Holly Smith testimony
(transcriber may have made spelling and punctuation changes)
HOLLY SMITH.
A witness of lawful age, having been duly sworn deposes and says
Q: How old are you?
A: Twenty-nine.
Q: Where do you live?
A: Logan County.
Q: Where [were] you reared?
A: I was reared in Logan County.
Q: Where were you the later part of August or September 1st of last year?
A: I was on Blair Mountain in Logan County.
Q: Did you know John Gore?
A: I did.
Q: Were you acquainted with Jim Munsey?
A: No.
Q: Were you acquainted with Cafago?
A: No.
Q: Do you recall their being killed?
A: Yes.
Q: Where were you when you heard of their being killed?
A: I was on top of Blair Mountain to the right of the road going toward Coal River.
Q: Do you know Col. Ewbank [Eubank]?
A: I have seen him.
Q: Had you at that time been sworn in under Col. Ewbank [Eubank] in his army?
A: Yes.
Q: From whom did you hear that these men were killed?
A: From Kenis Mounts.
Q: Did you know a man by the name of Underwood?
A: Yes.
Q: Did he give you this information?
A: Yes after Kenis Mounts had mentioned it to me.
Q: Did you know a man by the name of Perry?
A: Yes.
Q: Did you get this information from him that morning?
A: No, I did not see him.
Q: Do you know what Perry's name is?
A: His first name is Westley.
Q: Do you know where he is?
A: Yes.
Q: Where?
A: He was killed on the railroad.
Q: How long ago?
A: About two and a half months ago I think.
Q: When you got this information, were you informed where these men were killed?
A: Just about not exactly.
Q: What did you do then?
A: I gathered up a bunch of fellows to go after the bodies.
Q: What was your business on the mountain at that time?
A: My business was to present the armed men from crossing the mountain into Logan County.
Q: Do you remember any of the men with you?
A: I do not remember the name of but one man and that was Henry Privett.
Q: How many went with you after the bodies?
A: Fifteen or twenty.
Q: Did you find the bodies?
A: Yes.
Q: Tell the jury where you found them?
A: I found them on top of the mountain about one-half mile from the gap of the road.
Q: What road was that and where does it go?
A: It is a road from Coal to Guyan River.
Q: Does a creek flow into Guyan River there?
A: Yes, Dingiss Run.
Q: What creek on Coal River side?
A: White's Trace.
Q: Is that the way the road runs?
A: Yes.
Q: Describe to the jury the finding of the bodies and where the men were when you found them?
A: Privett and I were in front of the bunch of men and we pushed on up this ridge looking for the bodies after we got to where we thought they might be and I guess we were an hour getting through the brush and wood. We found Jno. C. Gore first.
Q: Was the dead or alive when you him?
A: He was dead.
Q: Where did you find the other two men?
A: I did not see the other two men. No I did not see the foreigner. I did see one of them.
Q: Which one did you see?
A: Munsey.
Q: How far was Munsey's body from Jno. Gore's?
A: Not far. I guess a little farther than the length of the court house, I was circling around to get a pole to put a blanket on and just glanced at him.
Q: Did you notice the ground where you found Jno. Gore?
A: Yes.
Q: What did you see there?
A: I saw several pieces of paper lying around.
Q: Did you see any blood on the ground?
A: Yes.
Q: Did you notice his clothing?
A: Yes.
Q: Describe the condition of his pockets?
A: They were turned wrong side out.
Q: Did you find any valuables on this person?
A: No there was nothing about his person.
Q: Did you see any weapons on him or around him?
A: No there was nothing.
Q: What did you do with Gore's body?
A: We got it on the blanket and the four of us carried him about 250 or 300 yards.
Q: What did you do then?
A: We could not carry him any farther.
Q: Did someone come and get him?
A: Some other folks came later.
Q: Did you see Mr. Hunter the undertaker?
A: Yes, I saw him at the gap but I did not go back.
Q: Was this near the place where you saw the body that you saw Hunter?
A: It was on the other side of the Gap that I saw Hunter.
Q: How was Gore lying on the ground?
A: Pretty much on his back, his head was turned on the left side, and his feet just lying broadcast on the ground.
Q: You spoke of seeing some papers on the ground, what kind were they?
A: I don't know what kind they were.
Q: Were they newspapers?
A: No, something like summons or court papers is what I took them for.
Q: Did you after you say you carried Gore's body 200 yards see Munsey's body again?
A: No.
Q: At the time you passed Munsey's body did you observe his pockets?
A: No I did not notice them.
Q: Did he have any weapons about him?
A: No.
Q: Did you see Munsey's body at any time after it was carried off the grounds?
A: No, I noticed his face slightly when I passed him on the ground where I first saw him.
Q: What did you observe then?
A: It looked like a bullet hole.
Q: Was he powder burnt?
A: I don't know it looked black around the bullet hole.
