Indianapolis Times, Indianapolis, Marion County, 3 June 1938 — Page 11

PAGE 11

THE INDIANAPOLIS TIMES DELAWARE ¢&.

LEA DER S TORE V::hNcrok

SATURDAY 9:30A.M. STORE HOURS 9 P. M.

FRIDAY, JUNE 8, 1938 Union Man Charges Blacklist in Harlan Kept Him Jobless

U. S. Prosecutor Must Show Cause Monday Why G-Man Who Swore Perjury Subornation Warrant Should Not Be Jailed.

LONDON, Ky., June 3 (U. P.)—A witness in Federal Court testified today that Harlan County coal operators invoked a “blacklist” ‘against him after he joined the United Mine Workers of America. Charles R. Martin, a miner, testifying for the Government in the trial of 19 coal corporations and 44 individuals, said he lost his job at the Green Silvers Coal Co., because “a friénd of mine snitched to T. R. Middleton, High Sheriff of Harlan.” He meant that his friend told®

Middleton, who owned the Green Silvers Co. that he had joined the union. “The mine foreman,” Mr. Martin said, “told me I was a skunk to stay in Harlan County, large as the world was, when I couldn't get a job. After I lost my job I asked them not to blackball me because I had a family.”

Government on Trial

The witness described his futile attempts to get a job after he was discharged at Green Silvers. On cross-examination, the defense brought out that Mr. Martin had a defective eye and might have been refused a job because of that. The Government was on trial, too, today in the small courtroom where the conspiracy case was in its third week. Between now and Monday evening Brien McMahon, Assistant Attorney General in charge of prosecution, must prepare arguments to use in defense of one of his G-Men as~sistants who must show cause why he should not be cited for contempt of court for interfering with the defendants in their assembling of evidence, Thus prosecutor will become defense counsel and defense counsel will become prosecutor when court convenes Monday evening for a “trial within a trial” to determine whether James M. O'Leary, an FBI agent, shall be sent to jail for contempt. In the last three days events in the little courtroom have wandered wide of the original issue— did or did not 19 Harlan coal companies and 44 individuals conspire to bring about terror in the Kentucky coal field and deprive miners of their right to organize under the Wagner Labor Relations Act. An intricate chain of events brought about this novel situation. Mr. O'Leary, a husky, black-haired G-Man who was born only a short distance from Harlan County, interviewed Ernest Huff, who lives at

Mr. McMahon delivered a general denial of the allegations in the contempt petition. He told the Court that Mr. O'Leary was acting under

orders of Justice Department attorneys and was merely carrying out the duty of his position—“to investigate alleged violations of all Federal] laws.”

Contempt Denied After Court adjourned Mr. McMahon issued this statement: “The Government's action in causing the arrest of the defendants Middleton and Hubbard and @nhe Sammy Thomas was taken to pFo-

tect the due administration of justice in this case. Government counsel welcomes the opportunity that will be afforded Monday to show just how frivolous and baseless the motion is. The Government has taken the same action in this case as it does in any like violation of a Federal law.”

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Ages, Ky.,, and who never dreamed & month ago that he would be pitched into the middle of this trial.

Linked With Perjury Charge

The story that Mr. Huff told was that last Sunday Lee Hubbard, one of the Deputy Sheriffs on trial,

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asked him to swear to an alibi for some of the deputies on the night that Bennett Musick,

fired into the Musick home. Instead of doing that, Mr. Huff walked out of the conference and had his conversation with Mr. O'Leary. The result of that conversation was that Hubbard and Merle Middleton, another defendant and a former deputy sheriff, were arrested by a Deputy United States Marshal on charges of sube ornation of perjury and were released in $3000 bail each. Arrested with them was Sammy Thomas, who had not figured in the trial heretofore. Yesterday the defense filed a motion, asking that Mr. O'Leary show cause why he should not be cited for contempt of court for interfering with the preparation of the defendant's cause. The defense contended that it could not .gather testimony if the defendants were subject to arrest.

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son of =a | union organizer, was killed by shots |

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