Charles F. Thompson
(transcriber may have made spelling and punctuation changes)
MAJOR CHARLES F. THOMPSON, a witness of lawful age, being first duly sworn, deposes and says: Questions by Mr. BELCHER
Q: What is your name?
A: Charles F. Thompson.
Q: Have you been sworn?
A: I have.
Q: Are you connected in any way with the U.S. Army?
A: I am.
Q: What is your rank?
A: Major.
Q: Where are you stationed, Major?
A: Washington, D.C.
Q: What department of the Army are you with?
A: General Staff Corps.
Q: Were you in West Virginia the latter part of August, 1921?
A: I was.
Q: By what mission were you there?
A: At that time I was on duty as Asst. Chief of Staff of the 5th Corps. Area, which includes the State of West Virginia, and I was sent to West Virginia to investigate and report upon conditions there.
Q: Did you make such investigation and report?
A: I did.
Q: To whom did you make that report?
A: I reported to the Commander General of the 5th Corps. Area, directly, and to the Deputy Chief of Staff in Washington and later to General Bandholtz.
Q: Was the investigation you made there in regard to the armed march and the invasion there of Logan County?
A: It was.
Q: Tell the jury just what you found during the investigation.
QUESTION BY MR. TOWNSEND
Q: Did you make a written report of your investigation?
A: I reported by telephone, telegraph, and then made a partial written report at the conclusion of my duties in West Virginia.
THE COURT: I think he could state anything of what he observed there.
Q: Tell the jury what you found there.
A: I went to West Virginia, first, on Tuesday, August 23d in compliance with a telegraphic instruction received at Fort Benjamin Harrison from the War Department.
Q: At what point in West Virginia did you go?
A: I arrived in Charleston early in the morning of Thursday the 25th. I gained an impression of the situation from such remarks and rumors as were available in Charleston at that time, and about 3 o'clock on the morning of Friday the 26th, reported to General Banholtz who arrived from Washington. Shortly after General Banholtz's arrival, a conference was held, first with the Governor and then with the officials of the United Mine Workers.
Q: Who were these officials?
A: Mr. Keeney, Mr. Mooney, and Mr. Houston.
Q: Who suggested that conference?
A: I suggested the conference, but I believe Gen. Banholtz had about made up his mind to that line of procedure, anyway.
Q: Had you known Mr. Keeney before that time?
A: I had.
Q: Where had you first met him?
A: At Williamson, Mingo County, West Virginia.
Q: When in reference to the time you had this conference with him that you are just now speaking of?
A: I met him sometime in May, 1921, the preceding Spring.
Q: What were you doing in Williamson at that time?
A: I was on a similar mission - to investigate the conditions then existing in Mingo county as a result of the firing in what was commonly known as "The Three Days Battle".
Q: That was in Mingo County?
A: Mingo County and Pike County, Kentucky.
Q: What, if anything, was done there with Mr. Keeney in reference to that battle, if you know, by yourself?
Objection.
Sustained.
May 4, 1922
Q: Just what was said in that conference between Gen. Bandholtz, yourself, Mr. Keeney, Mr. Mooney, and Mr. Houston?
A: General Bandholtz informed them of the instructions that had been given to him and upon which he had proceeded to Charleston, to the effect that he should investigate and recommend to the War Department and that in the event the troops were required, would take command of the troops, report to the Commanding General of the Fifth Corps, and operate under his instructions. He told the gentlemen in effect that he did not propose to enter late any discussion as to whether or not the movement had been organized by the United Mine Workers, but that undoubtedly a large proportion of the participants were members of the United Mine Workers.
Objection by Mr. Townsend.
Objection sustained.
Q: As a result of that conference, what did Mr. Keeney, Mr. Mooney, and Mr. Houston do?
A: Mr. Keeney started to Madison. I do not recall by what route nor would I necessarily know. In the afternoon or early in the evening, he called me by telephone and stated that he had stopped the marchers; that they were returning to their homes and asked me to take up the matter with the Governor of getting train on which to return the miners to their homes.
