September 22, 1921
John Kidd, Bob Ratliff and Lee and Clarence Donald, convicted and sentenced to seven years in prison at the April term of court, are now in Moundsville serving their terms. Their stay of execution expired Thursday and the sheriff took them away with Larry O'Connell and Bill Johnson to state prison.
The supreme court of appeal has not acted on the second application for a wirt of error in the case of the Willis Branch dynamiters.
September 22, 1922
Four of the convicted Willis Branch dynamiter
conspirators, under sentence of 7 years in the penitentiary have
been pardoned by Gov. Morgan. The pardon is conditional upon their
good behavior in the future.
The four who were recipients of executive clemency were Clarence and Lee Donald, Bob Ratliff and John Kidd. They were the first of the conspirators to be convicted and have served about a year and a half in prison. For the past year they have been in the county jail held here to be used as witnesses by the state in the trial of other cases. The were convicted and sentenced at the April 1921 term of court.
Recommendation for their pardon had the endorsement of the owners of the Willis Branch property who were actuated in their recommendation for clemency for reason of the assistance rendered by the prisoners in clearing up the series of outrages by confession of their guilt and those of their accomplices. The young men seem to have been simply the tools of older and wiser heads who prevailed upon them to do their bidding. Kidd and Ratliff have broken down in health since their confinement. All have been most severely and sufficiently punished for their errors.
Walter Romine, Canada and Lafferty were taken to Moundsville Thursday to enter upon their terms. Romine sentence is for 6 years but a petition is already in circulation to secure his pardon.
February 3, 1921
An unusually heavy barrage was put up in the Willis Branch sector Saturday night. The firing keep up most of the night but nobody was hurt. It is estimated that at least 5,000 shots were fired. Sheriff Conley and Deputy Criago went over Monday to investigate and endeavor to restore peace.
Col. Arnold, head of the State Police Constabulary joined Sheriff Conley at the scene of the trouble and the two officials spent a couple of days going over the situation. Nothing could be learned as to the identity of the snipers, and no arrests were made. The authorities are puzzled as to what course to take to end the trouble. Several parties are under indictment for complicity in previous shooting but are at liberty on bond.
February 7, 1921
All has been quiet in the Willis Branch sector for the last three weeks. A dozen or so constabulary are still on duty in the community and have not been having any trouble. No attempt is being made to repair the damage or place the property in shape for operation
February 7, 1921
Hundreds of Short - Memory Witnesses "Quizzed No Report Until Today
About fifty witnesses from Pax and Willis Branch neighborhood were grilled Monday in an effort to get at the offenders who have been shooting up the Willis Branch Coal Camp. Very little information was obtained and it is doubtful if evidence sufficient to lodge further indictments can be obtained.
February 12, 1921
G. E. Honaker, while at Weirwood on the Virginian railway last week visited a number of homes which had been shot through evidently by high powers guns. He was informed that on nearly every occasion at intervals between residents of the town were compelled to take refuse in cellars or ~specially prepared dug- out constructed for that occasion". One woman while compelled to take refuse in a cellar the night of her return during a rain. The trouble series between miners working here and those working at Willis Branch on the ~opposite side. Sometimes a few of the miners of Pax were likewise forced to abandon their homes when the Machine guns were evidence. "It occurs to the writer that those in authority should put a stop to such proceedings".
The constabulary force on duty at Willis Branch has been increased to 17 troopers and there is a report of an entire company of 60 men will go on duty within a few days unless there stay in Mingo county is prolonged.
The sending of this additional force of state police to the scene of numerous recent shootings is done in order to prevent the carrying out of an alleged plot on the part of the lawless gunmen to exterminate the small force of constabulary which has been on duty for several weeks.
The plot against the lives of the troopers was revealed to them several days ago by a woman. According to her story the officers were to be attacked in a Pax pool room where they frequently went for a little pastime. The day was set for the outbreak and the troopers spent the entire day about the pool room but there was no trouble.
Ten more troopers came late into camp Friday in anticipation of the regular Saturday night shooting but all has been quiet since the night of March 15 when the last shooting occurred.
