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LIBRARY OF THE

UNIVERSITY OF ILLINOIS

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ILLINOIS HISTORICAL SURVEY

THE HERRIN
CONSPIRACY

%l libram OF THE

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Herrin's heiMIR^Itoe°?i^WNOIS
challenge to America, the Mother
of us all — of the newcomer to her
household no less than of the
native born. It is a challenge
that must be met now. It is a
challenge that mustbe met stand-
ing.— Boston (Mass.) Transcript.
June 28, 1922. *7 *

An even more vital reason for
prompt action is seen in the tem-
per of the men, which carries
with it a threat that the atroci-
ties committed in Illinois this
week will be repeated in other
mining fields. — St. Joseph (Mo.)
Press, June 24, 1922.

Until this coal mine butchery is
legally avenged Americans can no
longer boast that in the United
States the Constitution is su-
preme.— The Sun, New York,
July 6, 1922.

Issued by

The National Coal Association

WASHINGTON, D. C.

•o

L

M

THE HERRIN CONSPIRACY

Acomprehensivestoryoftheslaughter

as presented by investigators

and eye-witnesses

IN a wooded grove midway between the
mining towns of Herrin and Marion
in Williamson County, 111., a crime was
committed on the morning of Thursday,
June 22, that stirred the indignation
and aroused the horror of America as
had not been done since the stories of
war atrocities committed by the Huns
ceased coming across the ocean.

Nearly fifty men — the exact number is
uncertain — who shortly before had been
taken out under a flag of truce from the
| strip mine of the Southern Illinois Coal
Company a few miles away and who had
been promised that they would be fur-
nished safe escort to the railroad station
whence they could entrain for their homes,
were lined up in front of a barbed wire
fence, and hemmed in by union miners in
military formation.

Scarcely before a plea of mercy could
t>e made, shotguns, rifles and revolvers
in the hands of 500 men arrayed in a
semi-circle about the miserable group,
poured a storm of lead into the bodies
of the captives. Many fell at the first
volley. Some got through the fence only
to be shot down in flight. Others es-
| caped the fusillade to fall victims later to
a savage man hunt that harried the fugi-
tives for hours through the surrounding
countryside. Some of- the dead were
mutilated, the dying were kicked and
beaten, the captured were tortured and
then slain.

When the ghastly work was over, nine-
teen of those who were working in the
mine were dead, several died later of the

'89900

34 who were wounded and a number are
still unaccounted for. Such was the out-
rage committed in a union district upon
men who were merely exercising the uni-
versal law of the right to labor and who
had been employed by William J. Lester,
president of the coal company, to operate
the strip mine from which the members of
the United Mine Workers of America had .
walked out.

An Attack on Government

This organized murder of American
citizens was the result of the determina-
tion of a branch of the United Mine
Workers of America to maintain as an
absolute stronghold the supremacy of the
Miners' Union in Williamson County ov^
and above the law of the State and the
law of the Nation.

It was anarchy; it was the placing of
the aim of the union as the supreme Jaw
of Williamson County. It was a vicious
attack upon the fundamental principjles
upon which our Government was founded q
The right of any American to do his work*
a basic principle of our Constitution which
guarantees liberty and protection, if
an issue far above any question betwee
the United Mine Workers and opera
tors, and it concerns not only the eoa
miners and coal operators, but every man
and woman in this country. It concerns
every industry, every home.

What does this uprising mean? It is
the concern of every citizen of the land.
Every American must view this crime
with the utmost concern, for the issue
involves the very foundations of our Gov-
ernment. What happened in William-
son County may happen in almost
any community in the country, if every
effort is not put forth to bring the assas-
sins to justice. Indeed, it was the boast

4

il

of the organized band who committed this
murder that in Williamson County, at
least, America would be shown that the
law of the union reigned supreme.

These murders grew out of what has
every appearance — from the bare facts
collected — of a well-organized conspiracy
to stop the operation of the strip mine.
The investigation indicates that the con-
spiracy was developed over a period of
four or five days during which the senti-
ment of the members of the mine workers'
union in Williamson County was intensive-
ly developedagainst the strip mine workers.
Plans for the attack were carefully laid.
Then the assault began. This assault was
interrupted by a truce arranged in accord-
ance with the wishes of the officials of
the United Mine Workers of America, and
the County officials acquiesced, as did the
owner of the mine who agreed that no at-
tempt would be made to reopen the mine
during the strike.