Q: At the request of Mr. Keeney for trains, what did you do?
A: I took up the matter with the Governor.
Q: Then what did you do next in regard to the situation there?
A: The following morning, I went to the junction of Paint creek and Cabin Creek to observe in several places if the miners were apparently returning to their homes, in order to satisfy myself that there was a general return.
Q: You were then wearing your soldier's uniform?
A: I was.
Q: After that, what did you do next, if anything?
A: I returned to Charleston that afternoon. That was Saturday, Aug. 27th, and took the evening train for Fort Harrison.
Q: Did you reach Fort Harrison?
A: I did, on Sunday morning.
Q: Did you have any further connection with the matter?
A: Later, on Monday, another telegram was received from the War Department [for] me to again return to West Virginia. I arrived in Charleston in compliance with that telegram on Tuesday, the 30th, on the evening train.
Q: How long did you remain in Charleston on your arrival there?
A: Until shortly before midnight.
Q: Where did you go then?
A: I sent to St. Albans, then by special train and up Coal River.
Q: What point did you go to up Coal River?
A: We stopped first at Jeffries and I inquired as to some leader of the movement with whom I could get in touch, and the man who appeared to be in charge of the men assembled at Jeffries volunteered to have me taken by automobile to a point which he said was about six miles distant. I went in the automobile - I am not certain, but I think it was up Hewitts creek and went to a place called Lake, and there I came in contact with a man who seemed to be regarded as the leader of the men in that vicinity.
Q: In going up Hewitts creek who accompanied you?
A: Mr. Porter. I believe he was an officer of the Sub-District of United Mine Workers, and the driver of the car, and also a man who appeared to be in charge at Jeffries.
Q: Do you know the name of that man?
A: I do not.
Q: In going to Hewitts creek, did you encounter any guard lines?
A: Yes.
Q: What happened on these occasions?
A: I think we were stopped, anyhow four times, by armed outposts. We were halted by them at some distance, and in each instance, men approached the car, at least two men, and sometimes three. The driver of the car gave a password, and then on each occasion members of the outposts carefully looked over the equipment of the car. I was in uniform and they inquired as to the purpose of my visit.
Q: Did you tell them?
A: I did.
Q: Then after you have reached this point on Hewitts creek and found the man who claimed to be the leader, and who was pointed out to you as the leader, what did you do next?
A: I had with me a copy of the proclamation that had been issued that afternoon by the President. This proclamation had been telegraphed to the Governor of West Virginia. I had by telephone verified this proclamation received by telegraph with the officials of the War Department before starting on the trip. I read the proclamation to the men who were assembled there and informed them of the consequences of their not dispersing and remaining out in opposition to the proclamation of the President after the time set, which I think was noon on Sept. 1st.
Q: What day of the month was it that you first got to Jeffries?
A: I reached Jeffries, I think, a little before three in the morning on Wednesday, Aug. 31st.
Q: Do you know what the pass word was the driver gave at the outpost where you were halted?
A: I do not.
Q: Major, I hand you a paper, and will ask you if you know what it is?
A: It is a copy of the proclamation issued by the President. That is, the wording is similar to that in the copy I just mentioned having read to these groups of men.
Copy of Proclamation of President offered in evidence as Exhibit 1, Major Thomas - Prosecution
Question by Mr. Townsend: Did you say the wording was similar?
A: Yes.
Objection is made to the offering of this proclamation in evidence as an exhibit.
Objection sustained.
Q: Was this proclamation of the President printed at the time you were there and distributed to these men?
A: The official copy of the President's Proclamation was not received until after I visited Jeffires [sic].
Q: The copy of the proclamation that you delivered to the men in Logan county - did you compare that with the official copy that you had received, to ascertain whether or not it was the same?
A: No, I did not. I could only state that the copy which I read to them was similar in word and meaning to the proclamation you have shown me.
Q: How was the proclamation that you read on that occasion, received by these men?
A: I had been telegraphed to the Governor, and the Governor gave me the copy of the telegram. Then I telephoned to the War Department and read them that telegram for verification.
