J. M. Stone
(transcriber may have made spelling and punctuation changes)
J. M. STONE
Direct Examination by Mr. Ossenten.
Q: Have you been sworn?
A: Yes, sir.
Q: Tell the jury you name?
A: J. M. Stone.
Q: Where do you reside, Mr. Stone?
A: Charleston.
Q: Kanawha County, W. Va.
A: Yes, sir.
Q: Was you living at Charleston or near Charleston the latter part of August and the early part of last September?
A: Yes, sir.
Q: What is your business?
A: I am in the construction business - contractor.
Q: What do you do?
A: Railroads and construction along that line.
Q: Was you living in Charleston and did the learn of the assembled men and miners at Marmet?
A: I was doing work at Winifred Junction at that time.
Q: What railroad is Winifred Junction on?
A: C & O, also the Winifred Coal Co.
Q: A road called the Winifred leaves the main line and goes up - what branch - of that name?
A: Fields Creek, I believe.
Q: How far is Winifred from Marmet?
A: They call it two miles, the people that live there.
Q: During the time the miners were assembled in or near Marmet on Lens Creek, did you see any armed men?
A: Yes, sir.
Q: Do you recall the dates you first say any of them?
A: I don't remember the exact date, no, sir. It was the latter part of August or the early part of September, I believe.
Q: Where did you see the first bunch of armed men?
A: They passed Winifred Junction.
Q: In what direction were they going with reference to Marmet?
A: Going toward Marmet.
Q: About how many were in that bunch?
A: Altogether I would say there must be from five to ten thousand I seen pass.
Q: In this particular bunch you saw passing Winifred on the occasion referred to, how many were in that bunch?
A: There were so many bunches I could not remember a particular bunch, they were passing every day for four or five days.
Q: Were they all going through to Marmet?
A: Yes, sir.
Q: About what proportion of the men you saw traveling through to Marmet were armed?
A: I would say 75%.
Q: Describe the arms they carried, what was they?
A: Some had pistols, some had rifles.
Q: How did they travel?
A: On C & O trains, on Cabin Creek cars, on the highway, automobiles, some on foot.
Q: Did you hear any of these armed men say anything about where they were going or what they were going to do?
A: All I heard said they were going to Logan.
Q: Did you hear them say anything else?
A: Some said they were going over to kill Don Chafin, release the prisoners out of jail that had been arrested and were going to Mingo
Q: Did you hear any of these armed men say what they were going to do in Mingo?
A: Said they were going to release the prisoners in jail and organize the miners over there
Q: Was you at Marmet and on Lens Creek while they were camping there?
A: I was at Winifred Junction while they were camping at Marmet.
Q: Did you pass through Marmet at any time while they were there?
A: I went back and forth most every day on the cars going to my work, not every day, but three or four times a week.
Q: Did you observe in passing Marmet whether they had pickets?
A: I saw armed pickets on the highway between Marmet and Winifred Junction.
Q: Do you know where the mouth of Lens Creek comes into Marmet?
A: I know the mouth of a creek, I believe they call it Lens Creek.
Q: Did you observe any guards at the mouth of that creek?
A: Yes, sir.
Q: What were they armed with?
A: Rifles, all I noticed.
Q: Are you connected in any way with mining?
A: No, sir.
Q: Miners Union?
A: No, sir.
Q: I will ask if you heard any expression from any of these armed men with reference to martial law?
A: I did.
Q: What were they saying?
A: After the President's proclamation went into effect the next day there was a bunch of them -
Objection.
Overruled.
A: The next day a few met there and I heard these that seemed to be going home says to the others, "Where are you going?" They said "We are going to Logan." They said, "Don't you know martial law is in effect?" They said, "God damn the martial law, we are going to Logan."
Q: These men were going towards Logan?
A: No, toward Marmet.
Q: How many armed men were in that crowd going to Marmet?
A: Very small, 15 or 20 at that time.
Q: Mr. Stone, did you hear any other statements made by these men, if so, tell the jury.
A: I did.