Q: That was the only examination you made?
A: Yes, I just glanced at his face that was all I looked at.
Q: How far would you say it was from the point where you found this body in an air line to Blair on Coal River?
A: In an air line about a mile and three-quarters or two miles.
Q: At the time you were searching for these bodies did you hear any firing along the line?
A: Yes.
Q: In what direction?
A: I heard some in all directions, - on the Coal River side and on the left of Coal River and in the direction between me and Blair and between me and the Gap.
Q: To what extent was this shooting?
A: They were shooting pretty fast.
Q: How long did it continue while you were searching?
A: From the time we found the body, the shooting was continuous for three or four days maybe four or five days, I don't mean that it kept up all night.
Q: When you were searching for the bodies did you come in contact with any other men?
A: Yes.
Q: Where?
A: I did not meet them at all. We ran into a bunch of men on the other side of the gap this same morning pretty early in the morning. They had fired at four of us in the Gap, we went with Captain Lawson and we ran them off the mountain.
Q. Were they armed?
A. Yes.
Cross Examination by Mr. Houston.
Q. Did I understand you to say you were a deputy sheriff?
A. I am.
Q. How long have you been a deputy?
A. About three years.
Q. Whom did you first serve under as a deputy?
A. Frank P. Hurst.
Q. Then you were re-appointed under Don Chafin last year?
A. Yes.
Q. What part of the country do you cover under your duties as deputy?
A. I cover about five miles or six miles on Buffalo creek and Amherstdale.
Q. Do you collect taxes
A. Yes, sometimes.
Q. How much taxes did you collect last year?
A. I don't remember.
Q. Can you approximate it?
A. No, I don't have any idea.
Q. Have you collected the taxes this year?
A. No, not this year.
Q. Do you serve processes of the court of Logan County?
A. Yes.
Q. Do you act as deputy on Coal River?
A. Yes.
Q. Are you still acting as deputy in that territory? I mean the territory that covers the town of Blair?
A. No.
Q. You have been deputy in that community, have you not?
A. On the Coal River, yes.
Q. Do you have any other business beside deputy sheriff?
A. No, I don't do anything else.
Q. What is your compensation? How much is your salary?
A. $175. per month.
Q. Who pays you that salary?
A. The sheriff of Logan County.
Q. How do you receive it?
A. By check of Don Chafin.
Q. And Don Chafin pays you $175. Per month as Deputy sheriff?
A. Yes.
Q. You do not receive a draft from the county treasurer for your salary?
A. No.
Q. You receive the personal check of Don Chafin.
A. Yes.
Q. Do you receive compensation from anyone else?
A. No.
Q. Did you ever work for any coal company?
A. Not in the last three or four years.
Q. Before you were made deputy, did you ever work for any coal company in Logan County?
A. No. I might have worked for a few days.
Q. Don Chafin is a coal operator himself, is he not?
A. I don't know. I believe he has an interest in some mines.
Objection by Mr. Houston.
The Court reserves ruling on the question raised, but considers the last question inadmissible, and sustains the objection to same.
To this exception is made.
Q. When did you first hear of the killing of Gore?
A. I don't remember the day of the month or week, but I think it was either Tuesday or Wednesday and about the 29th or 30th of August. It was the last of August.
Q. Where were you when you heard of the killing?
A. I was on the Blair mountain.
Q. Do you know how long it was after the killing of Gore that you heard of it?
A. I think it must have been two or three hours?
Q. You heard of the killing on the day it occurred?
A. Yes.
Q. I wish you would look at the map I now hand you - Have you ever seen it before?
A. No.
Q. This map is marked "Prosecution Exhibit - M. B. Mullens- No. 1." I wish you would look at this map, and will you point out to the jury where the town of Logan is located?
A. It says Logan right there.
Q. The yellow line, I think, has been indicated by the prosecution as the top of Blair mountain.
A. It is right there.
Q. Where is the town of Blair?
A. Here.
Q. Logan is located on the Guyan River about how many miles from the top of Blair mountain?
A. Something like six miles.
Q. How far from the town of Blair to the top of Blair mountain?
A. About a mile and three quarters.
Q. Indicated what the line running from the town of a Blair over toward Ethel is?
A. I don't know that the county road goes over there.
Q. If this yellow line is the top of the mountain, and this white line is the county road, point out to the jury to the best of your knowledge where Gore was killed, approximately?
A. Right down there.
Q. He was killed on the Blair side of Blair mountain?
A. On the Ethel side.
Q. Near the top of the mountain?
A. Yes.
Q. And you think it was on the north side of the county road?
A. It was on that side.
Q. Do I understand you to say three quarters of a mile where his body was found from the road?
A. It might have been a mile.
Q. Is it wooded there?
A. Yes.
Q. Blair mountain is heavily wooded on both sides, is it not?
A. Yes.
Witness dismissed.