The facts relating to the whole affair
have been assembled here in order to give
a picture of the situation in Williamson
County and a comprehensive story of
what happened.

A Union Stronghold

Williamson County, Illinois, which has
a population of 61,038, is in one of the
most strongly unionized centers of Amer-
ica. Marion, the county seat, has a pop-
ulation of 9,582, and Herrin, a population
of 10,986. It is conservatively estimated
that 85 per cent of the residents of the
County are miners or connected with them
byiamily ties or otherwise, and reflecting
unionized labor sentiment. All business
conducted in the County is dependent to
a vital degree upon the patronage of the
mining element. The mining vote elects
or defeats candidates for public office.

Many of the public officials holding
elective office are miners, ;iave been
miners, or are in strong sympathy with
union labor whose strength is such that,
without question, it is its vote that elects
or defeats any candidate for. local or
county office.

The most outstanding local figure in the
events leading up to the massacre, is
Sheriff Melvin Thaxton, who persistently
refused to swear his deputies or to call
for the Illinois National Guard, as he
was urged to do repeatedly by Col. S.N.
Hunter, representing Adjutant General
Carlo Black of Illinois, for three days be-
fore the surrender and butchery of the
strip miners. Col. Hunter had arrived
in Marion on June 18 to keep an eye on
the situation. The Sheriff is an ex-
miner, and was elected by the mining
vote, and is now a candidate for county
treasurer.

There is ample testimony that Sheriff
Thaxton is physically not a coward. In
times past he has been cool, courageous
and vigilant in supporting the law. Single-
handed he stopped thirteen prisoners in a
jail-breaking attempt two years ago. He
has to his credit successful intervention
m a number of attempted lynchings. .

The Judge and the Mob

County Judge Hartwell draws a picture
of the mob which shows its caliber when
met by a determined spirit. A crowd
went to the Judge's home. They de-
manded that he deliver over to them his
collection of firearms. He dared the
young fellows to come and get them, at
the same time directing his wife to load
as he fired. The mob faded away.

Prominent also in the three days pre-
ceding the attack on the mine was State
Senator William J. Sneed, president of

6

\

the Sub-District of the United Mine
Workers of America — a resident of Her-

. rin. He appears to be the leading poli-
tician of the County, insofar as the labor
vote is concerned. The labor vote, which
in a previous election had been led by
Sneed in the interests of another political
faction, was reversed under Sneed 's con-
trol and support thrown to Len Small,
successful candidate for Governor.

The State's Attorney of Williamson
County is Delos L. Duty, whose family
has been slightly identified with union
miner interests. Duty, who was elected
by miners' votes, is on record as express-
ing very serious doubt of his ability to
convict mob conspirators, leaders and
members of the mob. "To get a jury

I not imbued with the ideas of the labor
unions will be impossible, I believe," he
said, and added, "the killing was un-
human beyond words."

Brundage Infers Conspiracy

Edward J. Brundage, Attorney Gen-
eral of Illinois, views the Herrin massacre
as "murder in cold blood after the strip
miners had surrendered." That the At-
torney General believes a conspiracy ex-
isted is the inference to be drawn from his
statement that "the riot was not spon-
taneous; the mob gathered from several
counties at a central spot."

William M. McCown of Marion, the
Coroner of Williamson County, was a
union miner and is admittedly a union
sympathizer.

The principal business of Williamson
County is digging coal from deep mines,
of which there are thirty- two. There are
also four strip mines where huge shovels
scrape the earth from thick veins of coal
which run near the surface. Other
shovels then lift this coal into cars. It

I

was against the strip mine, owned by the
Southern Illinois Coal Company, of which
William J. Lester is president, that mem-
bers of the United Mine Workers of
America directed an attack. As an op-
erator Mr. Lester played a lone hand,
and was not a member of any coal oper-
ators' association.

