Ernest M. Merrill
(transcriber may have made spelling and punctuation changes)
Witness Ernest M. Merrill
DIRECT EXAMINATION
By Mr. Belcher.
Q: What is your name?
A: Ernest M. Merrill.
Q: You have been sworn, have you not?
A: Yes, sir.
Q: Mr. Merrill where do you live?
A: Charleston, W. Va.
Q: What is your business?
A: Civil and mining engineer.
Q: Did you live in Charleston during the month of August 1921?
A: I did.
Q: Are you interested in Coal mines in any way?
A: Yes, sir I am connected with several of them.
Q: Where are they located?
A: In the Kanawha district and Winding Gulf district.
Q: Where are the mines located in Kanawha district?
A: The mines are located on the Beak Coal River, on the Beak Elk Run.
Q: Were your mines known as organized mines during the month of September and August 1921?
A: Yes, sir.
Q: Do you know anything about the armed assembly and march of the miners during the later part of August 1921?
A: Yes, sir.
Q: When did you first know about that?
A: I am a little puzzled just how to answer that question. We had intimation that something was going to happen a matter of thirty days before the assembling of the miners at Marmet.
Q: When did you first know the actual leaving at your plant of men going to Marmet, if you saw any such men leaving in that direction.
A: I was told over the telephone Sunday the 21st by our Manager on the ground that the men were gathering at Marmet and I left Charleston at nine o'clock Monday morning and passed through Marmet.
Q: As YOU passed through Marmet did you see any armed men assembled there?
A: Yes, sir.
Q: Approximately what number?
A: They were gathered in different groups, some were in the station others on the platforms of some of the stores and others up above Marmet on the mouth of Lense Creek. I would not be able to estimate the number, but there were groups of from twelve to twenty and some four or five groups.
Q: What proportion of these groups were armed?
A: I could not tell about the small arms, I would say half of them were carrying rifles.
Q: Tell the jury just how you get to your mine from Charleston? you say you passed through Marmet?
A: Yes, sir, we had an interurban line to Cabin Creek Junction and then we take the branch of the C & O across the mountains to the waters of Coal River. My station stop is Whitesville and our mines are on the opposite side of the River, it is about a mile over to Mordue Store.
Q: About what distance are your mines from Marmet in Kanawha County.
A: I have never crossed through that way, I have always gone around on the train. I would guess it is about sixteen miles.
Q: How far is it by rail?
A: About twenty miles or something like that.
Q: Well, you went to your mines on Monday, did you see any men going in the direction of Marmet after you had passed Marmet?
A: There was a good deal of movement of men up and down the road. As I got to Cabin Creek Junction there was quite a number of men on the platform there armed, the train was not so much crowded going over but when I got to Whitesville there was a large gathering of men there, I would say perhaps two hundred.
Q: Did any of these men have arms?
A: They were practically all armed.
Q: Did you find any of your men that were getting ready to leave at that time?
A: No when I got to Mordue our crowd had already gone off. I think there were two or three there that was sick or had been excused by the local Union.
Q: Do you know what these men were at the station?
A: Yes, sir there are three trains that meet there about twelve thirty, between twelve thirty and one, the train which I came in on and the train coming down Beak Coal River going back towards Cabin Creek Junction and another train coming up Coal River from Seth, which comes up to that point and then turns around and goes back, they all come in about that time. I stood by until the other two trains came in and these men all boarded those trains, or the train for Cabin Creek Junction, it left crowded to the gunnels, some men were even on top of the coaches and then they left a large body of the men there. These men went up to the train masters shanty armed and insisted on having transportation across the mountain, and I heard them say that if it was not given voluntarily they would take it.
Q: After those men had gone to the train master what occurred in reference to that train?
A: I then went over to Mordue, about the time I reached there a train pulled out of Whitesville, an engine perhaps six cars and a caboose, and all but two of the cars were crowded full of men, some of our men were on them and they waved and called to the people across the River.
Q: Did you endeavor to learn at that time the cause of the men going out of that mine?
A: Yes, sir Mr. Allen, the general manager and I went up the hollow about three miles to the tipple, our plant and houses are scatered along the line, we were putting in a screening outfit and we walked up there. There had been some disturbance among the men who were working there, a crew of Italians who we w[e]re afraid they would intimidate and cause to leave.
Objection.
Sustained.
Q: Did you have any men at your mine at that time who did not belong to the United Mine Workers?
A: This construction crew did not.
Q: About how many men were there of those?
A: Eighteen or twenty of them.
Q: Did you talk to any one there with reference to these men?
A: We went to Grade White, who was the Secretary Treasurer of the Local and the officer of the Local left on the job, and asked him to go to these men and tell them they did not have to leave the work, and to keep that work going.
Objection.
Sustained.
Q: Well did you talk to any member of the Union concerning the armed gathering of these men in leaving the work?
