T. F. Milliken
(transcriber may have made spelling and punctuation changes)
T. F. MILLIKEN, a witness of lawful age, being first duly sworn, deposes and says: Questions by MR. BELCHER
Q: Where do you live?
A: I live at present in Philadelphia.
Q: What is your profession?
A: Physician.
Q: Where were you living during the months of August and September 1921?
A: Living in Blair, W. Va.
Q: In what county?
A: Logan.
Q: Doctor, were you there during the time the battles were going on?
A: Yes sir.
Q: When did they first begin to come into Blair?
A: I cannot give you the date.
Q: Do you know [what] day of the week it was?
A: No, I don't know that. In fact, as far as the dates are concerned, I have a very vague recollection of them. I made no effort to keep track of that.
Q: Do you remember the incident of some clash of the state police and some persons in that vicinity?
A: Down on Beech Creek?
Q: Yes?
A: I remember about when that occurred.
Q: When was it they came in there in reference to that incident?
A: They had been coming in there before that.
Q: How had they come in?
A: They had come afoot, automobiles and on the train.
Q: What, if anything, were they carrying with them at the time they came in?
A: Well, they were carrying arms, practically all that came.
Q: About how many armed men were in that vicinity and had come in there at the time, or before you heard of this incident with the State Police?
A: Well, that is difficult for me to say. Might have been anywhere from one to five hundred, something like that.
Q: In what direction had they come to Blair, if you know, from what direction?
A: From down the river.
Q: From Madison?
A: They came from Madison - from that direction, yes sir.
Q: Were you practicing medicine there at that time?
A: Yes sir.
Q: How long did these armed men continue to come into Blair?
A: Well, they were coming in there until shortly before the troops came. The regular troops.
Q: What number, would you say, as an estimate, of the men who came in there and were there at the time, that is before and at the time the soldiers came in?
A: At that time, some of us talked that over. We were wondering how many were there. There were various estimates - from two to four thousand.
Q: That is at Blair?
A: At Blair.
Q: Did you hear any of the statements of these men who were there armed?
A: Yes, I heard their statements.
Q: Did you hear anything said concerning their purpose of being there armed, or what reasons did they give for being there, armed, if you know.
A: Well, I heard various remarks made by different people at different times. I heard some talk, the main talk was going over and organizing Logan and getting the Deputy Sheriffs and Don Chafin in particular. Then at times, earlier in the period, I hea[r]d talk about Martial Law in Mingo County - there was some objection to this, and the fact that prisoners were held there without bail. I believe that is about all the reasons.
Q: Did you hear any statement made by any of them in reference to the prisoners, - what they intended to do if anything, when they got to Mingo county?
A: That was a bit earlier, before there was so much fighting at Blair.
Q: I am asking you at any time.
A: Yes, they wanted to liberate these prisoners.
Q: Did they make any statements in your hearing that they were going to do that - to liberate them?
A: Yes sir.
Q. Doctor, did you hear any of the firing while the army of miners were in there?
A: Yes sir.
Q: How extensive was that firing, tell the jury?
A: Well, at times it sounded like a small battle going on - machine gun and rifle firing - right heavy firing.
Q: How long would that firing keep up at times?
A: It would be usually for a few minutes at a time, there would be outbursts of firing. Then it would die down to scattered shots - then completely cease, and break out again. But on Saturday afternoon, before the regular troops came in, it kept up almost incessantly that afternoon?
Q: What was the extent of the battle line there, if you know? That is, in distance?
A: I couldn't say that from my own knowledge, but I have heard, from 15 to 20 miles.
Q: How far were you from the battle line, the actual fighting?
A: It is estimated to be about a mile from Blair to the top of the hill where the fighting occurred.
Q: Do you know whether or not any persons were killed or wounded in these battles?
A: I saw three men that were killed and three wounded.
Q: Did you ascertain or learn who these men were that you saw that had been killed?
A: Well, one colored man by the name of Kemp was killed and a white man by the name of Robinson.
Q: Did you know where Kemp lived, this colored man, or had lived?
A: Year or two previous to that time he had lived at McNear, No. 5 - that is the post office.
Q: Do you know what he did, what his vocation was?
A: He was a miner.
Q: Did you learn where the other man, the white man lived?
A: I don't know anything about him. I believe I learned at the time where he was from, but I forget what they said.
Q: Who were the men, if you recall, that were wounded?