Strip Shovels Continue Work

When the deep mines were closed by
the U. M. W. of A. strike April 1, last,
the stripping shovel at the Lester mine
did not cease operations. The stripping
shovel was kept at work, meantime, and
no objection was made by the strikers as
long as no attempt to mine coal was made.
Men manning this shovel, or rather the
crews operating it, were members of the
Steam Shovel Men's Union, an organiza-
tion not affiliated with the American
Federation of Labor.

About June 10 Lester made preparation
actually to dig and load coal and addi-
tional men, some of whom were rated as
track layers and others as guards, were
put on the property. This development
was instantly resented by the union
miners, and the question arose as to the
status of the men employed at the strip
mine. There was also the openly voiced
feeling of resentment that armed guards
were on duty at these strip mines.

As early as June 13, it became mani-
fest that a plot against the mine was
brewing. Robert Tracy, of Chicago, a
locomotive engineer, reported to the mine
for duty, and in examining the engine
firebox found ten sticks of dynamite and
two cans of powder therein. Two days
later, says Tracy, picketing of the mine
began.

The Sheriff and State's Attorney and
U. M. W. of A. officials protested to Mr.

8

Lester and his superintendent, C. K.
McDowell, against the employment of
these armed guards; said that they were
trespassing on public property and hold-
ing up traffic. The strip mine people
were told that they were courting destruc-
tion, if they continued to dig coal. There
is on record the statement that McDowell
declared that if any guards were outside
the mine boundary they were disobeying
his instructions. It was also said by some
who conferred with him that he promised
to disarm the guards, but this is not veri-
fied.

There was talk of boycotting stores
which were supplying the men with pro-
visions, and the union miners also were
sent to watch railroad stations where addi-
tional workmen for the strip mine might
arrive. Col. Hunter notes that two of
these workers, detraining at Marion, were
intercepted by union miners and ordered
away, and did leave.

The Telegram from Lewis

There was discussion among the strikers
as to the status of the strip mine workers.
On June 18, Senator Sneed wired John
L. Lewis, International President of the
U. M. W. of A., asking for an official rul-
ing on the status of the strip mine work-
ers. Sneed received the following reply:

Indianapolis, Ind.
June 19, 1922.
William J. Sneed,
Pres. Sub-District 10
District 12, U.M.W. of A.

Your wire of eighteenth, Steam Shovel
Men's Union was suspended from affilia-
tion with American Federation of Labor
some years ago . It was also ordered sus-
pended from the mining department of
the American Federation of Labor at the

9

Atlantic City convention. We now find
that this outlaw organization is permit-
ting its members to act as strike breakers
at numerous strip pits in Ohio. This or-
ganization is furnishing steam shovel
engineers to work under armed guards
with strike breakers. It is not true that
any form of agreement exists by and be-
tween this organization and the mining
department or any other branch of the
American Federation of Labor permit-
ting them to work under such circum-
stances. We have, through representa-
tives, officially taken this question up
with the officers of the Steam Shovel
Men's Union and have failed tosecureany
satisfaction . Representatives of our organi-
zation are justified in treating this crowd
as an outlaw organization and in view-
ing its members in the same light as they
do any other common strike breakers.

(Signed) JOHN L. LEWIS.

Published in Local Press

On Tuesday, June 20, this telegram was
printed in the Marion Daily Republican
as that paper's leading news article. It
was given similar treatment the same day
in the Herrin Journal. There is every
reason to believe that the contents of this
telegram became known to practically all
of the union miners and their sympa-
thizers over the whole of the coal field on
Tuesday and Wednesday.

The first mass meeting that the miners
held after the receipt of the telegram to
discuss a program of action against the
strip mine workers, it is related by Col.
Hunter, was held early Tuesday after-
noon, June 20. He was informed that the
miners were in session at the Sunnyside
Mine. Col. Hunter avers that he went
to the office of State Senator Sneed and

10

told the latter of the meeting, whereupon
. Sneed replied:

"I know about it. There is no cause
for alarm."

