Oat Dickens testimony
(transcriber may have made spelling and punctuation changes)
OAT DICKENS, a witness of lawful age, being first duly sworn, deposes and says: Questions by Mr. OSSINGTON.
Q. Have you been sworn as a witness?
A. Yes sir.
Q. Tell the jury your name?
A. Oat Dickens.
Q. How old are you?
A. 39 years old.
Q. Where do you live?
A. I live in Raleigh county, Big Coal River, place named Montcole.
Q. Where were you living the latter part of August and the early part of September, last year?
A. Montcole.
Q. Had you a local union of miners at that place that that time?
A. Yes sir.
Q. Were you a member of that local?
A. Yes sir.
Q. Did you hold any official position in the local?
A. Yes sir.
Q. What was it?
A. Treasurer.
Q. What was the number of that local?
A. 1719.
Q. Do you recall the time the latter part of August or the early part of September of the miners' march, do you recall that occasion?
A. Yes sir, I recollect it all right.
Q. That was 1921, last year?
A. Yes sir.
Q. Did you join that march at any time?
A. No sir.
Q. Was you treasurer during the time?
A. Yes sir, I was.
Q. I will ask you to tell the jury, whether, shortly before this miners' march, or the assembly began, you had a meeting of your local?
A. Yes sir, on Friday night, the regular meeting night.
Q. I will ask you to tell the jury whether anything was said at that meeting with reference to financing?
A. Financing the march, you mean?
Q. Yes sir.
A. Not in particular, only by one man Mr. J. J. Munsey is the only man and the first man I ever hear name it.
Q. Tell what he said and what occurred there?
Q. Who did the funds belong to that you issued these checks on?
A. They belonged to the local union at Montcole.
Q. Where was the money that you drew out?
A. At the Bank of Whitesville.
Q. What county?
A. Boone county.
Q. Have you the cancelled checks that you issued and the orders?
A. I have.
Q. Let me see them.
(Witness hands checks in question to counsel)
Q. What district is Montcole located in?
A. In March Fork.
Q. I mean -
A. District 17.
Q. What sub district do you know, of the United Mine Workers was your local in at that time? Do you know, Mr. Dickens?
A. District 17 is all that I know.
Q. You don't know anything about what sub district it is in?
A. I don't recollect - I have forgotten.
Q. Who was the President of your Local Union?
A. C. G. Elswick.
Q. Who was the financial secretary?
A. W. E. Sheffield.
Q. Who was the recording secretary?
A. J. T. Meadows.
Q. I believe you said you were the treasurer?
A. Yes sir.
Q. I hand you some papers - tell the jury what they are. What is that you hold in your hand?
A. It is checks - old checks that I wrote, drawn the latter part of August and September, got back from the banks, also receipts for them, for the checks, and orders.
Q. Are these the checks you have testified that in the aggregate amount to $1895, to the best of your recollection?
A. Yes sir.
Q. To whom did you deliver the checks after you wrote them?
A. To the man that brought me the orders, -- to the men that brought the orders for them.
Q. I hand you a check, dated Whitesville, August 26, 1921 on the bank of Whitesville, and payable to Joe Tur for $40, signed by Oat Dickens, Treasurer, Local Union 4719, is that one of the checks you issued?
A. Yes sir.
Q. Who did you deliver it to?
A. To that man, the man that his name is on there.
Q. I also hand you an order or paper "U.M.W.A. Local Union 4719, dated 8-26-21, to Oat Dickens, Treasurer, directing you to pay to Joe Tur $40, signed J. T. Meadows, is that the J. T. Meadows that was financial secretary, you testified about?
A. Recording Secretary, yes sir.
Q. Who did you deliver this check of $40 to?
A. Joe Tur.
Q. I hand you another check dated August 22, 1921, drawn on the Bank of Whitesville, payable to Lewis Lourzzis for $300-
A. That is a ----- name.
Q. How do you pronounce that name?
A. Lourzzis, I think.
Q. Did you write this check, if so, who did you deliver it to?
A. I gave it to that same man.
Q. I find an order of the same date, signed by J. T. Meadows. Directing you to draw a check for that amount, it that the order upon which you issued that check?
A. Yes sir.
Q. I find a check dated August 16, 1921, on the Bank of Whitesville to J. J. Munsey, signed by you as Treasurer of the Local Union for $15, and also an order of the same date signed by J. T. Meadows to you, did you issue that check upon that order?
