Ivan J. Ely
(transcriber may have made spelling and punctuation changes)
IVAN J. ELY.
A witness of lawful age, being duly sworn -
Q: (Mr. Osenton) Have you been sworn?
A: Yes.
Q: How old are you?
A: I will be 32 the 23rd of next October, 1922
Q: Where were you living in August and September, last?
A: At Kayford.
Q: What county is that in?
A: In Kanawha County.
Q: Do you know where the town of marmet is situated?
A: I have been through it a number of times?
Q: How far is Marmet from the place where you were living?
A: I don't know exactly, but I judge about 20 miles.
Q: In going from you place to Marmet, how did you travel.
A: Up Cabin Creek and straight across with the C. & O. railroad.
Q: Can you travel there in an automobile?
A: At that time, you could. You can during parts of the year.
Q: Do you recall the assembling of the body of miners at Marmet on Lens creek?
A: I did not see them personally at Marmet. I saw them going to and coming from there.
Q: Do you remember the occasion when they assembled there?
A: Yes.
Q: You saw a number of men going there?
A: Yes. The first I saw or heard of it was on Monday when Mr. Keely [sic] came to the Rose tipple and we saw the Coal River train going down an hour or half an hour late, and the train was loaded down with men. Some were even on top of the tender and other cars. Quite a number were armed with rifles and I could not tell what else as I was back from where they were.
Q: Did you hear them say where they were going?
A: Not that morning. I asked Mr. Keeley about it.
Q: In what direction were they going?
A: They were on their way up Cabin creek to the Junction
Q: Did you see any other men pass your place, or leave your place?
A: That afternoon I saw quite a few go by. I was on the road to Dakota and saw a lot of them.
Q: Were these men armed?
A: Yes. Quite a number of them were.
Q: What kind of arms did they have?
A: Some of them had high power rifles and revolvers and squirrel guns and pistols.
Q: Did you hear any of the men on the train say where they were going?
A: I asked a number of them, and they said they were going to Marmet.
Q: Did they say why they were going there?
A: I asked them what their objective was, and they said to march to Logan county.
Q: Did they say anything else?
A: Said they were going to Logan and on to Mingo to free the prisoners who were in jail and to kill the state constabulary and other general remarks along this line.
Q: Did you see any other men on that day travelling in any other way except on the train in the direction of Cabin Creek Junction?
A: I don't recall that I did.
Q: Did you see anyone pass after that on the train by automobile?
A: Practically the whole week they were passing my place
Q: What number of armed men did you see going toward Cabin Creek Junction?
A: I should say about 2000.
Q: What proportion of them were armed that you saw?
A: Fully 50% of them.
Q: Did you see them pass in any way except on the train?
A: I noticed a number of automobiles all the time.
Q: How many automobiles did you see going in the direction of Marmet?
A: I could not estimate the number.
Q: Were the men in the automobiles armed?
A: Sometimes they were and sometimes they were not.
Q: Do you know anything about any stores being entered by the armed men?
A: Yes, they entered the store at Kayford twice.
Q: Tell the jury about it.
A: I could not place definitely the day they first came to our store, but I think it was Tuesday or Wednesday. My wife waked me up and I looked out of the window and saw a number of men going toward the store just across the railroad track. I got up and dressed and went out on the porch. I saw these men go up to the store and stand about there for a few minutes. Then part of them came back to Mr. Baker's house and part to the house of Mr. Keeley, General manager of the company. We have an electric light there and I could see Mr. Keeley and Mr. Baker in front of these armed men going toward the store. I could not see the store itself, because the depot is between my house and the store. I waited until they came out, and then I went over and found they had been in the store.
Q: About how many were in that party of armed men that you saw going to the store with the superintendent in front of them?
A: I suppose somewhere in the neighborhood of fifty. I made no attempt to count them.
Q: Had they left when you got there?
A: Yes.
Q: Did you notice in what direction they went after that
A: Back up the creek.
Q: In the direction of Cabin creek junction?
A: Yes.
Q: How [w]ere they travelling?
A: Marching down the road, walking, in automobiles.
Q: Do you know of your own knowledge what they went to the store for?
A: They were under the impression that there were a number of rifles and guns in the store.
Q: Who were the men they took to the stores with them?
A: Josiah Keeley and A. J. Baker.
Q: Where was Keeley walking with reference to the armed men?
A: In front of them.
Q: What were the armed men doing with their guns?
A: They had their guns trained toward Keeley
Q: Did you hear anything said by these men at anytime?
A: I could not distinguish what they were saying
Q: Do you know a man by the name of McKenzie?
A: I know a man by the name of N. A. McKenzie
Q: What work did he follow at the time.
A: At the time he was check-weighman at the Shamrock mines.
Q: Is that an organized mine?
A: Yes.