Col. Hunter says that a little later he
told Sheriff Thaxton of this miners' mass
meeting and asked the Sheriff to send a
deputy, who resided in Herrin, to the
meeting and ascertain what was going on.
The Sheriff promised to do this, Col.
Hunter says. There seems to exist a
strong probability that some definite ac-
tion against operations at the strip mine
was agreed upon at this Tuesday mass
meeting.

The next day another meeting took
place. Of what was done at this meeting
i and of the effect actually had on the minds
of the miners and their friends, the
Marion Daily Republican of June 22,
said:

Meeting in Cemetery

"An indignation meeting was held in
< the cemetery in Herrin on Wednesday
morning, June 21, at which time the
feeling was running high, and the tele-
gram of John L. Lewis calling these
shovel men common strike breakers, was
read. Soon afterwards a mob raided three
hardware stores in Herrin, obtaining a
few guns and rifles and 5,000 rounds of
ammunition of all kinds."

Walter M. Sims, editor of the Chris-
topher Progress, published in a mining
town fourteen miles from Herrin, wrote
in his publication:

"The trouble (the massacre) followed
after an indignation meeting was held just
outside of Herrin on a road to the mine
Wednesday morning following the publi-
cation of a telegram from John L. Lewis,
president of the United Mine Work-
ers, which stated that the workmen at
the strip mine who are members of the

11

Shovel Men's Union were 'common strike
breakers.' "

Writing from Ilerrin, Thoreau Cron; n
said in the New York Herald of July 12:

"A veteran of Williamson County to
whom the correspondent showed the copy
of this (Lewis') telegram, pushed his
spectacles up on his forehead after reading
it and said:

" * Everybody down here knows how the
union miners felt about this and how cer-
tain words inflame them. I should not
say that the word outlaw riled them so
much, but when Lewis officially told
them that those fellows out at the Lester
mine were to be treated like any other
strike breakers, I should say that it was
about the same thing as saying: 'Hike
out there to the mine and clean 'em
out.' "

Prominent business men of Marion and
Herrin say that when they heard the men
on the streets and in business places talk-
ing excitedly about the message from
Lewis that they felt certain a violent out-
break was but hours distant.

Out of these meetings meantime the
conspiracy to stop the operation of the
mine had been developed. The initial
move to invest the strip mine has all the
ear-marks of an organized effort and it re-
sulted in the first open act of hostility.

The First Hostile Act

On Wednesday morning, June 21, at
eight o'clock, say the union miners en-
trusted with keeping any more men from
reaching the strip mine, additional work-
men were unloaded from the Chicago
train at Carbondale, Illinois, about four-
teen miles from the mine. These men
were put into a mine truck which was fol-
lowed by a mine automobile. There were
eleven men in the two machines. At a

12

.

tjoint three miles east of Carbondale, men
in a strange automobile preceding the
truck fired shots into the air, as if by pre-
arranged signal. Immediately, shot gun
firing was directed from underbrush along
the roadside.

Some of the eleven strip mine workers
were wounded seriously and others fled,
followed by volleys of shot gun firing.
"Mark" Delaney, who was in charge of
the strip mine party, made his way back
to Carbondale and telephoned to Supt.
McDowell at the mine, relating how these
two automobile loads of men had been
fired on and stating that some of them
had been wounded and taken to the Car-
bondale hospital.

Events Known to Officials

All these events had not escaped the
ears and eyes of state, city and county
officials. Col. Hunter, after visiting the
mine, talking to the Sheriff, State's Attor-
ney, and other city and county officials in
Marion and Herrin had concluded as early
as Monday, June 19th: that "the local
officers were in sympathy with the bellig-
erent miners, but had agreed to maintain
order. ' ' He stated further, ho we ver , that he
had no confidence in the Sheriff's avowed
intention or his ability to cope with the sit-
uation and protect the men . He made this
report by telephone shortly before noon
on Monday to the Adjutant-General.

Hunter told the Adjutant-General that
the Sheriff had promised to protect prop-
erty and life at the mines. The Colonel
advised the Adjutant-General to have
two companies of the Illinois National
Guard, one at Salem and one at Cairo,
notified to be in readiness to entrain for
Marion on an hour's notice. These two
companies could have been in Marion
within four hours.