A: I remember Cecil Clark was one of the wounded men I saw, but he was at Paint Creek. And the other two I saw at Blair, I don't remember their names. One was an Italian. I don't know as I never did know his name. The other man was a man he said worked in timber, but had come with the miners.
Q: Did you, as physician, treat these men?
A: Yes sir.
Q: Can you give us the dates when you saw those men who were dead, who had been killed?
A: I cannot give you any dates.
Q: Can you tell us about how long it was or what time it was in reference to the coming in of the Federal troops?
A: This man Kemp was shot the day John Gore was killed on the hill, whatever day that was, he died in my office, just a few minutes after they carried him off the hill. And the other man - that is Robinson - he was carried off a few days later, if my recollection is right. I think he was killed on the same day that the two men were killed and left on the hill and taken over to the Logan side. And the other dead man was a miner that lived there near Blair. He was killed by one of their own men, accidentally, it was claimed.
Q: Do you know how he was killed - the one of their own men?
A: The way it was told to me at the time -
Objection.
Sustained.
Q: You didn't see that killing?
A: No sir.
Q: Do you know where that killing occurred?
A: It occurred at Opperman No. 2 Camp, down the river about a mile below Blair.
Q: Can you now recall where this colored man, Kemp, was shot? I mean, what part of his body?
A: He was hit low down in the back on the left side and the ball came out under his collar bone.
Q: I will ask you if that bullet penetrated the lungs?
A: Yes sir.
Q: Do you know who it was that carried this man to your office. What men carried him there?
A: It was the son of this - I don't recall his name - It was Jess, the son of that preacher that is accused of having killed Gore.
Q: Wilburn?
A: Jess Wilburn came down and wanted me to go up on the hill and attend to him up there. I told him they had better bring him in, as I couldn't do much for him anyway if I went on the hill, and there was a possibility of being needed just as badly somewhere else as there. So they went back and carried him in. I am not sure whether this Jess Wilburn helped carry him down or some other men.
Q: Did you see anyone there other than Wilburn?
A: Yes, but I don't recollect who they were.
Q: Prior to their coming in there armed, as you have testified to the jury, had you heard of a mass meeting in the City of Charleston about August the 7th?
A: Yes sir.
Q: Had you talked to any of the men who attended that meeting or who were getting ready to attend it?
A: I talked to several of them before they went over, and after they came back?
Q: Who were they?
A: Well, I couldn't name anyone in particular, but one man.
Q: Who was he?
A: A man by the name of Kittle.
Q: Was he later identified with the armed miners there?
A: Yes sir.
Q: Active in that vicinity?
A: Yes sir.
Q: Did he tell you the purpose he was going to Charleston for, what they intended to do at that meeting?
A: I asked him the purpose of the meeting and he told me they were going over there and
Objection.
THE COURT Was this before they went?
A: Yes sir.
Over ruled.
Q: Tell the jury what he said?
A: He said they were going to ask the Governor to do certain things, in fact, were going to demand he do certain things. I said, "What if he doesn't do it?" He said, "We will have to do something ourselves.
Q: What was he speaking of when he said they were going to demand certain things?
A: I don't no just exactly what all it was.
Q: Tell all you remember?
A: It was in regard to the Martial Law in Mingo and keeping the men in prison there, and the deputy system in Logan.
Q: How did he speak of and concerning Martial Law at that time?
A: What do you mean?
Q: What attitude?
A: They were all opposed to that, apparently, seemed to be, those I heard discuss it.
Q: You say he said they were going to make certain demand on the Governor, just what did he say those demands were?
A: He didn't say at that particular time.
Q: Did you talk to him at any time after that, and before the meeting at Charleston, concerning the purpose of this meeting, what they intended to do?
A: I don't remember that I did. When I was talking to him was after dark, just before they started over that evening, they were going out in groups, and I was rather anxious to know what it was all about.
Q: Was there any other miners there at the time this man was talking to you about making demands on the Governor?
A: There were other miners around close, but were to one side.
Q: How soon after this conversation was it until he left, if he did leave?
A: The same evening.
Q: What if anything else did you hear him say in that regard?
A: I don't remember him saying anything else about that at all, except later on, I was discussing the fighting at Blair with him, and he seemed to think it was the beginning of an industrial revolution. I asked him how long he thought it would continue, and he said it might last for 5 years and it might last for 25.