Q: Was the proclamation given to you by the Governor of W. Va., the same as the one read by you over the telephone to the officials of the War Department from the official proclamation at Washington?
A: It was.
Q: Was there any other proclamation issued by the President of the United States with reference to this matter?
A: There was not.
Q: So that the proclamation which was handed to you by the Governor of West Virginia, and concerning which you talked to the War Department, is the same proclamation that you read to the men of Logan county?
A: It is.
Q: How did the men receive the proclamation?
A: They did not comply with it.
Q: At what time did you first read this proclamation to them?
A: I read it to them after we had gone up Hewitts creek, I suppose about six miles. From Jeffries we came on over with the man who appeared to be the leader there and read it to a ground of about forty men.
Q: After you had read this proclamation to the leader or the person who stated to you that he was the leader, did the firing continue, or did the fighting resume? Did you hear any firing up there?
A: I did not.
Q: Do you know whether there was any fighting after this proclamation was read?
Objection.
Objections overruled.
Q: Where did you go from Hewitts creek?
A: I went back to Jeffries and back to the town of Sharpless about daybreak and then continued to Blair.
Q: What did you do at Blair with reference to the proclamation?
A: I posted it and explained it in detail. I am not certain that I read it.
Q: How was it received by those men at Blair?
A: They did not comply with it.
Q: How did you get there on that occasion?
A: By special train.
Q: Did you encounter any armed men at Blair?
A: I did.
Q: You were then in the uniform of an officer of the army?
A: Yes.
Q: Did you have any trouble with these armed forces at Blair while you were there delivering to them the proclamation of the President?
A: There was an occurrence. I told the conductor of the train to take it up to the turntable, which is, I think a mile beyond Blair, and bring it back. I talked to the men who were assembled at Blair; posted the proclamation, explained what it meant and when the train returned my back was toward it. I turned around and found that men with guns drawn had boarded the train and that they were covering at least two of the train crew. I did not see whether they were covering every member of the train crew or not. I pointed out to them that the train had been turned over to me as a Federal representative. That I had, and was there for the purpose of informing them as to the President's proclamation, and proposed to do everything I could to prevent their taking that train. Then I invited them to get off, and after a slight hesitation, they did get off the train.
Q: Just tell the jury what you explained to the men on that occasion concerning the President's proclamation.
Objection by Mr. Townsend.
THE COURT. I think the proclamation would have to be proved separately, but I think the witness could testify as to what he said and did on this occasion in explaining the purpose of it to the men, so I will overrule the objection.
Exception reserved.
Q: Tell the jury what you told the men on that occasion at Blair.
A: There was a great deal of confusion at Blair. I explained to them first the meaning of the proclamation and that if they remained under arms and did not obey the proclamation and disban[d] and disperse to their homes by noon on Sept. 1st, that they would be in a position of being in insurrection against the Federal Government.
Objection by Mr. Townsend, who asks that this testimony of this witness be stricken out.
Objection overruled.
Exception taken.
Q: After you had made the statement to them that you have detailed to the jury, did they show any disposition to obey?
Objection by Mr. Townsend.
Objection sustained.
Q: What did they do after this statement of yours?
A: First one and then another of them told me their side of the case, of their wrongs, or alleged wrongs that they were attempting to justify, and I invariably replied that the Federal Government did not have any concerns with that; that the Federal Government was only interested in the maintenance of law and order within the District, and advised them to desist because if they remained out after the time specified by the President in his proclamation, they would be in insurrection and the consequences might be very grave.
Q: What did they do?
A: It appeared to make no difference. The condition there was what might be called "mob hysteria."
Q: Did you observe this force at that time to ascertain whether they had any kind of organization? The firing was going on in the vicinity of Blair mountain at that time, was it not? You heard that, did you not?
A: Yes, the men I came in contact with at Blair were not organized. They were presumably not actively engaged in the fighting line, at least.
Q: Did you observe that they had any organization along military lines?
Objection.
Objection sustained.
Q: Did you observe that these men had any organization while you were there?