A: We did on the following day, we were up about the mine and a man, Mr. Matthews Perry, who is the President of the Local was riding by on horse back, and I went to him and asked him why it was that our men had all left us and gone on this march; I asked him if we had not been fair with the men and had not kept our contract with them, and he said we had, and I asked him if he did not realize it was costing us four or five hundred dollars a day -
Objection.
Sustained.
Q: Tell the jury what reason he gave for these actions on the part of the armed men?
Objection.
Sustained.
Q: What was Mr. Perry doing there on that occasion?
A: Mr. Perry was on horseback coming across the Creek, and told us he was on a detail but refused to tell us what for.
Q: Did you hear any of these men at the station or anywhere else that were in this assembly of armed men say anything as to what their purpose was and where they were going?
A: Mr. Perry told us -
Objection.
Sustained.
Q: After you had this conversation with Mr. Perry did you learn that he was active in this matter?
A: Why he said that he had been to Marmet and had come back on detail.
Q: What time was it that you talked to him, what was the date?
A: I think it was on Wednesday the 24th, somewhere between twelve and two o'clock.
Q: Did he tell you when he had been to Marmet?
A: No, sir, he had been absent, however, the day before.
Q: I will ask you now what he said to you on that occasion after telling you that he had been over to Marmet and was there on detail.
THE COURT - Do you know whether he was with the other mines that assembled at Marmet of your own knowledge?
A: I didn't see him there, no.
THE COURT - You didn't see him there at any time.
A: No, sir.
THE COURT - All you know about his being a member of this assembly was what he told you.
A: Yes, sir the men had gone out the previous Monday and he went with them.
THE COURT - Was he one of your men?
A: He was the President of the Local, yes, sir, at our plant.
THE COURT - You were not there when they went, [A] no sir, I got there the next day.
MR. BROWN - And he was absent that day?
THE COURT - You got there Monday morning?
A: I got there on Tuesday morning.
THE COURT - Do you know of your own knowledge that any of your men went to Marmet?
A: I think I do.
THE COURT - Did you see them there?
A: Yes, sir, I saw some of our men after I got in there on the train.
THE COURT - And this man you speak of, Perry was his name I believe, he and the rest of your men were absent when you got there Tuesday?
A: Yes, sir
THE COURT - When did they return?
A: I was not there when they returned -- your honor. I stayed there until the following Thursday and then went back to Charleston.
THE COURT - Did you go by Marmet when you went back?
A: Yes, sir.
THE COURT - Was that the time you saw some of your men?
A: No, the men had gone away then on the march. I saw our men at the station as I came in.
THE COURT - That is as you were returning to Charleston?
A: No as I was going to the plant, but I didn't see Mr. Perry with them. I understand he had gone the day before.
MR. BELCHER - Did those men belong to the same Union as Perry did?
A: Yes, sir.
Objection.
Sustained.
Q: Did you hear any of these men, that you saw armed in the manner that you have indicated, say anything relative to what their purpose was and where they were going?
A: On my return to Charleston I went over to catch the train at noon, about twelve thirty or between twelve thirty and one o'clock, and these same three trains met there, and there were a few armed men around the station before the trains came in, but as they came in I could judge there were four or five hundred men gathered there in the crowd. I don't know how far to go with this statement.
MR. TOWNSEND.
Q: That was at Charleston?
A: No, at Whitesville on the way back to Charleston. These men were mostly armed and a great many of them had pistols and high powered rifles and one big fellow jumped off the train and called for detail No. 71, I believe it was, it was seventy something, and went over on some high ground and commenced calling his men together. There were twenty of them and he said “go on fellows and get these fellows up the River” there were two or three in the crowd that got up on the platform and said the marchers had left Marmet, and for the men to go down to Racine and intersect the marchers there, and the fellows piled on the Coal River train. They were riding on the engine and on top of the coaches and everywhere. There were very few on my train, only about twenty-five or thirty.
Q: Was the train that these men boarded carrying them to Racine?
A: Yes, sir.
Q: And about what number do you estimate there were on that train?
A: There were between four and five hundred but whether they all got on that train or not I could not say.
Q: How far is that point from Racine?
A: I don't know the exact distance, it is some sixteen or twenty miles up the River.
Q: Were your mines closed at any time while this march was going on?
A: Yes, sir completely.
Q: For what period of time?
A: I think all together we lost 18 working days.
Q: Did these non-union men that you say were working on the construction work join the march?
A: No, sir.
Q: Do you know why they continued to work?
A: Yes, sir.
Q: Tell the jury.
A: I went to Mr. Grade White, who was the active officer of the local Union -
Objection.
Sustained.
Q: Did you hear anyone making statement concerning the purpose of the march?
Objection.
Sustained.
Q: I mean anyone connected with this armed assembly make a statement in reference to it?
A: I didn't talk to any one, only the President of the Local, Mr. Perry.
Q: I am not asking if you talked to them, did you hear any statements made?
A: No, sir.
CROSS EXAMINATION WAIVED