The large constabulary force will endeavor to locate and exterminate some of the moonshine outfits operating in that section. It is claimed that these stills are doing a big business and are responsible for much of the disorder.
The property of the Willis Branch company remains idle and stands in the wrecked condition it was left when abandoned February 18. No attempt has been made to repair the damage.
January 29, 1920
Six striker Held on Charge of Damage Mine Machinery and
Riotous Conduct
One night last week the electric power of the Willis Branch Coal Co., mine was suddenly put into operation in some unknown manner and damage of over $500 was done the machinery and haulage system.
Believing the act was that of former employees now out on a strike, warrants were issued for half a dozen men who were placed under arrest and brought to Fayetteville Thursday by deputy sheriff Dent.
Those arrest charged with rioting and conspiring to destroy property were Bryant Kidd, Wm Aldridge, Wetzel Aliff, Thomas Saunders, Clarence Donald and Hubard Williams. Preliminary hearing was before Squired Crawford requiring them to give bond to answer indictment and also keep Squire Romine who accomplished the men from Willis Branch, went their bond and all were release.
The Willis Branch mine has open operating with a small force for several weeks and there have been a few clashes between workers and strikers. Lee Kidd, Chas Treadway, Tom Williams and Chas and Frank Lafferty recently figured in a knuckle encounter resulting in fines being paid to a Raleigh justice.
It is reported that action will be taken by government authorities in prosecuting those responsible for wrecking the equipment.
March 4, 1920
Local and state police offers were called to Willis Branch last week by a report that rioting of a serious nature was imminent. The officers responded promptly but found all quiet and no sign of disorder. There is some bad feeling existing between strikers and workers at the mines. Several weeks ago Lee Kidd and Chas Treadway were assaulted by strikers. Chas Lafferty, Walter Romine, Jesse Lilly and Frank Lafferty, charged with the assault, were placed under bond.
Believing that the company property to be endangered, about a dozen guards have been employed to patrol the operation. These guards are not regular officers and have no authority under law.
September 29, 1921
The trial of Reed Lafferty, Willis Branch man indicted several months ago for shooting one of the Felts detectives in the fight at Willis Branch, August 1920, was set for Wednesday this week. By agreement of both sides the trial has been postponed until the January term. Lafferty was arrested in a barn armed with a Winchester while the fight was going on. This was the only Willis Branch case set for trial at the present term
February 2, 1922
The first surprise came shortly after opening of court Monday when Geo. Lafferty and Tom Lewis or Canada were brought from jail and expressed a desire to the court to plead guilty to attempt to commit murder in the first degree and take an agreed sentence of a year and a day in the pen. They had no attorney and told the court they did not want any. The indictment under which they pleaded was one in which about 30 were name as shooting up the store the night Henry Lafferty was killed.
January 8, 1922
The United States Supreme Court decided Monday that labor unions are liable as organizations to be sued in their associate names in event of injury to property during strikes originated by the unions. (In the Coronado case the plant of the company was destroyed in 1917, during labor disturbances when the concern started to operate on the so-called open shop basis).
The decision, one of the most important affecting labor organizations which as been rendered in years was handed down in the case of the United Mine Workers of America against the Coronado Coal Company of Arkansas.
The opinion was read by Chief Justice Taft, who sustained the decision of the circuit court of appeals in Arkansas which held that labor unions could be sued and that the complaint of the Coronado company for damages for injuries to property during a strike at the company's mines brought the union within the provisions of the Sherman anti trust law and entitled the company to recover treble damages.
The judgement against the union was for $427,820.
The decision of the supreme court also anticipated by union labor leaders throughout the country, was regarded as the biggest blow organized labor has received since the famous Danbury Hatters case in which the Hatter's union was held responsible for strike damages.
Chief Justice Taft, in giving the decision of the court, cited numerous acts of congress showing recognition of labor unions.
"By reason of such recognition," the chief justice said, "we think labor unions are liable under the law for damages."