A. I did.
Q. Another check dated August 24, 1921, Bank of Whitesville in favor of Fred Alexander for $30, signed by you as Treasurer, together with and order of the same date, did you issue that check on that order?
A. Yes sir.
Q. I find another check dated August 24, drawn on the Bank of Whitesville, payable to C. M. Burk for $20, signed by you as Treasurer of the Montcole Local, together with an order signed by J. T. Meadows to you, did you issue that check upon that order?
A. Yes sir.
Q. These men that the checks were delivered to, I will ask you to tell the jury whether or not they were members of the United Mine Workers?
A. They were.
Q. Of what local?
A. Local, Montcole, 4718.
Q. I hand you another check, dated August 19, 1921, payable to G. W. Turner for $40, signed by you as Treasurer, together with an order of the same date, did you draw that check upon that order and deliver it to Mr. Turner?
A. Yes sir.
Q. Was he a member of the Local at Montcole at that time?
A. Yes sir.
Q. On September 1st, I hand you a check dated that date, drawn on the bank at Whitesville, payable to Fred Hoffman for $100 signed by you as treasurer.
A. There was just one order wrote for that man. The order called for $300. He had the amount filled up in $100 checks, so that he could get them cashed easier.
Q. And a check payable to the same man on the same date, signed by you for $100, and another check, dated on the same date payable to the same man, and signed by you, together with an order dated September 1, signed by Sanford Alexander. What connection had he with your Local?
A. He was put in Mr. Munsey's place. He was away, as recording secretary at that time.
Q. Who was Fred Hoffman that these checks were made payable to?
A. He was a miner at Montcole.
Q. Member of the Local?
A. Yes sir.
Q. I hand you another check, dated August 22, 1921, payable to W. H. Mitchell, drawn on the Bank of Whitesville, signed by you as Treasurer of that local or $500, together with an order signed by J. T. Meadows, did you issue that check?
A. I did, yes sir.
Q. I will ask you to tell the jury whether W. H. Mitchell, whether he was a member of that local, the man this check was made payable to?
A. Yes sir, at that time he was. He didn't live there. He come in there to work, and just worked.
Q. I hand you another check dated August 29, 1921, drawn on the Bank of Whitesville, payable to Adam Hensley for $50, signed by you as treasurer, and another check, dated August 29, 1921, drawn on the same bank for $100, payable to Hensley, and a check dated August 29, 1921, on the same bank, drawn in favor of Adam Hensley for $100, and signed also by you as treasurer, and another check, dated August 29, 1921, drawn on the same bank. For $30, payable to Adam Hensley signed by you, together with an order signed by S. Alexander and delivered to this man?
A. Yes sir.
Q. Tell the jury whether he is a member of the Local at Montcole, Mr. Hensley?
A. Yes sir.
COUNSEL FOR THE PROSECUTION, at this point offers in evidence the checks and orders that have already been identified by the witness. The same are allowed to come in and marked for identification "Prosecution Exhibit Oat Dickens No. 1 to 24 inclusive.)
Q. I hand you another paper. Take that and look at it and tell the jury what it is. Don't read it. Tell us what it is.
A. This piece of paper is an order that W. H. Mitchell brought back with him the first time he went out when he came back.
Q. Is that the name W. H. Mitchell that you issued some of these checks and delivered them to him?
A. The same, man, yes sir.
Q. You may this is an order he delivered to you when he came back from where?
A. He brought it back to the Local Union.
Q. Where had he been do you know, or did you hear him say?
A. He said he went to Marmet. That is all I know. I don't know where he went for sure.
Q. Can you recall the date that order I have just handed you, or about the date it was delivered to you by Mr. Mitchell?
A. That order?
Q. Yes sir.
A. I don't know as I can just exactly.
Q. Was it while the miners were assembling at Marmet or after they had started on the march, or during that time?
A. They had been some done went out, left Montcole.
Q. Do you know where W. H. Mitchell is now?
A. No sir, I do not.
Q. When was the last time you saw him?
A. I haven't saw him since he left Montcole.
Q. When was that, about when was it?
A. Last Fall, sometime after the march.
Q. About how long after the march?
A. I don't just recollect. I don't know just when he left Montcole. I couldn't say, but I haven't saw him since.
COUNSEL FOR THE PROSECUTION at this point offers to introduce this paper in evidence.
Objection
Sustained
At this point this witness is excused for the time being, and Ed. Reynolds is recalled to the stand by the Prosecution