Q: Was that during the time the battles were going on?
A: During the time the fighting was going on, yes sir.
Q: Who is Kittle, what did he do?
A: He was a miner.
Q: Do you know whether or not he was connected to the United Mine Workers?
A: He was a member of the Union. I don't know whether he held any office, I don't believe he did.
Q: Do you know what Local Union he belonged to?
A: He belonged to the Opperman.
Q: Did you hear any other men in that army there make statement concerning their motive and their purpose - for what they were fighting?
A: I heard talk all the time. As to just remembering it, I couldn't very well tell.
Q: Can you give the substance of the statements you heard made by these men at the time?
A: You mean during the fighting?
Q: Yes.
A: Well, at that particular time, most of the talk was about the men on the hill, they seemed to have their attention focused on the Logan people at that time. I don't remember of hearing anything in particular about the Mingo situation while the fighting was going on at Blair.
Q: Do you know anything about the organization of this army of men who were fighting around Blair - how they were organized?
A: Nothing, except they seemed to have leaders, and they had some king of commissary arrangement. They had a big lot of provisions stored in the school house.
Q: Where did those provisions come from, if you know? How were they gotten there?
A: Brought them in by train.
Q: Do you know who were in charge of the train which carried these provisions?
A: No sir.
Q: Doctor, were you in Blair at the time Major Thompson came in there with the President's Proclamation?
A: Yes sir.
Q: Please tell the jury just what you observed and saw that day in reference to the action of Major Thompson and those who were there with him at that time?
A: Well, I went down to - just after he was brought in by an engine and just one coach, I saw the crowd down there, after the engine pulled out to go on to Sovereign. He remained at Blair while the train went to Sovereign and returned. I went down into the crowd to hear the proclamation read and to learn what it was about, and I noticed quite a bit of argument with the Major. Some of the men seemed to be rather hostile toward him. They were asking questions that gave one the impression they were hostile, and he was trying to explain his position to them, and it appeared to me like possibly he might be harmed from the expressions I heard on the edge of the crowd and closer to him. So I edged in tolerably close to him and was there while he tried to tell them the nature of his mission. That he was a representative of the President and had come to post the proclamation, asking them to disarm and go home by a certain time. And they, some of them, tried to argue the local situation with him, but he told them that he couldn't argue that with them, that wasn't part of his mission. Well, the train came back down, and just after he tacked a copy of the proclamation up on a telephone pole, there was some man standing on the rear platform of the coach, and he said to the Major: "Here is your train. Get on it, and get out of here." The Major said: "Just wait a minute – this is a Government train. I am a representative of the President. I am not ready to leave here." The man said: "That don't make any difference. You get on and get out of here.["] I had stopped a little piece just kind of below the end of the train, and I saw this man had a pistol in his hand, he had pulled it from his pocket. Mr. Charlie Covert was standing right below him, in the crowd, just behind the Major. I said to him, "Mr. Covert, call that man down off there." The old gentleman said: "Here, you come down off there." This man, he hesitated just a moment, then he stepped down. Immediately, the Major went on the platform and entered the car.
Q: Was this man in a threatening attitude at the time?
Objection.
Sustained.
Q: Tell the jury what you did there. Just what the situation was. What did you do?
Objection.
Over ruled.
A: On that occasion, that is when I saw him have that pistol in his hand, I drew my pistol, because I thought he was going to shoot, possibly shoot the Major –
Objection, don't tell what you thought.
Over ruled.
A: That is the reason I drew my pistol.
THE COURT: He testified he saw this man with a pistol. He drew his pistol. I think that he could state why he drew his pistol, whatever his reason was, that was part of his action.
Q: Tell the jury why you drew that pistol on that occasion?
A: Well, of course, I acted more or less on impulse at the time. The idea I had in mind was, if this man undertook to shoot – if he did shoot an officer of the regular army, it would be a very bad situation. I meant to try to protect him if necessary.
Q: About how many armed men were around the Major at that time?
A: Well, there were probably 100 to 150, something like that.
Q: Was he armed?
A: No sir.
Q: Was there anyone with him?
A" No one with him. That is one reason I had for staying in close myself.
Q: Did any of those armed men board the train there that was used by Major Thompson?
A: I didn't see any of them board the train. I guess they probably had boarded it before I came down, just after the train had pulled out.
