they were going to take the law of Harlan County in their own hands, and they said, “We will run the law ourselves”. They asked him why was he away from his family, and made him tell who was with him.

Q. 8. Did these men have pistols?-A. They were armed, yes.

Q. 9. What else took place?-A. They asked him if he would get out, and he said he would get out as quick as he could get a house. I don't remember exactly everything they said.

Q. 10. Why is your husband in Tennessee now?-A. Because they advised him to get out.

Cross examination by Mr. Fuson:
Q. 1. What is your name?-A. Elizabeth Hale.
Q. 2. What is your husband's name?-A. Nathan Hale.
Q. 3. Did they abuse him in any way?-A. No, just the bad talk is all.
Q. 4. Where had he been that day?-A. To Middlesboro.
0. 5. What for?-A. I don't know.

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Q. 6. To make an affidavit before Mr. Timko?-A. I don't know. I didn't ask him. He said on some business, but I didn't ask him what kind of business.

Q. 7. He did not tell these officers he had been to Middlesboro?—A. No, he said he had been to town.

Q. 8. Had you received a house notice?-A. Yes.
Q. 9. When?—A. On Wednesday. I was not at home when he got it.
Q. 10. Have you been put out?--A. No, sir. Not yet.
Q. 11. That was just a notice from the company, was it not?—A. Yes, sir.

Q. 12. Not from an officer here in the County?-A. From C. M. Wright, I
reckon.
Q. 13. It was a notice from the company?--A. Yes, from Mr. Wright.

Court. Do you know of anybody being beaten up?

The WITNESS. I have not seen any. I received a letter from my husband Saturday and he said he was not coming back until he received the protection, that he was afraid to come back.

Court. You may write him and tell him to come back and we will give him all the protection he needs. Witness Excused.

The next witness called was NANCY MARTINELLA, who, after first being duly sworn, testified as follows on direct examination:

Q. 1. Tell the Court what has been done or said to you or to your husband?A. Well, the Sheriff came in.

Court. Who are you talking about?

The WITNESS. Mr. Ball, and another man. Q. 2. Go ahead.—A. Mr. Ball and a man, I cannot call his name, they walked in my house just like bears, and stood over him until he got his shoes on and handed him a house warrant, and talked to him and then walked out.

Q. 3. What did they take your husband, if anywhere?--A. Down here and put him in jail. I am left up there with two children. I begged for him, and begged them not to put him in jail, and they said they would have to put him in a jail for being drunk. I was afraid to stay there at home that night. I couldn't sleep. I was afraid.

Q. 4. Where was your husband when they came in?---A. He had just got out
of bed, and was putting h's shoes on.

Q. 5. Was it early in the morning?--A. Yes, about sun up.
Q. 6. Had you had breakfast?-X. No.

Q. 7. Did they arrest him and take him away without any breakfast?—A. Yes sir.

Q. 8. What for?-A. For talking about the boys that had been working.
Q. 9. Did they have a warrant?-A. They said they did.
Q. 10. Did they read any warrant to him?-A. I don't know.
Q. 11. Did you see it?-A. No, sir.

Cross-examination by Mr. Fuson:
Q. 1. Did they beat your husband up?-A. No, sir.
Q. 2. Did you make any statement there about not having any food or asking
them for any food for your family? Did you ask for food for your family?-
A. When the Sheriff came in?

Q. 3. Did you say you had plenty of food and you would be taken care of?
Didn't you say that?-A. Yes. I sent a friend to the store and called for script.
I could make out, and I said my life might be hard, but I said I would feed my
children.

Q. 4. You said you had plenty of food, didn't you?-A. And I said I was going to feed my hogs.

Q. 5. Didn't Mr. Mathews apply to get money to feed your hogs for you?— A. No.

COURT. I am interested in finding out what was done up there. Q. 6. Did you have a talk with Mr. Parsons there and tell him the man trip was liable to be sawed in two?-A. No, I never said that.

Q. 7. When did you talk to Mr. Parsons?—A. Thursday morning.

Q. 8. Didn't you tell him then that the man trip was liable to be sawed in two?-A. No, I didn't.

Q. 9. Did you husband, at the time he was arrested, tell them it was dangerous to go to work?-A. No, I couldn't tell you.

Re-direct examination:
Q. 1. Where is your husband now?—A. Still up here in jail.
Witness excused.

The next witness called was MARGIE WILSON, who, after first being duly sworn, testified as follows on direct examination:

Q. 1. Where do you live?-A. At Evarts.
Q. 2. Are you married or single?-A. Married.
Q. 3. What is your husband's name?-A. Charlie Wilson.

Q. 4. Tell anything that has been said or done to you or your husband?A. Sunday we went walking down the road and Minton and two more fellows, stopped us and said we had called them thugs and they said if we made another smart remark like that they would run us out.