A: No, not at Blair.
Q: How many men did you see there while on this mission to Blair?
A: I suppose possibly four or five hundred men under arms.
Q: From your observation of that situation and conditions there, how many men would you say were assembled in that vicinity?
A: Based on the strength of their outpost at Jeffries and the number of men who were apparently keeping up the supply service, I would say about 5000 altogether. That is along the complete line from Madison to Blair and up into the hills.
Q: What did you see in regard to the supply service that you speak of?
A: This trip started on the night of the 30th and the trip extended into the morning of the 31st. I placed the train on the siding, I think about Sproul. There were a number of miners there. I recognized them as miners because they had on red bands of red handkerchiefs, and they apparently had charge of the provisions. In Jeffries they had a building that they had taken over as a rest room and lunch stand. They also had an improvised hospital at Jeffries and there were men there wearing the Red Cross brasser. At Blair one man passed me who said he was going back for ammunition. I think that is the extent of my observation of the supply service.
Q: You said they had a rest room - how was that used, if you know?
A: They were supplying the men with coffee and provisions. I saw the men come out with coffee and bread. I don't know to what extent it was used. I was only outside for a short time, and I saw the men coming in and out.
Q: How long did you remain in Blair?
A: Not over twenty minutes.
Q: Then w[h]ere did you go?
A: I returned to Charleston.
Q: On what date did you return to Charleston?
A: I reached Charleston about noon on Wednesday, Aug. 31st.
Q: Then what next did you do with reference to that situation?
A: I reported that I considered the troops necessary, sending the message to the War Department and to the commanding General of the Fifth Corps Area. I was then advised that General Bandholtz would arrive there in the forenoon of the next day, Sept. 1st.
Q: Did he arrive then?
A: He did.
Q: Were troops sent in after that?
A: They were.
Q: About how many were sent in if you know?
Objection.
Objection sustained.
A: I think 2,000 and 2,500.
Q: Where were these troops distributed, if you know?
A: The first troops were sent to Coal River district, the first detachment to Madison; the next detachment was put farther up the Coal river. The last troops from the west were taken into Logan and troops from the east were placed at Charleston, Montgomery, and I think Marmet.
Q: Tell the jury what other equipment, if any was sent in by the War Department?
A: The troops I spoke of were infantry troops, and had the usual infantry equipment; rifles, machine guns, automations, Howitzers, observation planes, one bombing device with chemical attachment for air service.
Q: I will ask you if the fighting was going on at the time the troops first reached this point that you have designated.
A: It was.
Q: How long did the fighting continue after the arrival of the Federal troops, if you know?
A: The first troops to arrive did not get well into the area until they went to Madison. I think they went there early Saturday morning, the 3rd inst. The fighting stopped sometime during the day Saturday. There was some firing on Saturday.
Q: What officer was in charge of the first detachment that reached Madison, in Boone County?
A: Captain Wilson.
Q: On what date, if you know, were the soldiers sent into Logan County?
A: They arrive[d] in Logan about two in the afternoon of Saturday, the 3rd of Sept.
Q: Do you know whether or not any of these air or observation planes sent in by the War Department were used during the time of the fighting in Logan County?
Objection by Mr. Townsend.
Q: Do you know whether the observation planes send in there by the Government were used prior to the time the soldiers went into Logan county, on the Coal river side and also on the Logan side?
A: I cannot state. I went to Huntington on Friday, and joined the troops going to Logan County, and accompanied them to Logan.
The right is reserved by the Counsel for the State to question the witness again later if so desired.
CROSS EXAMINATION
By Mr. Townsend.
Q: Will you please give me the date you went to Charleston the first time, the time of the day or night you arrived there.
A: I arrived there early in the morning, Thursday, the 25th, at three or four o'clock in the morning I believe the train arrives from the West.
Q: You came from the west?
A: Yes.
Q: Now, where did you go when you arrived there?
A: I went to the hotel and went to bed, I reached the Governor's office between 9 and 10 in the morning.
Q: After you left the Governor's - how long did you remain at the Governor's office?