Q: Tell the jury what other statement you heard them made?
A: On one occasion there was about 15 going by where I was working, and as I passed them, I heard one say to the other that they were going to Charleston and burn the newspaper office and hang the Governor.
Q: Did you hear any other statement?
A: Yes, sir.
Q: Tell the jury about that.
A: On another occasion I was on a street car and some of them were on there and I heard some say to the others that they were watching every train that came in from Charleston with State Police, and that they were going to kill every one that got off.
Q: Got off where?
A: At Marmet.
CROSS EXAMINATION by Mr. Houston
Q: Did you have your memory refreshed about this during the noon hour?
A: I did.
Q: Who did you talk to?
A: I talked to Mr. Belcher.
Q: Did you talk to any one else?
A: Yes, sir. I spoke to Mr. Ossenton.
Q: Why didn't you tell the jury that this forenoon?
A: It did not come to mind.
Q: You had to have your memory refreshed?
A: Yes, sir. I refreshed it myself.
Q: Where did you talk to Mr. Belcher and Mr. Ossenton?
A: In the office over here.
Q: Who asked you to go over there?
A: Mr. Belcher, I told him I recalled this instance.
Q: Did he ask you if you did not recall it?
A: No, not until I told him.
Q: Who was this man you heard say that?
A: I don't know.
Q: Did you ever see him before?
A: No.
Q: Have you ever seen him since?
A: No.
Q: Do you know whether he was a miner or not?
A: I do not.
Q: Do you know whether he was a preacher?
A: I do not.
Q: Do you know whether he was one of the attorneys?
A: I know it was not them.
Q: Do you know it was not Mr. Porterfield?
A: I do not know him.
Q: He is ostensibly the prosecuting attorney, he did not say that.
Mr. Belcher: I object to the use of the work ostensibly.
Mr. Houston: I withdraw it.
A: I do not know him.
Q: What day of the week did you say you heard this?
A: I do not know.
Q: There were two marches, were there not?
A: Well, I think some of them returned home and then turned and went back again.
Q: On which march did you hear this man make this remark about burning the newspaper office?
A: It was when they were going back the second time.
Q: Don't you recall the day of the week?
A: No, I cannot, I did not keep a diary of it. I tried all along to keep out of this.
Q: You were not trying to keep out of it at the noon hour, were you'
A: I was already in it then.
Q: You didn't have any trouble getting in here as a witness, did you?
A: Not a bit, but I protested against coming here on the start.
Q: Where are you staying?
A: At the Jefferson Hotel.
Q: How long have you been here?
A: Since Sunday a week ago.
Q: How did you come?
A: On a train.
Q: What train?
A: C & O and N & W
Q: Paying your own way?
A: I don't know, I haven't paid it yet.
Q: Did you come on the Logan Special?
A: I came on the C & O special, I don't know whether that was the Logan special or not.
Q: You heard the men calling it the Logan special, didn't you?
A: Yes, sir, after I got started I did.
Q: Your memory is clear on that?
A: Yes, sir.
Q: Who is paying your hotel bill?
A: I don't know, I have not. If some [one] wants to pay it I won't stop them.
Q: You don't object to being paid, do you?
A: No, sir, that is the way I make my living.
Q: Do you expect to pay your way home?
A: I will if no one won't. I have always paid my own way except on this trip.
Q: You didn't pay it this time?
A: I have not so far.
Q: The railroad company didn't trust you did it?
A: I never did.
Q: Have you been over to Harpers Ferry since you have been here?
A: Yes, sir, twice.
Q: Who did you see there?
A: Mr. Belcher, Mr. Ossenton and some I didn't know.
Q: Have you ever been to the Hill Top?
A: Yes, sir.
Q: How many times have you been over there?
A: To the Hill Top once, and then I went through Harpers [Ferry] once when I was going to Washington.
Q: And you talked to them about this case?
A: Yes, sir.
Q: Told them what you knew?
A: Yes, sir.
Q: Did you tell them about this fellow saying he was going to burn the newspaper office?
A: No.