13

The Sheriff's Inaction

The Adjutant-General told Col. Hunter
at this time to "lay down" (bear down) on
the Sheriff and have him do his full duty
in the way of securing an extra force of
deputies. That afternoon the Colonel
asked the Sheriff what he was doing to get
more deputies and also informed him that
the two companies of troops were ready
to respond to any request the Sheriff
would make. The Sheriff said that he
felt his regular force of deputies was suffi-
cient for the present, and that for Col.
Hunter to tell the Adjutant-General,
"Troops would not be needed to put down
trouble at the mines."

Later in the evening Col. Hunter re-
ported to the Adjutant-General that the
Sheriff had not sworn in more deputies
and did not anticipate the use of troops.
Col. Hunter got after the Sheriff again on
Tuesday morning in regard to securing
additional deputies. The Sheriff replied
that the wild talk was dying down, and
Col. Hunter asked him if this was not a
result of the wide-spread rumor that two
regiments of troops were headed for
Marion. The Colonel declared that this
report was out and did have a noticeably
quieting effect on the streets until night-
fall when there was a resurge of excite-
ment, and anger attained new heights.

The Colonel talked to miners on the
street, found they were at the breaking
point and went again to consult with the
Sheriff. He reports that he "demanded
of the Sheriff that he swear in a large
force of deputies, including business men"
and was informed by the Sheriff that he
"had the situation well in hand," to which
Col. Hunter replied:

"Swear in deputies or ask for troops."

Wednesday morning, the day before the
massacre, found events moving swiftly

14

toward inevitable disaster. State Senator
Sneed, who had gone to Springfield on
official business on Tuesday evening, was
not available to advise with the Sheriff
the next morning. When Col. Hunter
stepped out on the street early on June 21
and found the whole countryside was liter-
ally boiling with excitement he imme-
diately went to the Sheriff's office to see if
that official had not finally been stirred
into action, since it was absolutely clear
that a mob of unprecedented size was be-
ing gathered to wreak vengeance.

Calling of Troops Urged

Col. Hunter found the Sheriff quite
placid, with no new deputies and uttering
his stereotyped expression: "I have the
situation well in hand." Col. Hunter
grew emphatic in urging the Sheriff to
make a request for troops . This was done
in the presence of State's Attorney Duty.
The Sheriff said that he had no idea of
calling for troops and Duty offered the
Sheriff the advice that, ""If I were a Sheriff
I would not call for troops under any
circumstances." To Col. Hunter, Duty
said that he had full confidence in Sheriff
Thaxton. Col. Hunter hurried away
from the Sheriff's office, resolved to lay his
case before the business men of Marion.
He got C. R. Edrington, secretary of the
Greater Marion Association, and informed
the latter that the Sheriff had absolutely
balked at swearing in deputies or making
a request for troops.

The Colonel and Edrington agreed that
something ought to be done immediately.
They decided that the best move would
be to get a committee of reputable busi-
ness men, mine owners and union miners
to visit the strip mine and ask the men
there to suspend operations. By tele-
phone they summoned A. B. McLaren, a

15

wealthy and influential business man of
Marion; Ralph Mitchell, General Super-
intendent of the Earnest Coal Company
and W. II . Rix, a union mine worker offi-
cial. This conference had hardly assem-
bled before the news was flashed about the
attack on the strip mine truck near Car-
bondale. The five men at the conference
decided to do all they could to have a
larger meeting of business men in the
evening.

Edrington continued for some hours to
telephone to responsible people asking
them to attend the contemplated evening
conference. Between messages he re-
ceived reports that armed men were com-
ing into the Herrin district from far away
points. The business men in touch with
Edrington told him that they had this same
information. Edrington and Hunter again
tried to locate Sheriff Thaxton to apprise
him of what the business men's committee
was attempting to accomplish, and to tell
him that a concerted assault on the strip
mine was in prospect, but the Sheriff had
gone, it was said, to investigate the shoot-
ing at Carbondale.

Raids on Stores Begun

Beginning about one o'clock and con-
tinuing for a couple of hours telephone
messages were received at the offices of
the Greater Marion Association relating
how hardware stores had been raided in
Herrin for guns and ammunition.