The court held that international union officers were not responsible for the strike or liable in damages. The liability rested with the local unions, said the chief justice and evidence showed that the union miners made attacks on the properties of the Coronado company and damaged the plants. Coal mining is not interstate commerce, the chief justice continued and there was offered no proof that the local union leaders had engaged in a conspiracy in restrains of trade as prohibited by the Sherman anti trust law.
The decision will have a direct bearing on cases pending in the courts of West Virginia, it was stated by D. C. Kennedy, secretary commissioner of the Kanawha Coal Operators association, who added that it probably will result in additional suits against District 17 of the U.M.W.A. for damages to property during labor disturbances in the West Virginia coal fields.
One case in particular in which it is expected to play a part is that recently filed by the William McKell coal interests against both the district and international organizations of the miners in federal court for $1,000,000 damages in connection with the destruction of property two years ago at Willis Branch. Steps will be taken immediately, it was stated by lawyers for the plaintiff in this action to attach the property of the United Mine Workers both in Charleston and Beckley pending the outcome of this suit.
The decision of the supreme court sustains the contention which the coal operators have made and insisted upon for years-- that the United Mine Workers be made equally as responsible in the execution of contracts as the coal operators and be held legally to strict accountability for all the actions of the organization as a whole and its individual members.
January 26, 1922
The most interesting cases at the present term of circuit court are set for next Monday when W.C. Romine and some 30 others will go on trial for the Willis Branch disorders. Both sides are making thorough preparation trial and the court has reserved 3 days on the calendar for disposing of the cases. Over a hundred witnesses are being subpoenaed.
The Prosecuting attorney will assisted by Hon. C.W. Osenton. The defendants are to be represented by C.D Summerfield, Magee McClung, C.M. Ward, Ed Summerfield and Q. Hutchinson. It is understood that W.R. Bennett who has appeared as counsel for defendants heretofore will not be identified with the forthcoming trial. Magee McClung, former prosecuting attorney, is new counsel for the accused.
It is not known which of the indictment will be taken up first. There are indictments standing made at the last three terms of court agains some 50 persons.
According to rumors there are to be some startling confessions from some of those who had a part in the dynamiting and wrecking of the Willis Branch property.
May 25, 1922
Suit for a million dollars damage has been brought by the Willis Branch Coal Company against the United Mine Workers of America. The action has been brought in federal court at Charleston by J.W. Maxwell, Beckley attorney representing the coal company.
The Willis Branch company aside from asking damages for the shooting up of the town of Willis Branch between September 1919 and May 1921. When company officials declared the town was literally "shot off the map" during labor disturbances in the fields, has declared through its counsel its intention of attaching union property. The property, consisting of headquarters of District 17, Charleston, and District 29, Beckley, counsel for the plaintiffs said was valued at $150,000.
The suit for damages is based on claims similar to those of the Coronado Coal Co of Arkansas against the international union.
October 15, 1922
The Willis Branch mine is being put in shape and will probably be in operation before Christmas. A new tipple and incline are being built and some delay is being experienced in securing lumber. Hansford O'Nell, foreman of Kilsyth, is the new superintendent. He is getting along fine with employees and the first day work started there were over a hundred applicants for work. Many of the old employees during the trouble days of two years ago are back on the job.
February 7, 1923
The million dollar damage suit brought against the U.M.W. of A. by the Willis Branch Coal Co. for the destruction of mine property at Willis Branch two years ago during disorders there brought on by the miners union, has been settled. The suit was brought in federal court by J.W. Maxwell, Beckley attorney representing the coal company.
The terms of settlement are not known but a press dispatch from the Indianapolis headquarters of the union organization states that the payment was $10,000 and that the union's check for that amount had been paid during the coal conference to New York last month. Officials and attorneys of the coal company and miners' union declined to discuss the term of settlement further than to confirm report that a settlement had been reached.
John Lewis, president of the U.M.W. states that the report of a settlement is "unfounded and unauthorized and the entire subject matters is still in the hands of the attorneys."