A: I made that my headquarters most of the day. I stayed there - in fact he gave me a room there so I could compile information as to the situation.
Q: And that day you spend in getting information as to the situation?
A: Yes, sir.
Q: Then what did you do?
A: Met General Banholtz, who arrived from Washington about 3 o'clock on the morning of Friday, the 26th.
Q: Had you communicated with General Banholtz in the meantime?
A: I did not. I had communicated with Washington and Korea headquarters.
Q: That was where?
A: Fort Benjamin Harrison, Indiana.
Q: Did you know General Banholtz was coming?
A: I was informed by Washington to meet him.
Q: After he came the morning of the 26th. - he came from Washington, I believe?
A: Yes
Q: You immediately got in touch with him?
A: I met him at the train.
Q: Where did you go?
A: Went to the hotel and left his baggage, then went to this room that had been turned over to me.
Q: Was that the morning of the 26th?
A: Yes.
Q: Early in the morning?
A: It was - we reached there before four o'clock.
Q: Whom did you meet there?
A: I talked - went over the situation with General Banholtz showed him the information as far as I knew it and the Governor came in and after a conference with the Governor then Mr. Keeney, Mr. Mooney and Mr. Houston arrived.
Q: After that conversation in the Governor's office Mr. Keeney and Mr. Mooney went to Madison, Boone County?
A: I presume so, I had a message later in the day from Mr. Keeney.
Q: Was that on the morning of the 26th?
A: Yes.
Q: Do you know why they went, who sent them or asked them to go?
A: They went -
Q: Just who sent them or who directed them to go, how did they happen to go?
A: I don't think they were directed to go. I think they went of their own volition.
Q: Were they requested to go?
Mr. Townsend: I will not call for an answer.
Mr. Belcher: We would like to have it answered.
A: I don't think I could state whether they were requested to go or not without going into details.
Q: Then where did you go, Major, after that?
A: We stayed in Charleston all the 26th. The morning of the 27th. I went out to the junction of Cabin and Paint Creek.
Q: Did you receive any reports during the 26th. from Madison?
A: I said Mr. Keeney called me up late in the afternoon or early in the evening and informed me they had assembled the miners and I believe told me they had voted to turn back and asked me to take up the matter with the Governor of getting trains.
Q: Was that the afternoon of the 26th?
A: Some time, yes sir.
Q: Now you stated the next morning you went to Cabin Creek?
A: Yes.
Q: And where else?
A: I went up to the junction of Cabin and Paint Creeks on the Kanawha Valley.
Q: What was your mission in going there?
A: To verify the fact the miners were returning and so I could feel satisfied they were acting in good faith.
Q: Did you satisfy your judgment that they were returning, tell what you observed and what you did after that?
A: We observed men, a number of men, in the junction near Marmet, a number of men coming marching down that creek from the direction of Madison and I found at Cabin Creek junction about 300 more. I talked to several of them and they said they had returned and were waiting there to catch a train up the branch. At Paint Creek we saw very few men, but the station agent informed us about 90 had come in previously to that time and that they were expecting a number of others.
Q: Now, after that where did you go?
A: Returned to Charleston and went back to my station at Fort Harrison.
Q: About what time did you leave Charleston, I am not particular about the exact time, but about what time?
A: It must have been about 8 or 9 o'clock in the evening.
Q: You went by way of Cincinnati?
A: Yes.
Q: That was the evening of the 27th?
A: Yes.
Q: Who went with you if any one during the day of the 27th. on that mission to Cabin and Paint Creeks and Marmet?
A: In the car besides the driver was Mr. Petry, Vice President of Sub-District No. 17 United Mine Workers and General Sharney, Adjutant General of W. Va.
Q: Any one else?
A: I believe they were the only ones in the car with me - the driver of course.
Q: Was there anyone else in the party with you?
A: General Banholtz accompanied by Col. Ford proceeded from Marmet towards Madison, I believe went to Racine and he was accompanied by Mr. Blizzard and somebody else.
Q: That is the defendant, is this the man?
A: It is.