Q: Now, you say from the remarks that were made by these men on the outer edge of the crowd, you thought the Major might be harmed, please tell the jury just what you heard that caused you to think that, and caused you to get up near him?
Objection.
Q: You spoke a while ago concerning supplies being brought in there, just tell the jury what all you know was brought in there in the way of supplies or other equipment, please?
A: I don't know exactly what all they did have. I know we got out of bread at Blair, and I went down to the school house and got bread one evening, myself. But outside of that I don't know just as I could say what all.
Q: Do you know where these fighting men got their ammunition?
A: No sir, I don't know anything about that.
Q: What did these men wear while under arms if you know?
A: I saw some come in there with red handkerchiefs on their sleeves, and some had handkerchiefs around their necks. I don't know whether they were wearing them as a badge of identification or not, or just happened to be wearing them. I saw them with red handkerchiefs around their sleeves, but not any great number.
Q: Did you see any nurses there?
A: Yes sir.
Q: Where did they come from, if you know?
A: They came with the miners. There were two in my office one day when I had a man that was wounded.
Q: What were they doing in your office?
A: They came in and said they were willing to help. Do anything they could.
Q. Acting in the capacity as nurses?
A: Yes sir.
Q: Did those nurses wear any uniforms or badges?
A: They were dressed in something resembling a nurses uniform. I don't remember what it was like now. They had on some kind of distinguishing mark. I believe it was United Mine Workers initials, or something like that.
CROSS EXAMINATION, questions by MR. TOWNSEND
MOTION IS MADE by counsel for the defendant to strike out this witness testimony.
Over ruled.
Q: Where do you live now?
A: Philadelphia.
Q: When did you leave West Virginia?
A: Early in October. I left Blair of the 17th of September.
Q: How long had you been down in West Virginia?
A: Four years.
Q: You went from Philadelphia to West Virginia?
A: No sir, from the western part of Pennsylvania.
Q: I understood you to say you saw some men down there that had some provisions, is that right?
A: Yes sir.
Q: They brought in food supplies - that is true, isn't it?
A: Yes sir.
Q: Do you know how they brought them in?
A: I didn't see them brought in. I understood they brought them in on the train.
Q: Bring any in by truck?
A: They might have done that.
Q: They had all kinds of food supplies down there, didn't they?
A: They possibly did. I don't know just what they did have.
Q: How many men were down there, according to your best judgment?
A: You mean how many down in the bottom?
Q: That were living from those food supplies, you described.
A: I couldn't tell how many men.
Q: About how many?
A: We discussed that at the time. They might have been 500 congregated about the school house.
Q: You don't know of any way men of that number could live without getting food supplies, do you?
A: No.
Q: You got some food supplies down there yourself, didn't you?
A: Yes sir.
Q: That wasn't anything remarkable, that they got food supplies, was it?
A: No.
Q: Nothing out of the ordinary for a man to eat is it?
A: Not generally considered to me.
Q: You said something about an incident or clash that occurred on Beech Creek, I believe you said, an incident that occurred there between some State Police and someone else, did you not?
A: No sir, I didn't say anything about that.
Q: You were asked the question if you remembered an incident or a clash between the State Police and some miners?
A: Yes sir.
Q: You said you had heard of it?
A: Yes sir.
Q: Do you know anything about it?
A: I don't know anything at all.
Q: It was common talk around there as to who it was, was it not?
A: Yes.
Q: You know from contact with the people there what that incident was, do you not?
A: I know what they talked about at the time.
Q: What was it they talked about in regard to this incident?
A: Well, as I remember it, Capt. Brockus and a bunch of State Police, with some Logan deputies, had left the top of the hill above Blair and had gone to Beech Creek to serve some capiases on some men who had unarmed some state troops there previous to that. That is the way I heard it at that time, and as they marched down the road that evening after dark at No. 2 Beech, they were halted and fired upon and returned the fire.
Q: When did that incident occur?
A: I didn't know just the date, but I have since learned it was on the 27th of August, I believe.
Q: They came down there in the night?
A: Yes sir.
Q: From the Logan side, you understood it was Capt. Brockus and state police, and local deputies, did you not?
A: Yes sir.
Q: Two men were killed on that occasion, were they not?
A: I believe that is the number they said were killed.
Q: And they were miners were they not?
A: Yes sir, I heard they were, yes sir.
Q: And two were wounded?