Alarm was immediately spread in
Marion advising merchants dealing in fire-
arms to conceal their stock . Two places in
Marion did not get this warning and were
raided. One small band of would-be
looters, called upon Edrington as head
of the local American Legion Post, to
deliver to them several rifles belonging
to members of the Post. Edrington re-

16

fused, explaining that there was no am-
munition available for the guns.

The Afternoon Battle

On Wednesday at 1:37 p. m. Col. Hun-
ter telephoned to Adjutant-General Black
reporting the attack on the truck and the
looting of three stores in Herrin. Col.
Hunter also told the Sheriff's office about
the stores being looted and was informed
by a deputy sheriff that this was the
office's first word of the occurrence.

In the meantime the organized armed
force of union miners, following the
meeting in the cemetery near Herrin,
had moved a couple of miles east and
was ready to launch the attack on
the strip mine. Attackers deployed over
a front several hundred yards long and
put the mine under heavy fire at about
3:00 o'clock. At 3:15 Supt. McDowell
called the Greater Marion Association's
office and informed Col. Hunter that a
battle was on in full swing and that five
hundred shots had been fired by both
sides. McDowell said that the miners had
marched up close to the mine and had
gone under cover. McDowell requested
.Col. Hunter to inform the Sheriff of the
battle. At the Sheriff's office Deputy
Storm reported the Sheriff still absent.

"I instructed Storm to call on all avail-
able deputies and proceed to the mine to
disperse the mob and to remain there un-
til the Sheriff returned," says Col. Hun-
ter, who added that he asked Storm to
get the Sheriff by telephone and tell him
that he ought by all means to put in a
request for troops. Storm's reply was
that they "could handle the situation."

Adjutant-General Black was told of the
latest situation by telephone and his ad-
vice to Hunter was to "see that the
Sheriff gets on the job." Hunter got the

17

Sheriff's office on the wire again and was
informed by whoever answered the tele-
phone that Deputy Storm was enroute
with deputies to the mine. That Storm
or deputies went to the mine is unverified.
A few minutes later Supt. McDowell
called from the mine to tell Col. Hunter
that the mob had gotten bigger and to
inquire if Sheriff Thaxton had been lo-
cated. Hunter told McDowell that he
had been informed by the Sheriff's office
that the deputies were on the way to the
mine.

A Survivor's Story

Engineman Tracy, in his account of
how he saw the Wednesday afternoon
battle start, gives his opinion that the
shots fired at his locomotive, at that time
quite a distance from the mine, were the
opening ones of the attack. Hardly had
he reached camp before bullets began to
rain in from a house and from nearby
clumps of trees and embankments.
McDowell grabbed a gun and gave Tracy
one. He mounted a ridge and began
shooting.

Under oath, Bernard Jones, a mine
guard, says he saw union scouts in the
woods June 20th, and that the following
afternoon bullets began to whip up the
earth near him. He and three compan-
ions mounted an elevation and made the
attackers retreat to a white farm house
five hundred yards distant.

At 3:50 p. m. Assistant Mine Superin-
tendent John E. Shoemaker, brother-in-
law to W. J. Lester, telephoned that fire
from the defenders had struck down at
least two union miners in the attacking
party. McDowell took the telephone
again and inquired if the Sheriff had been
found and had made a request for troops.
All Hunter could tell McDowell was that
he was still trying to locate the Sheriff.

18

•' At 4:14 p. m., when Col. Hunter got
McDowell on the wire and found the
battle was still raging and no sheriff
and no deputies could be found to inter-
vene, McDowell put his case in Hunter's
hands and asked for advice. Imme-
diately Col. Hunter suggested that a truce
be effected and outlined terms . McDowell
agreed and Hunter told him that he would
act at once.

The Truce

While Col. Hunter was trying to locate
union mine workers' officials relative to
the truce, he got word from Mr. McLaren
and C. F. Hamilton, business partner of
Lester, that they had told Lester that the
mine was under heavy fire and he said he
would close it, and that he would try to
get a telephone message through to
McDowell to this effect. McDowell's
agreement to accept a truce was put before
Fox Hughes, Sub-District Vice-President
and ranking U. M. W. of A. official on
the spot. Hunter asked Hughes if he
thought he could get the attacking party
to agree to a truce on the terms as out-
lined to McDowell and Hughes replied
that he thought this arrangement would
be agreeable to the union miners who were
attacking.