One of the condition of the agreement according to the press report was that further prosecution of those under indictment for the disorders would be dropped. Prosecuting Attorney Love says the state has not been a party to any such terms. There are about twenty indictments standing against union officials and strikers who participated in the disorders. January term of court which was closed prematurely on account of illness among jurors. All indicted parties except four union officials have made confession.
The Willis Branch mine has just recently been placed in operating condition and has been running with many of the old employees at work again.
February 2, 1922
This is Willis Branch Week in circuit court. Over 40 persons indicted on several counts in connection with the long series of disorders of a year ago, are in court awaiting trials. Two of the confessed trouble makers have pleaded guilty and been sentenced to serve a year and a day in the penitentiary. A dozen other named in the indictments have confessed their participation in dynamiting outrages. The state is using the principals in this war to unfold a story of the wrecking of a valuable mine property that attempted to operate independent of the mining union.
Attendance has not been as large in the court room as at the April trials when four were convicted and given 7 years sentences at Moundville. In view of revelations following that trial all persons entering the court house are being searched for weapons. A dozen deputy Sheriffs, constables and justices are stationed at all entrances and gently frisk those who pass. Few weapons have been found and it is apparent that a different spirit prevails among those attending the present trials. It is a quiet anxious crowd with out any fighting spirit in evidence among witnesses.
The first surprise came shortly after opening of court Monday when Geo. Lafferty and Tom Lewis or Canada were brought from jail and expressed a desire to the court to plead guilty to attempt to commit murder in the first degree and take an agreed sentence of a year and a day in the pen. They had no attorney and told the court they did not want any. The indictment under which they pleaded was one in which about 30 were name as shooting up the store the night Henry Lafferty was killed.
There was skirmishing for a few days delay by attorneys for defense but no effort to secure a continuance or motion to move cases to another county for trial.
Forty one jurors were examined before a panel of 20 was secured. The court excused all jurors residing in the vicinity of the scene of trouble. Defense was rigid in examination of all veniremen who were connected in any with operation of mines.
The indictment upon which the state chose to go to trial was that covering the dynamiting of the sub-station on February 15, 1921. There are 29 defendants and separate trial on each was asked for by the defense. They elected to try Walter Romine first and on the result of the jury's verdict in his case hangs the fate of other defendants. Progress has been rapid in the trial and it may come to a close Thursday.
Opening statements of counsel were brief. Mr. Love the prosecuting attorney outlined what the state expected to prove. He stated that it would be shown that Romine, who is a merchant at Cirtsville was one to the leaders in the conspiracy; that he furnished the dynamite and led the conspirators to the sub-station and destroying that property and proposed the shoot into the mules stables. Mr. McClung in his opening for defense spoke of the good character of the accused and said the defense expected to prove that he never participated in the dynamiting or furnished the ammunition.
The evidence offered by the state came mostly from confession participants in the disorder who went into details as to the movements of the party on the night of February 15. They declared they were making confession without any promise or hope of reward or favor of any kind. The most convincing and detailed story of the night's work was told by the four men now serving 7 years sentences for another dynamite outrage against the Willis Branch property. The witnesses were John Kidd, Bob Ratliff, Clarence and Lee Donnell.
They told of meeting at Weirwood and then going to Romine's store at Cirtsville, where they were supplied with guns and ammunition and a sack containing 80 sticks of dynamite. Romine accompanied the party and was one of the leaders in the attack on the sub station where the dynamite charge was set off, names and details were freely and fully given by witnesses.
Conviction of the defendant upon the Red Men's conspiracy indictment under which he is being tried means a sentence of from 2 to 10 years.
The following defendants to indictments answered in Monday morning:
Grover Moore, Duff Lively, Rufe Maynor, Julian Kelly, Hurst Smith, Booker Thurmond, Clem Brown, Warfield Claytor, Claud Meadows, Roy Kidd, Robert Ruthledge, Earl Smith, Chas Craddock, Dempsey Vass, Luther Vass, Cass Gilbert, Garfield Davis, Jas Gilmore, Oliver Hottel, Bryant Kidd, Frank Lafferty, Ash Bailey, Elsie, Chas., Reed, Waymon and Russell Lafferty, W.C. Romine, Gordon Stevens, Henry Thomas, Alfred Tyree, Guss Vass, Pres Williams, John Sprouse and Geo Barrett.