Q: And you never thought of that until the noon hour, did you?
A: Yes, sir.
Q: Why didn't you tell them before then?
A: I wanted to get out of this. My life won't be safe when I go back.
Q: Where did you come from?
A: Charleston. My work has been in the coal fields.
Q: Have you ever been around Winifred?
A: I was building a railroad there.
Q: You are not afraid around Charleston, are you?
A: No, not in the city, but I can't work in the city, they don't build railroads there.
Q: You hang around there, don't you?
A: Yes, sir, I got a home there.
Q: Are you afraid around Winifred Junction?
A: I was not when I was there, but I was when this march started.
Q: Did anyone threaten to do anything to you.
A: No.
Q: You are not afraid are you.
A: No I am not now.
Q: You say no one threatened to do anything to you.
A: No not that I heard of.
Q: What are you afraid of.
A: That someone will kill me.
Q: Did anyone guard you on your way up here.
A: No.
Q: Have you spoken to Col. Arnold about protecting you.
A: I don't know Col. Arnold.
Q: Where were you born.
A: In South Carolina the Palmetto State.
Q: How long have you been in this State.
A: I built my home in Charleston six years ago, but I have not been living there. I was away working. For the last two years I have been close to home.
Q: Where are you working now.
A: I am not working anywhere.
Q: What kind of work do you do.
A: Building railroads, tunnels, concrete work and all of that class.
Q: Do you prepare the ground to lay the tracks.
A: Yes, sir.
Q: You work quite a number of men.
A: Sometime I do.
Q: Where did you work last.
A: For the Winifred Coal Co.
Q: What did you build there.
A: Rebuilt one of the railroads at Red Valley Creek Channel, and the last work I did was at the Junction.
Q: You say some fellow said they were going to burn the newspaper office, which newspaper office.
A: The didn't say which one.
Q: do you know whether this fellow was a coal operator or not.
A: I do not.
Q: Did he say he was going to burn the Union Labor Paper.
A: He didn't say.
Q: Did you report that incident to anyone.
A: Not until I told Mr. Belcher.
Q: There is a Justice of the Peace there is there not.
A: Yes, sir plenty of them, but you couldn't find them when this march was going on.
Q: Some of these Justices of the Peace were in that march weren't they.
A: Might have been I don't know.
Q: And there were a few preachers in it.
A: I saw in the paper there were.
Q: There might have been a few contractors who were in it.
A: There might have been I don't know, I know I wasn't in it.
Q: Why didn't you report this threat to someone.
A: I told you a while ago I was trying to keep out of this business.
Q: If you heard a man making a threat against the life of the Govenor [sic] of the State you would report it wouldn't you.
A: That depends upon the circumstances.
Q: You were working withing twelve miles of Charleston.
A: Thirteen.
Q: You could have jumped on the K & M, the C & O, or the Interurban and gone to Charleston, couldn't you.
A: Yes, sir.
Q: And you heard them make this threat within twelve miles of where the Governor lives.
A: Yes, sir.
Q: And you didn't say a word to anyone about someone trying to kill him did you.
A: I did not.
Q: You never reported that threat at all.
A: No, sir.
Q: You didn't take it seriously did you.
A: No, sir.
Q: Didn't think there was any weight attached to it.
A: I didn't know.
Q: If you had you would have reported it to the authorities.
A: I have not reported anything about this, but I reported it here.
Q: Mr. Belcher is not a Justice of the Peace or Police Officer is he.
A: Not that I know of, I never saw him until I saw him here.
Q: Do you own any coal mines.
A: Well, I hope not.
Q: Do you own any stock in any coal mines.
A: I do not.
RE-DIRECT EXAMINATION
Questions by Mr. Osenton
Q: You were summoned as a witness for the State, got a subpoena didn't you.
A: Yes, sir.
Q: And you were invited to ride in the Miners Special that left Charleston.
A: Yes, sir when I made inquiries as to how I was to get here the Officer who served the summons on me told me there would be a Special train leaving Charleston at four o'clock and he told me to get on it and I did.