"I told Hughes I would instruct
McDowell to put up a white flag of truce
when he saw the union miner officials
approaching under their white flag of
truce," Col. Hunters says. The Colonel
then asserts that Hughes told him
that he (Hughes) and Hugh Willis and
William G. Davis (the latter secretary
and treasurer of the miners' union) —
these are three of the best known and most
prominent U. M. W. of A. officials in
Williamson County — would go to the
mine under their white flag of truce.

Hunter immediately advised McDowell

19

that the U. M. W. of A. officials ha*'
agreed to the truce and were headed fci
the mine. He then got Hughes on the
wire again and told the latter of what he
had just telephoned to McDowell. Hugh
"Willis and Davis soon thereafter appeared
at the mine under their flag of truce and
the firing stopped, they later reported to
Hunter. McDowell telephoned to Hun-
ter that the flags of truce were flying and
that gun-fire had ceased.

A short time later, Hughes and Willis
reached the office of State's Attorney
Duty at Marion, and called Hunter
and his Aide, Major R. W. Davis, to
Duty's office. Sheriff Thaxton was there.
"Hughes and Willis announced to the
meeting that both sides at the mines had
flags up and there was no firing," says
Colonel Hunter.

The White Flag

Engineman Tracy's version of how the
truce was established and firing brought
to an end late Wednesday afternoon is
substantially as follows: he stayed on the
elevated point using his rifle until Superin-
tendent McDowell went up to him and
said to him, "The Union President is
there and I am going to have a conference
to stop the firing." Tracy did cease
shooting and says that "A. P. Finley,
the time keeper, got out a white sheet and
sent it by a man named Jones to Tracy,
who hung it up on the wires." Tracy esti-
mates he was shot at about fifty times
while he was hanging the sheet up, but
that this firing died away and he crawled
down and out of danger.

Tracy makes this peculiar comment,
"then it developed the miners' president
had not appeared after all," and he adds
that there was sniping all through the
night. He said he could hear the attack-

20

ers drilling in the field surrounding the
mine and that the commands "squads
right" and "squads left" came clearly to
his ears.

The Terms

At the Wednesday evening meeting in
State's Attorney Duty's office, where Col.
Hunter and Maj. Davis went in response
to a telephone call from Fox Hughes and
Hugh AVillis, Sheriff Thaxton also being
present, Col. Hunter says he repeated the
statement that responsible business men
of Marion who had talked over long dis-
tance telephone to the owner of the strip
mine, had given him (Col. Hunter) posi-
tive and reliable assurance that the mine
would be abandoned and closed so long as
the U. M. W. of A. strike lasted. The
Colonel asserts that there was a clear
understanding of all the terms of the
truce, which both sides had accepted.
The Colonel says these terms were under-
stood by everybody at this meeting to be
as follows:

(1) Both sides to hoist flags of truce
and cease firing.

(2) The men in the strip mine to be
afforded protection in getting out of the
County and that the mine property be
not damaged.

(3) The mine to be closed ior the
duration of the U. M. W. of A. strike.

Hughes and Willis left the conference.
Turning to Sheriff Thaxton, Col. Hunter
asked him point blank if he felt sure
he could hold up his end of the truce
agreement and the Sheriff then stated that
he had "deputies at the mine who could
handle the situation, and that he felt cer-
tain the truce would be observed and the
trouble ended."

21

Refuse to Call Troops

Despite this assurance given by the
Sheriff, Col. Hunter was uneasy during
the evening. He found that the tele-
phone wires at the mine had been cut
and dynamite blasts were heard from
the direction of the mine. He urged the
Sheriff, as a matter of protecting the pris-
oners on march from the mine in the morn-
ing, to make an official request for troops.
The Sheriff refused. Col. Hunter then
asked the Sheriff to go to the mine with
him and personally see to it that the truce
was lived up to. The Sheriff also declined
to do this, saying he was tired and was
going home and to bed. This was near-
ing 11:00 o'clock.