A: I believe so.
Q: And Cecil Clark you spoke of was one of the men that was wounded, was he not?
A: Yes sir.
Q: That was on the night of the 27th?
A: I don't know about that.
Q: That is your information?
A: That is my information, yes sir.
Q: That is your information now?
A: Yes sir.
Q: How many men would you say were in Blair at that time who did not belong to Blair?
A: There might have been 100 to 500, something like that.
Q: Not very many, were they?
A: No big bunch like later on.
Q: Very few people there at that time who were not bona fide residents of Blair?
A: I wouldn't say very few, because there were several outsides in there at that time.
Q: About 50 or 75?
A: I believe I said 100 to 500. I may be wrong in that, but that would be near an estimate as I could make.
Q: What was the attitude of that one to five hundred men at that time - were they armed?
A: Yes sir.
Q: Now, what was the situation the next day after this incident occurred on Beech Creek of which you spoke?
A: As far as I recollect, it wasn't much changed at Blair. But I believe possibly that that was the day a detachment of miners went on the hill and found the trenches there deserted.
Q: What trenches did they find deserted?
A: The trenches that had been occupied by State Police or people from the other side of the hill.
Q: Were there more people or less people in Blair the day after that occurrence than the day before?
A: I don't think there were any less. In fact, what struck some of us as peculiar at the time was they still kept coming in.
Q: They came in very rapidly after that time, didn't they Doctor?
A: Yes sir.
Q: Until the place was filled up?
A: Yes sir.
Q: You heard these men talking from time to time among themselves, and they talked to you about what they were doing there?
A: Yes sir.
Q: What were they doing?
A: You men what were these outside men doing there?
Q: Anybody that you saw there that was under arms, as you stated.
A: Well, most of them I saw were. They were either loafing about the town there or over in the bottom by the school house and around the school house. I saw several detachments of them at different time go marching up the road and go into the woods somewhere up there. But I never noticed where they went after they left.
Q: You mean by "detachment" a few men?
A: Yes sir, quite a number at times.
Q: I mean this: You talked to numbers of these men from time to time, did you not?
A: Yes sir.
Q: And observed closely the situation?
A: Yes sir.
Q: Came in contact with them?
A: Yes sir.
Q: Now, what were they doing there? I don't mean what were they doing. What was their purpose in being there?
A: They were making an invasion of Logan county, I think.
Q: What did you understand they were going there for?
A: Going over there to wipe out the deputy sheriff system. That was the general understanding at Blair, and also heard them say they were going to kill Don Chafin and his deputies, and also going to Mingo to clean things up there.
Q: What do you mean by "clean things up there?"
A: I don't know what they meant.
Q: What did you understand they meant?
A: I understood they meant they would liberate the prisoners over there. They had been talk about that all along, and raise the Martial Law.
Q: What did they want to kill Don Chafin for? What did you understand they wanted to kill Don Chafin for?
A: They seemed very bitter against him on account of the fact I believe, he, they blamed him for keeping the Union out of Logan County.
Q: They blamed him for keeping the union out of Logan county and blamed his deputies for it?
A: Yes sir.
Q: As a matter of fact, Logan county is not unionized, is it?
A: No sir, I guess not.
Q: How did they keep them out?
Objection.
THE COURT I think that question is presented to the Court in such a way as to be passed upon. If you gentlemen wish to argue it, I will ask the jury to retire.
Q: You can answer that question, can you not?
A: I don't know if I can.
THE COURT If he doesn't know, then we will not discuss the matter just yet.
Q: Do you know who the man was that drew the pistol on the U. S. Army officer, as you have stated?
A: No, I had never seen him before.
Q: Do you know a man up there by the name of Alva Rohl?
A: Yes sir.
RE DIRECT EXAMINATION, questions by Mr. BELCHER
Q: Was this officer wearing a uniform?
A: Yes sir.
Q: Who was the man you ask[ed] to call the man out?
A: Charles Covert.
Q: You knew him, did you not?
A: Yes sir.
Q: How long had you known him?
A: I don't know exactly how long, probably two years.
Q: Why did you call on him?
A: I thought on account of his being an old like man, if he called this fellow down, also a man of influence among the miners, he would more pay attention to him than to me if I said anything about it.
Q: Was he a miner?
A: Yes sir.
Q: Did he belong to the union?
A: Yes sir.
And further said deponent saith not.