Emmet Farrell
(transcriber may have made spelling and punctuation changes)
EMMET FARRELL, a witness of lawful age, being first duly sworn, deposes and says: Questions by Mr. OSSENTON
Q: Have you been sworn as a witness?
A: Yes sir.
Q: Tell the jury your name.
A: Emmet Farrel
Q: How old are you?
A: Going on 21.
Q: Where do you live?
A: Fayette county.
Q: Where abouts?
A: Boomer.
Q: Do you recall when the miners were assembling at Marmet in the latter part of August and early part of September last year?
A: Yes, sir. I heard about it.
Q: Was you down at Cedar Grove, Kanawha county?
A: Yes sir.
Q: About the time that was going on, when the men were forming?
A: I went down there when they was there.
Q: How did you happen to go to Cedar Grove?
A: I was going to hunt when I went down there.
Q: About how far is Cedar Grove from Boomer?
A: About 10 or 11 miles, about 11 miles.
Q: How did you go there, ride or walk?
A. Walk.
Q: Is there a railroad on that side leading from Boomer to Charleston?
A: Yes sir.
Q: What railroad is that?
A: Kanawha and Michigan.
Q: Does that railroad pass by Marmet on the opposite side of the river?
A: Yes sir.
Q: About what time did you leave Boomer to go down?
A: About 6 o'clock.
Q: Anyone go with you?
A: No sir.
Q: How did you travel, by the county road or the railroad?
A: Traveled by the railroad.
Q: When you got near Cedar Grove did you see any men?
A: No sir.
Q: Did you see any men on that occasion at all that night?
A: Never seen any but that gang.
Q: Where was that?
A: At the mouth of the hollow?
Q: What hollow?
A: Cedar Grove.
Q: They call that Kelley's creek?
A: Yes sir.
Q: Was it night or day when you got to the mouth of Kelley's Creek?
A: About 10:30.
Q: Day or night?
A: Night.
Q: About how many armed men did you see there at the mouth of the creek?
A: Looked to me like about 75 or 80.
Q: Did you pass by them as you went up the creek?
A: Yes sir.
Q: How near did you pass to them?
A: I passed within 35 feet of them.
Q: Did you observe what kind of guns they had, rifles or pistols or what?
A: They had rifles, and pistols, too.
Q: Was there any lights about the point where you passed these men?
A: Yes sir.
Q: What kind of lights?
A: Electric lights.
Q: When you passed this body of men, did you say anything to them as you passed, or they to you?
A: I never said anything to them.
Q: Tell the jury what happened.
A: When I passed by they hollered "Halt" I just kept walking, and they commenced shooting.
Q: Did they say anything else about the time they hollered "Halt?"
A: They said: "God damned son of a bitch."
Q: Was that before they shot you or after?
A: After.
Q: About how many shots were fired?
A: I couldn't say.
Q: Any strike you?
A: One of them.
Q: Where?
A: In the hip.
Q: What effect did that have on you when it struck you?
A: Killed the nerve in it.
Q: Did you stand up or fall down?
A: Fell down.
Q: What did they do, if anything, after you were shot down on the ground?
A: They kept shooting.
Q: Was there any other person shot and killed that night?
A: They said—
Objection.
Sustained.
A: I don't know.
Q: How did you get away from the point where you were shot?
A: I pulled over to the country road and hollered, and a woman, she came and got me, her and her daughter.
Q: How far would you say you were from these men when they began shooting at you?
A: About 50 yards.
Q: Did you hear any bullets whizzing while you were on the ground?
A: Yes sir.
Q: How near did they come to you? Could you tell?
A: One hit me - come all around.
Q: About how many bullets did you hear strike the ground around you after you fell on the ground?
A: I heard several of them.
Q: You said you hollered to some woman - who was that woman?
A: Thompson woman, I don't know her name.
Q: Where did they take you from there?
A: They took me up to their house on the hill.
Q: Where did they take you from there?
Objection.
Sustained.
Q: How far is Cedar Grove from Marmet?
A: I don't know.
MOTION IS MADE BY COUNSEL, for the defendant to strike out the testimony of this witness.
QUESTIONS BY THE COURT
Q: When was this?
A: August 24th.
Q: Did you see any of these men?
A: Yes sir.
Q: Did you know any of them?
A: No sir. I didn't know any of them.
Q: Which way were they going?
A: They were standing - all in a big bunch.
Q: Were they on the highway or in a field?
A: They were standing in front of a big store.
Q: When you past them they told you to halt, and then shot?
A: Yes sir.
Q: They were all strangers to you?
A: Yes sir.
Q: You don't know where they came from?
A: No.
Q: You don't know where they were going?
A: No sir.
THE COURT at this time reserves the right to hold this motion in abeyance.
THE COURT: I think it ought to appear a little more satisfactorily that these men were connected with this assembly in some way. We will hold it in abeyance. If you can show that, all right. If not, we will strike it out later.