Q: Did he belong to the local there?
A: I presume he did. He was very officious about it.
Q: Did you see him at the time the men were at Marmet and have any conversation with him?
A: Yes.
Q: Where did you see him?
A: In front of the depot at Kayford.
Q: What did he say - tell the jury just what he said?
A: He said he wanted some high power rifles. I said I did not have any. He said he knew I did have some. Said they would have to go and get them. He kept on insisting that I had some high power rifles. I said I did not, and he said he would have to search the house, and then rather than have them go there when I was not there, I said they could search it and all they would find would be a 38 pistol, and they said they did not want that.
Q: Did he say at that time what he wanted the rifles for and where they were going
A: No, he just said they wanted them.
Q: Did you afterward see him with these armed men?
A: Yes.
Q: When?
A: The next afternoon
Q: About how many armed men were with him?
A: About thirty.
Q: After he had that conversation with you did anyone else come to you about the guns?
A: Yes.
Q: How long after that man had been to see you?
A: The next morning they came to the house and I was not there and they came back after dinner.
Q: How many were in the crowd?
A: Two came directly to the house and about thirty stood over the depot and McKenzie was with them.
Q: How were they armed?
A: These two that came to my house were armed with rifles and automatic revolvers, and I could not see how the others were armed.
Q: What did they say?
A: They said McKenzie had sent them over for the high power rifles, and I told them I did not have anything except the pistol and they said they would take that so I gave them the pistol.
Q: Were they white or negroes?
A: Negroes.
Q: How many negroes were in the party by the depot?
A: I could not tell you
Q: Were any of them black?
A: Yes.
Q: Can you give us the name of the two men who got the pistol?
A: One was William Drumright and the other was Howard Higgins. William Drumright had been working for the Rose Hill mine.
Q: How far is the Rose Hill mine from Kayford?
A: It is one of our mines at Kayford
Q: What was said or done at the time he got the pistol?
A: I asked them what they would do if I did not give it to them and he said they had orders from McKenzie to get it.
Q: What did you do to them?
A: I gave it to them.
Q: Did you give them any ammunition?
A: They said they wanted what ammunition I had. I think there were three or four shells in the pistol, and I gave them part of a box of shells I had on my dresser.
Q: Are you a married man?
A: Yes.
Q: Where was your family at that time?
A: My wife was on the porch with me.
Q: Have you any children?
A: One.
Q: When they got this pistol where did they go?
A: They withdrew to the crowd at the depot, and they withdrew, and I think they went back on the train that afternoon.
Q: Did you get this pistol back?
A: No.
Q: Was this on the first or second march that they took the pistol?
A: I hardly think it was on the first march. It was on Saturday of the week. They came back that night on the special train. I know I saw these two negroes the next day and jumped them about returning my pistol.
Q: Did you see them going back to Cabin creek junction?
A: I did not see these negroes, but quite a number of others.
Q: Did you have any conversation with McKenzie about the pistol after that?
A: Not until they came in after the march was all over.
Q: Did you make any effort to get the pistol back?
A: Yes. I asked the negroes to return it, and I finally told them I would have them indicted for highway robbery if they did not get it back and they said they would try to get it back, but that is as far as it ever went.
Q: When did you talk with McKenzie about it?
A: Two weeks later on Sunday, and he said if I did not keep quiet about that damned pistol and tried to have these men indicted, I would never live to see them convicted.
Objection.
Objection sustained.
Q: What is your work at Kayford?
A: Superintendent of construction, of the Cabin Creek consolidated coal company.
Q: The objection of counsel to the above question having been withdrawn, I will now ask you what McKenzie said to you about two weeks later about this pistol?
A: He said he did not want to hear anything more about the pistol and if I attempted to indict the negroes that I would not live to prosecute the indictment.
Q: Where did this conversation take place?
A: Between the depot and the post office at Kayford.
CROSS EXAMINATION BY MR. HOUSTON.
Q: Do you know Mr. Blizzard?
A: Not personally.
Q: Do you know him by sight?
A: Yes.
Q: How long have you known him by sight?
A: Only since I came to this trial.
Q: Did you see him there at any time during the period covered by your testimony?
A: Not to know him.
Q: Do you know Mr. Keeney?
A: Not personally, only by sight.
Q: Did you see him at any time during the time you have spoken of?
A: No.
Q: Do you know Fred Mooney, Secretary of District No. 17?
A: No, not personally, but I know him by sight.
Q: Did you see him at any time during the period you have testified about?
A: No.
Q: How long have you known McKenzie?
A: At that time, something like 14 or 15 months.
Q: Do you know where he is now?
A: I have heard where he is.
Q: Have you seen him since you came to Charles Town?
A: No.
Q: Where did you see him last?
A: At Kayford.
Witness dismissed.