Q. 5. Had you call them thugs?—A. No. I just came in Friday night, and I don't know anything about any trouble.

Q. 6. Was anybody else there?-A. No, sir.
Q. 7. It was on the public road?—A. On the State Highway.

Cross examination by Mr. Fuson:
Q. 1. Who was that that said that to you?—A. Mr. Minton.

Court. Who is Mr. Minton?
The WITNESS. A deputy sheriff, I

suppose. Q. 2. Do you know whether he is or not?-A. He is up at Clover Splint.

Q. 3. Don't you know there is no deputy sheriff up there by that name? A. I don't know. He has only one eye.

Q. 4. Did he hit you?-A. No, sir.
Q. 5. Did he hit your husband?-A. No.

Q. 6. Were they armed?-A. I didn't see no gun. I was on the road and he was in the car.

Q. 7. Where do you live?-A. At Evarts.

Q. 8. Then you do not lives up at Clover Splint?-A. No. My mother lives there.

Q. 9. Where did this take place?-A. At Closplint.
Witnessed excused.

The next witness called was Mrs. LAWRENCE, who, after first being duly sworn, testified as follows on direct examination:

Q. 1. What is your name?-A. Mrs. Julus Lawrence.
A. 2. Where do you live?-A. At Closplint.

Q. 3. Has anything been said or done to you in the last few days?-A. Yesterday morning Mr. Ball came in my house and my man was in the kitchen, and they told me “Where is my man, and I told bim and Mr. Ball, he had a house notice, and he gave it to me, and he came up to me and said, "Woman, I don't want to catch you in the road, and shut your mouth, or I am going to take you to jail”. Q. 4. Have you got the house notice?—A. Yes, sir. I have it right here.

Court. Let me see it.

The WITNESS. I was scared for my crippled man that they were going to hit him on the head.

COURT. Did the deputy sheriff hit him?
The WITNESS. No, sir.
COURT. Did he hit anybody?
The WITNESS. Not that I know of.
COURT. Did he do anything but talk?

The Witness. No, sir.
Witness excused.

The next witness called was Mrs. HOWARD WILLIAMS, who, after first being duly sworn, testified as follows on direct examination:

Q. 1. Where do you live?-A. Closplint, Kentucky.
Q. 2. What is your husband's name?-A. Howard Williams.
Q. 3. The one that is said to have been kidnapped?—A. Yes, sir.
Q. 4. Tell the Court what you know about it.

COURT. Does she know anything more than has been told?
The WITNESS. No, sir.

COURT. I do not see the need of her testifying.
Witness excused.

The next witness called by the Court was Captain BURCHILL, who, after first being duly sworn, testified as follows on

Direct examination by Mr. SNYDER:
Q. 1. Are you in the United States army?-A. In the Reserve Corp.
Q. 2. Where are you located?-A. On Puckett's Creek.
Q. 3. Do you know William Clontz?-A. No, sir.

Q. 4. Do you know M. A. Music? Two of the local workers of the Union?A. I have seen them.

Q. 5. Did someone talk to you yesterday, did one of these fellows talk to you yesterday?-A. I talked to some fellows, but I don't know their names.

Q. 6. Have you seen them, and have you since learned their names?-A. One told me his name, and said he was from Madisonville or somewhere near there.

Q. 7. Did they point out Mr. Bryant to you?-A. Yes, sir.
Q. 8. What did they tell you had been done to Mr. Bryant?

(Counsel for Mr. Timko objects. Court over-rules objection.) A. They said that man had been beaten up, they pointed him out to me, and they said he had been beaten up and put in the hospital.

Q. 9. Did you hear him testify?--A. Yes, sir.

Q. 10. And didn't he testify that he had not been molested or hurt or hit?— A. Yes, sir.

Re-cross examination: Q. 1. You do not mean to testify that he has not been hurt?-A. No, sir.

Q. 2. Is that one of the men that talked to you? (Indicating Mr. Clontz.)A. No.

Q. 3. You remember what the man said his name was?-A. No, I do not remember. He was wearing glasses.

Q. 4. Is that him back there?-A. No. They had dark rims. He thought I Was with the National Guards.

Witness excused. STATE OF KENTUCKY,

County of Harlan: I, Jean Cowden, Official Shorthand Reporter of the Harlan Circuit Court, certify that the foregoing transcript is a true and correct record of all the evidence introduced and heard on the investigation held in the Harlan Circuit Court on September 30th, and 1st. day of October, 1935; that it is all the evidence offered to be introduced by both sides, and all objections of Counsel, rulings of the Court thereon, and remarks made by the Court, and all other proceedings had on the investigation. Given under my hand, this 4th day of October, 1935.

JEAN COWDEN,
Official Shorthand Reporter, Harlan Circuit Court.

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