L. P. Hagar
(transcriber may have made spelling and punctuation changes)
L. P. HAGAR, witness of lawful age, being first duly sworn, deposes and says; questions by Mr. BELCHER
Q: What is your name?
A: L. P. Hagar.
Q: Have you been sworn?
A: I have.
Q: Where do you live?
A: Madison, Boone County, W. Va.
Q: What is your business?
A: Attorney.
Q: Were you in Madison during the time of the miners march through there on their way to Logan?
A: I was.
Q: Tell the jury about how many men marched through there, that is, give an estimate of it?
A: I don't believe I could do it. They marched through for several days, and they went through in trains, automobiles and trucks. I made no estimate as they passed through from day to day, and I wouldn't hazard a guess.
Q: What were they carrying, if anything, taking through with them?
A: They were carrying rifles, shot guns and pistols, many of them.
Q: Did you see any other kind of guns?
A: No, I did not.
Q: Were you in Madison at the time Capt. Wilson came in there with a detachment of Federal troops?
A: I was.
Q: At that time, what office, if any, did you hold in Boone County?
A: Assistant Prosecuting Attorney.
Q: Did you have a conference with Capt. Wilson any time after he came to Madison?
A: I was present at a conference between Capt. Wilson, the Prosecuting Attorney and the Sheriff of Boone county and some officials or representatives of the United Mine Workers.
Q: The Sheriff of Boone county was then Mr. Griffith who was on the stand yesterday?
A: Yes sir, Mr. Griffith who was on the same stand yesterday.
Q: I will ask you if at any time during that conference you saw the defendant, William Blizzard?
A: I did.
Q: Who, if anyone, was with him?
A: At that conference, my recollection is that Mr. Blizzard, and a man by the name of Porter and a man by the name of Fowler, and another man, was with Mr. Blizzard, whose name I have forgotten.
Q: What representatives of the mine workers were there?
A: My recollection is that Mr. Blizzard, Mr. Fowler and Mr. Porter and another man whose name I have forgotten were all representatives of the Mine Workers.
Q: About how long had that conference been going on at the time Mr. Blizzard came in?
A: My recollection is that we all went in the office about the same time.
Q: Did Mr. Blizzard make any statement there to Capt. Wilson on that occasion?
A: He did.
Q: Tell the jury what it was?
A: I might as well tell the whole circumstances the best I recollect it, should I, or not?
Q: No, simply tell the jury what statement you heard Mr. Blizzard make during that conference on that occasion?
A: Mr. Blizzard made the statement - he asked Capt. Wilson what time they expected to get up to Blair, and gave his reasons for asking that question was, He wanted the men to know when they were coming, and stated that the miners had no desire to resist the Federal troops. He also stated that many of the Logan officers and state police were wearing Ex service uniforms, and his men, if they didn't know, might fire on United States soldiers.
Q: Did he say anything about having been up in the fighting zone?
A: He did, he said "I have been up around our men today." That is my recollection of that statement.
Q: What did you understand when he said he had been up around his men?
A: I understood he had been up around Blair and Sharples, along the trouble zone.
CROSS EXAMINATION, questions by MR. TOWNSEND
Q: Tell what else transpired at that conference?
A: Capt. Wilson stepped off the train. I was over at the station when the train came in. He stepped off the train near me, and asked the question if there was any of the county officials there. I said: "Yes sir, I am Asst. Prosecuting Attorney, and the sheriff is here somewhere.["] I had seen the sheriff, but I hadn't seen the Prosecuting Attorney. About that time, Joe Hall, who as an ex-service boy living in the town, taken the captain by the arm and said: "I will find the sheriff for you." And the next time I saw Capt. Wilson, he, and the Sheriff and the Prosecuting Attorney were together. He said: "I want to get somewhere and have a conference with the officials of the county and the representatives of the United Mine Workers.["] Mr. Mullens said: "We will go to my office." We went to the Prosecuting Attorneys office. Capt Wilson said: "Now, gentlemen, there is no Martial Law declared. When we find a violation of the law, we expect to turn the culprits over to the county officials," or words to that effect.
Q: Then after Mr. Blizzard made the statement that you testified about in chief, do you remember any other conversation or statement that took place at that conference?
A: Capt. Wilson went on to say that the men would all be required to give up their arms. There was an understanding of some sort between Mr. Blizzard and Capt. Wilson about going up the river. I don't remember just what that understanding was, but my recollection is that Mr. Blizzard and him were to go together. Capt. Wilson talked to someone over the telephone - some of his superior officers, I don't know who. I don't know what his conversation was.
Q: Do you know whether or not Mr. Blizzard did go up the river with Capt Wilson?
A: I do not.
Q: Did you hear Mr. Blizzard make any statement at that conference as to why he had been up where the firing was on that day?
A: I am not sure whether I did or not. I won't say as to that.
And further said deponent saith not.