A death in the Maynor family delayed the appearance of some of the accused who came in Tuesday. Those absent were Jodie Lively, William Ratliff, Jess Lively, Ray Tryee, Frank Feazelle, Cleve, Bill, Paul and Blackoak Maynor and Huber Daniels.
February 9, 1922
At 2 o'clock Wednesday as the Tribune is printed the jury in the Walter Romine Willis Branch dynamite case has not reached a verdict. They have had the case under deliberation more than 6 hours. Their reports to the court are that they are unable to agree upon a verdict.
The arguments were concluded Tuesday evening at 4 o'clock and the jury retired for deliberation. No verdict was reached at supper time and another hour was spent in the jury room after supper before the jury retired for the night.
After two hours deliberation Wednesday morning the jury reported to the court that they were unable to agree but the court sent them back for further deliberation.
For six days the jury listened to the testimony of witnesses as they unfolded a long and contradictory story of the disorders at the mining camp. Back and forth was shifted the responsibility for the continued warfare. Brother contradicted brother and families were split up in their accounts as to different phases of the affair. It seems that nearly everyone who participated in the trouble was kin to others of the wrecking party.
There were 9 confessed participants in the dynamiting who testified as to the important part taken by Romine. According to the state witnesses he was the leader of one of the three bands that left his store on the night of February 15, 1921, for the purpose of wrecking the mine property. John Kidd and Bob Ratliff were leaders of the other parties. According to numerous witnesses Romine supplied the ammunition, directed the attack and fixed the fuses to the explosive charges. He also wanted to shoot up the mule stables but was dissuaded by John Kidd. One witness who testified before the grand jury declared Romine had visited him in Ohio recently and gave him $100 and promised $1000 if he would leave and not give evidence at the trial. Clarence Donnell exhibited a typewritten order which he said he found in Romine store. It was to the Beckley Hardware Company and called for the delivery of 8 rifles and ammunition to Romine. The order was signed by John "Sprouse", a board member of the UMW.
The defendant put on 30 witnesses to combat the state testimony. By a dozen witnesses an alibi was proven. Romine testified in his own behalf. His testimony and that of others was to the effect that he did not participate in the attack. He followed the conspirators a short distance after they left his store but was not gone more than 20 minutes when he returned home and was asleep when he heard the explosion. He denied furnishing arms or ammunition explaining that such purchases as he made was to prepare for threatened attach upon his home and that of his father. Witnesses testified to threats made to shoot and blow up Cirtsville and Weirwood.
Counsel for both sides had their cases well prepared but several times witnesses were made to make disclosures that were unexpected and not intended to reach the jury. Every question carried a possible explosive reply. The record is loaded down with objections and legal technicalities, the 5 attorneys for the defense overlooking not the slightest point that might be interpreted into error by a high court. Judge Eary was very watchful and his rulings were accepted without contention upon the part of the counsel. The court's effort to give a fair and impartial trial was most favorably commented upon by those in attendance.
Other Willis Branch indictments are to be taken up for trial next Wednesday, February 15. It is the announced intention of the state to try all of those indicted for the series of disorder and a special term of court may be held next month for this purpose.
February 16, 1922
The jury which heard the Walter Romine, Willis Branch, dynamite case, was discharged Thursday after it became known they were hopelessly unable to agree upon a verdict. On the first vote of the jury they stood evenly divided. Later one juror was won over for acquittal and the jury stood 7 for acquittal and 5 for conviction to the last minute.
The second trial of Romine on the same indictment for participating and conspiracy in he dynamiting of the sub station was begun Wednesday. The same witnesses are in attendance, another weeks legal battle is on. Romine with prospect of term of court lasting a month or more.
Judge Sharp, of Pocahontas county, is presiding in the present trial, Judge Eary having to go to Nicholas for his regular term of court there.