Q: You recognize him as being the young man who left Marmet that morning of the 27th. with General Banholtz?
A: I do.
Q: Did you see him in Charleston that morning?
A: As the party was starting out, yes.
Q: Then he went in your party from Charleston to Marmet and there left you and with General Banholtz went through Marmet and up Lens Creek?
A: Yes, that is correct.
Q: Then when did you come back again, Major, from Indiana?
A: I arrived in Charleston the afternoon of Tuesday the 30th. well about six o'clock.
Q: Where did you go?
A: I went to the hotel and the Governor's office, shortly before midnight started to St. Albans and later went up Coal River.
Q: You got in between 6 and 7:30?
A: Yes.
Q: Went to St. Albans about what time?
A: I left Charleston I think about 11 - between 11 and 12.
Q: Went to St. Albans and Coal River?
A: Yes.
Q: How did you go on to St. Albans?
A: By train.
Q: A passenger train?
A: They had a special train, an engine and coach.
Q: Where did you go?
A: Stopped first at Jeffreys
Q: What time did you get there?
A: I think a little before 3 o'clock in the morning.
Q: That would be the morning of the 31st?
A: Yes.
Q: Who was with you on that occasion?
A: Mr. Porter, I do not know his name.
Q: You refer to the official of the United Mine Workers, do you mean Mr. A. C. Porter?
A: I don't remember his initials, I think he was president of one of the districts, and another officer of the United Mine Workers whose name I cannot remember.
Q: Would you know the name if you were to hear it?
A: I think I would.
Q: Was it Fowler, David Fowler?
A: No.
Q: Was it Tony?
A: Yes.
Q: R. P. Tony?
A: I don't know his initials.
Q: Do you know what official position he held, if any, with the United Mine Workers?
A: I believe, I am not certain, I think he was treasurer.
Q: Of this sub-district?
A: I am not certain as to that.
Q: Were just the three of you in that party, Major?
A: Yes
Q: Now, after you got to Blair about three o'clock in the morning what did you do?
A: I inquired for the leader, stated I wanted to speak to the leader of that vicinity. I was informed by a man who appeared to be in charge there at the station that they were six miles up the creek, as he expressed it, about six miles, so they offered to take me up in automobile and I had the trip up the creek.
Q: Who went with you on that trip, if any one?
A: Mr. Porter in the car with me, Mr. Tony in the other car
Q: Mr. Porter and Mr. Tony were in different cars, but along in the party?
A: Yes.
Q: After you got up the six miles, what occurred then?
A: A man - when I was held up at the last out guard and state my purpose he sent for somebody and a man appeared who said he was the leader of that group and I attempted to talk with him, but quite a crowd gathered and it finally became a general talk. At last he consented to agree to hold up that detachment and I tried to get him to accompany me to the other leaders.
Q: Did he do this?
A: Went as far as Jeffreys with me, then he elected to go by automobile rather than on the train. As I stated before, we stopped at Sherman for breakfast and when our train was going into Blair this man was on with way back from Blair and I waved to him, but he signaled he would not stop then and after we reached the station we heard firing from Blair mountain
Q: When you were at Jeffreys and Hewitt Creek did you hear any firing?
A: No.
Q: Did this detachment of men you spoke of go on in the mountain or stay there?
A: I cannot say that. The leader directed them to stay there until he returned.
Q: That leader was not Mr. Blizzard, was it?
A: It was not.
Q: Mr. Keeney or Mr. Mooney?
A: It was not.
Q: Was it Mr. Toney?
A: It was not.
Q: Nor Mr. Porter?
A: It was not.
Q: Would you know if you seen him?
A: I am not sure, it was dark, then men unshaven and all pretty well messed up.
Q: What did you see in the way of equipment when on Hewitts Creek - military equipment?
A: Every man I observed had at least one rifle, most appeared to have two and some of them also had pistols or revolvers.
Q: They were not proceeding in any military formation?
A: It was midnight when I was there and they were supposed to be at rest, they had outpost systems.
Q: Did you see any ex-service uniforms around there?