As the Tribune is printed Wednesday evening the work of empaneling a jury is under way.
February 16, 1922
The cost of the jury alone in the Walter Romine trial was over $500. Witness fees were not quite as large.
March 2, 1922
Six years in the penitentiary was the sentence passed upon Walter C. Romine by Judge Sharp in circuit court Wednesday morning. Motions to grant a new trial and admit defendant to bail were denied. Stay of execution of sentence for 60 days was granted in order to apply to supreme court for writ of error.
In passing sentence Judge Sharp referred to the crime of which Romine was convicted as a heinous and awful offense calculated to undermine our government and bring about a state of anarchy. Romine had nothing to say when called upon to receive his sentence and there was not the least demonstration in the court room.
Ground upon which defendant asked for a new trial attacked the jurisdiction of the court in calling a new judge, the disqualification of two jurors who were alleged to have expressed an opinion previous to the trial, admission of improper evidence and error in instruction to the jury. The motion were argued Tuesday and taken under consideration by the court until Wednesday morning when all were held insufficient. In over ruling the defendant's motion Judge Sharp went into detail citing his authorities and considering every point.
The verdict of guilty was returned by the jury Friday morning after a half day and night of deliberation. Not more than half a dozen spectators were in the court room when the jury reported. The verdict was anticipated by the action of the jury which during the 6 hours deliberation Thursday made no report indicating inability to agree.
On the first ballot all but 2 jurors voted for conviction an these 2 out of sympathy and compassion for the family of the accused refrained from voting and advised that a verdict be withheld until Friday morning. Romine was locked up in jail immediately after the finding of the jury. Sentence was withheld until motions for a new trial could be heard Tuesday.
This was the second trial of the leader of the band of about 40 who dynamited and destroyed the sub station of the Willis Branch Coal Co., August 1921.
Romine is the seventh of the Willis Branch dynamiters to receive sentence in the penitentiary. Fifty more stand indicted for conspiracy in connection with the series of shootings and dynamiting at Willis Branch. Some of them will be tried at the next term of April Court.
Romine is the son of Squire A.C. Romine, one of Raleigh's best known citizens. He conducted a store at Cirtsville and supplied Willis Branch striker on order from union headquarters at Beckley. He is about 30 years old, married and the father of two bright little boys.
May 4, 1922
Action by the supreme court of appealed is expected to any day on the case of Walter Romine, one of the Willis Branch conspirator, recently sentenced to 6 years in prison. The application for writ of error was made last week. The stay granted defendant has expired but no action will be taken until the higher court acts. In the event of a refusal to grant a writ of error Romine will be taken to Moundsville immediately.
June 8, 1922
The supreme court of appeals has refused to grant a writ of error in the Walter Romine case and the convicted Willis Branch dynamiter now faces service on a 6 year sentence in the penitentiary. He was released on $15,0000 bond last week to go to a hospital for an operation for appendicitis. The bond requires his return to jail June 20.
A special term of court convenes June 20 to try a number of other conspirators in the Willis Branch troubles. Some of them have expressed a desire to plead guilty and throw themselves on the mercy of the court. Others among those indicted including officials of the miner's union will stand trial. Altogether the state has not announced who will be tried first, it is probable the Bryant Kidd's case will come among the first. His brother John Kidd is already under sentence and at the trial of Romine was one of the state's most important witnesses. Seven of the wreckers of the Willis Branch mine have received prison sentences.
At the request of the prosecuting attorney, Judge Eary required Geo. Barrett and Frank Williams, two of the indicted Willis Branch conspirators, to come into court Monday and give additional bond in the sum of $5,000 for their appearance June 20. J.E. Summerfield and D.F. Workman went their surety. Their previous bond was for $5,000 which was deemed inadequate. Sheriff Conley brought them in Monday night. Barrett left Tuesday for a weeks stay at Indianapolis on union business.
August 25, 1921
In a Bluefield court last week the Willis Branch Coal Company obtained judgement against the American Express Company for 1800 dollars, the value of a machine gun belonging to the Coal Company which was taken from the Pax Express Office by unknown parties about a year ago when hostilities at the coal camp were at their height. The missing gun has never been recovered and its present where about is unknown.