A: I did.
Q: Then you got to Blair what time in the morning?
A: Some time between 7 and 8
Q: The 31st?
A: Yes.
Q: You went up on the train?
A: Yes.
Q: While you were there where did the train go?
A: Went up and turned around.
Q: You had some talks with the men there about going back?
A: I did.
Q: I understood you to say they stated to you their side of the grievances and you told them you were not interested in that.
A: No, I don't believe I stated that.
Q: What did I understand you to say then?
A: I stated I outlined to them the position of the Federal Government, the Federal Government was not there to do [anything] other than maintain the law and order.
Q: What did they say to you to indicate why they were there?
A: Various men made statements, there was, I believe I already stated, a great deal of confusion existed
Q: Some of these men to whom you talked undertook to say why they were there?
A: Yes.
Q: From your conversation with the men while there, what you heard them say and the information you secured while there, what would you say was their purpose?
A: I don't think everybody had the same purpose.
Q: What would you say was their purpose?
A: I think the purpose of some of them was to keep up a sufficient show of fight to get Federal troops in, others were absolutely sincere in their desire to invade Logan County and have a fight and there were others who [were] not particularly interested in staying at all.
Q: Those interested in going to Logan County and having a fight, what did you understand from your association with them there they wanted to fight about?
A: Well, they - some men spoke about going to Mingo County, liberating the men in jail, others stated they wanted to kill Don Chafin and the deputies in Logan County, then a number of other men said they were simply going to hold their own until they could force the Federal Government to send in troops.
Q: What did you understand they meant by holding their own until the Federal Government send in troops?
A: That is, they were not going to return home, would stay there and keep up a sufficient fight so the Federal Government would send troops.
Q: Why did you understand they wanted the Federal Government to send troops?
A: They claimed they wanted the Federal troops to give them protection, that they would not get protection otherwise.
Q: Protection from whom, they would not get protection from whom?
A: State and County officials.
Q: When you went back there on the second occasion - the first occasion at Jeffreys - your first occasion into W. Va. did you have any information anything had occurred from the time you left until you got back? Up in the vicinity or neighborhood of Blair or Sharples which caused then men to be back up there?
Objection.
Sustained.
Q: Did you have any knowledge of anything that had occurred from the time you left W. Va. until you came back that caused the men to go back to Blair and Sharples?
Objection.
The Court: If you had knowledge of it, if you knew of your own knowledge, if you observed it.
A: I had not observed anything.
Q: Did you see any air planes around there?
A: Yes
Q: Were they Government air planes?
A: They were flying so high I could not tell.
Q: What in your best judgment?
A: I do not know.
Q: You do not have any judgment?
A: No.
Q: It was flying so high as to conceal its identity?
A: It was.
Q: Do Government planes usually fly high enough to conceal their identity?
A: It depends upon the purpose? If for observation in open country, yes.
Q: Now, as to the character of that assembly at Blair I believe you said it presented the appearance of a mob with hysteria.
A: The men gathered there seemed to be affected by mob hysteria.
Q: Did you see any men drilling there in the way people drill preparatory for war?
A: I did not.
Q: You did not see these men that were there assembled floating any sort of flag?
A: Some automobiles carried red pennants
Q: Do you know what was on it?
A: I think plain red cloth.
Q: Did you see any colors marching at the head of any military formation?
A: No.
Q: As a matter of fact, you did not see any military formation, what you would designate military formation of any kind?
A: Yes, troops operating in that rough country would not be in parade ground formation. I considered the outposts encountered going from Jeffreys to Hewitt Creek to be most military and very well placed.
Q: You say it was the 31st of August that you left Blair?
A: Yes sir.
Q: In the morning?
A: Yes sir
Q: You only stayed there some 20 minutes?
A: About that.
Q: Did you see Mr. Blizzard there at that time.
A: I don't know.
Q: Now you came back and went to Charleston?
A: Yes, sir.
Q: And then you went to Huntington?
A: I remained in Charleston until the following day when I again went to Jeffreys.
Q: You went to Jeffreys again?
A: Yes, on September 1st.
Q: The troops had not yet arrived, had they Major?
A: They had not.
Q: How long did you stay at Jeffreys on September 1st?
A: Between half an hour and an hour.
Q: Did you see Mr. Blizzard upon that occasion?
A: I did not.
Q: Who went with you at that time if you recall?
A: Mr. Fowler, and I think Mr. Porter.
Q: Anyone else that you recall?
A: I am not sure whether Mr. Tony went on that second trip or not.
Q: You don't recall that Mr. Ray and Mr. Murray went with you on that trip, do you?
A: We met Mr. Murray at Jeffreys. There were one or two other officers also. I might be mistaken about Mr. Porter going, it might have been Mr. Ray.
Q: And then you came back to Charleston again?
A: Yes, sir.
Q: Then where did you go?
A: I arrived in Charleston about midnight and the following day I went to Huntington.
Q: What time did you leave Charleston?
A: About 12 o'clock.
Q: That was on September 2nd?
A: Yes, sir.
Q: Were you back on Coal River any more after that time?
A: Not until about September 14th.
Q: At that time the marches had subsided?
A: Yes, sir.
Q: I understood you to say in your examination in chief that from Huntington you went up the G[u]yan River?
A: Yes, sir, and I returned to Charleston on the 6th.
Q: Do you know Capt. Wilson?
A: Yes, sir.
Q: Did you see him at Madison up Coal River at that time?
A: I saw him about the 14th, but did not have any conversation with him.
Q: Did you see him prior to that time?
A: No, sir.
Q: He had charge of the troops on Coal River, did he not?
A: No, he had charge of the first troops to arrive.
Q: Did you talk to him over the telephone at Madison the night the troops arrived there?
A: No.
Q: Getting back to one other point, at the time Mr. Mooney and Keeney left the office of the Governor on August 26th. to go to Madison did General Banholtz go with them?
A: I didn't understand that.
Q: On the morning you say Mr. Keeney and Mr. Mooney left the Governor's office to go to Madison, which I understand was on August 26th, did General Banholtz accompany them?
A: He did not.
Q: Did any military officer go with them?
A: No Federal officer, I am not sure whether any state officer went with them or not.
RE-DIRECT EXAMINATION
By Mr. Belcher.
Q: Do you know who Philip Murray is?
A: I do
Q: Who is he?
A: Vice President of the United Mine Workers of America.
Q: And was that the man you met up there?
A: It was.
Q: Major, why did you take these officials of the United Mine Workers with you on your trip to Jeffrey and Blair as you have stated in answer to question of council on the other side?
A: The first time we went in on the 31st. we were desirous of having with us those United Mine Workers officials available who might have the greatest influence with the miners and Mr. Porter and Mr. Tony were the two most available who seemed to have the greatest possibility in that way. The second time I do not recall the particular reason. We were trying to get in touch with Mr. Murray, I recall now that Mr. Ray did go along. Mr. Fowler and Mr. Ray went for the same purpose, but they were reluctant to go.
Q: Do you know what connection, if any, Mr. Fowler had with the United Mine Workers of America?
A: I understood he had been sent in there to take charge of District No. 17 in the absence of Mr. Keeney.
Q: Mr. Philip Murray is the vice president of the International organization with offices at Indianapolis, is he not?
A: Yes, sir.
Q: Now, in answer to Mr. Townsend's question you stated that Keeney and Mooney at the time of a conference with General Banholtz, yourself, Mr. Keeney, Mr. Mooney and Mr. Houston, that Mr. Keeney and Mooney went voluntarily to Danville in Boone County. I will ask you what had occurred there at that conference just before they left?
Objection.
Sustained.
The Witness: Your honor, I was quoted as having said they went voluntarily. If I made such a statement, it should be qualified. I did not mean to give the impression that they went of their own free will and without outside pressure.
The Court: It is all right to make this correction of what Major Thompson said.
Q: Major Thompson, from your experiences and observation in military service, how would you characterize the situation you found there?
Objection.
Sustained.