April 20, 1922
Roy Hambrick, son of Chas Hambrick, of Mercer county, who resides near Princeton, was arrested there last week by an officer on a warrant charging him with complicity in the theft of a machine gun valued at $1,400 from the express office at Pax two years ago, during the labor troubles in the section according to a Princeton paper.
The machine gun mentioned is one which had been shipped to Willis Branch Coal company from a firm in Bluefield, and as a result of the theft the Bluefield hardware concern sued the express company for the value of the gun. A verdict was rendered against the express company, and then placed detectives on the case. Hambrick was said to have employed at Pax at the time of the theft of the gun, as station agent and reports are to the effect that secret information picked up by detectives and state police connect Hambrick with the theft.
The gun has not yet been recovered though it is still being traced.
October 19, 1922
George Barrett, organizer for the U.M.W. with headquarters at Beckley, is on trial at Marlinton, Pocahontas county, this week for participating in the disorders at Willis Branch mine two years ago. Barrett and eight others Willis Branch and Pax men were indicated here several months are conspiring to steal and hide away a machine gun belonging to the Willis Branch Coal Company, taken from the railroad depot at Pax. At last term of court he was given a chance of venue and the case sent to Pocahontas county for trial before Judge Sharp, who conducted the trial of Walter Romine here some months ago.
Some forty witnesses are in attendance and the trial which opened Tuesday will probably last all week. Prosecuting Attorney Love is assisted by C.W. Osenton and A.P. Edgar. Pocahontas prosecutor. The defendant is represented by Magee McClung and J.Q. Hutchinson. The jury is made up of young men of Pocahontas.
Roy Kidd and Henry Flat Williams are the first witnesses for the state admitted their participation in the affair and told of an alibi meeting held after the trouble. Others who had a hand in taking away the gun which was hid in Lafferty's yard made full confessions. According to their stories Barrett was active in planning the capture of the gun and was present when it was taken away. The gun was used finally by the armed marchers who took it over to the Logan battlefield.
Conviction of Barrett means sentence of from two to ten years. The men indicted jointly with Barrett in the conspiracy are Cass Gilbert, Claud Meadows, Roy Kidd, Bill Vaughn, Russell Lafferty, Grover Moore, Bob Ruthledge and Henry Thomas. Only Barrett is being tried at Marlinton. Cases against the others will probably be heard here on the next term of court.
October 26, 1922
Six years in the penitentiary was the sentence given George Barrett, mine worker organizer, convicted at Marlinton for conspiracy in connection with the theft of a machine gun belonging to the Willis Branch Coal Company. The case was taken to Pocahontas county on change of venue from this county.
Barrett's trial ended Friday night after a four days hearing before Judge Sharp. The jury was out about two hours before returning a verdict. On the first ballot the jury stood nine for conviction and three for acquitted. Motion for a new trial was over ruled by Judge Sharp.
The sentence given Barrett is the same as that of Walter Romine whom Judge Sharp sentenced here several months ago on similar charge of conspiracy.
There were about 30 witnesses in the Marlinton trial. Six of the state's witnesses admitted their participation in the affair and testified that Barrett planned, directed and was present and assisted in getting the machine gun away from the depot. The defense attempted an alibi and Barrett thru out the trial seemed to treat the whole proceedings as a joke. He flatly denied participation in the conspiracy or assisting to remove the gun.
Barrett is the seventh man to receive penitentiary sentence in connection with the Willis Branch mine disorders of two years ago. Four have been pardoned, one escaped the penitentiary and Romine and one other are now serving time.
Trials of several other parties who had a hand in the disorders will be disposed of at the next term of court in
January 3, 1923
Geo. W. Barrett, member of the UMWA International board, who was recently convicted of implication in the theft of the Machine Gun from Pax Station during the trouble times at Willis Branch. Tried and found guilty in Marlinton. The Supreme Court declined to grant the new trial. Six (6) years sentence.