During the conference, when the U. M.
W. of A. officials were present, an agree-
ment was reached that all of those then
in the room should go to the mine in the
morning. Col . Hunter suggested that the
hour of departure be at 5 or 6 o'clock.
Sheriff Thaxton, however, set 8 a. m. as
the hour for leaving.

At 6:00 o'clock the next morning and
again at 8:00 a. m., Col. Hunter and
Major Davis were at the door of the Sher-
iff's office and found it locked. It' was
8:30 o'clock before they encountered the
Sheriff leisurely walking on the public
square. Hughes and Willis, the U. M.
W. of A. officials who had promised to be
members of the Sheriff's party, were not
to be found. Col. Hunter, Major Davis,
the Sheriff and one of the deputies, Shef-
fer, started by automobile for the mine.
They arrived there at about the hour
when the massacre was taking place in
the woods two miles distant . They found
the mine swarming with men engaged in
pillage and arson and who continued the
destruction of property under the very eyes
of the officers and defied interruption.

22

The Surrender

It had been Col. Hunter's original
thought that if a truce could be effected
quickly enough, that the men in the mine
should vacate before night fall, but it was
around 6:30 o'clock before the flags were
hoisted and the firing ceased. No arrange-
ment, however, were made to afford safe
escort to the men that evening.

Some of the prisoners who survived
the next day's massacre, say that there
was sporadic shooting during hours of
darkness when the attacking miners
swarmed into the big gulches dug by the
steam shovels and drew a tight circle
around the bunk cars and coal cars where
the strip mine workers spent the night.
At least five big charges of dynamite
were exploded against mine machinery
and property. One blast was set off
within thirty feet of the bunk cars where
the strip miners were housed.

Tracy's description of the surrender
Thursday morning is one of the most con-
nected that has been given. He relates
that instructions were given to the men
in the mine not to fire any more but that
some one should be sent out from the strip
mine party with a truce flag. Tracy over-
heard McDowell tell his assistant, John
E. Shoemaker, a civil engineer, son of the
Mayor of Charleston, Illinois, that there
should be no shooting and the truce flag
should be carried out.

A big fellow, known as "Mac," had not
stepped out over 20 yards from the cars
when he was fired on and he ran back,
says Tracy, who continues:

"Either Mac or Jones then marched
out with a cook's apron tied to a broom.
I heard several of the attackers then say
that if we would march out and lay down
our arms they would not harm us. They

23

shouted they would take us on a train
and let us go back home."

Prisoners Throw Up Hands

Tracy says that all rifles were laid down
and shells put between cars and that all
the prisoners put their hands over their
heads and walked out into the open.
This was in accordance with instructions
given by the attacking miners and repeat-
ed by McDowell and Shoemaker, as an
order to the strip miners, Tracy avers.
The attackers came hurrying up from all
directions, some of them firing their guns.
They yelled in exultation.

"A man who acted like a leader shouted
at them to quit firing at us," Tracy goes
on. "He was a little heavy set fellow
about forty or forty -five years old , weighed
about 170 pounds, dark complected
and dressed in a dark suit. He waved a
big automatic pistol and yelled 'Now you
ought to use judgment, there is no use
getting excited or starting any trouble
whatever. I am a leader of this bunch.
Listen to me and we will take them down
the road.'

"A mob yelled him down and some of
them told him if he didn't shut up they
would shoot him. They said they were
going to kill the whole bunch."

The march smacked very much of mili-
tary discipline, and although there were at
least 3,000 men mostly armed in the crowd
around the prisoners, those in charge
were able to secure obedience to their
orders.

Tracy describes how ill treatment of the
prisoners was kept up as they marched
along but the violence was not desperate
except in the case of McDowell. He was
made an immediate target for blows
which were not long in bringing about
his death.

24

Jones's Story

Another account of the surrender and
start of the march from the mine is given
under oath by Bernard Jones, the mine
guard who was quoted above . Jones says
of the Thursday morning events:

"The white sheet (the flag of truce on
the wires) was taken down because the
mob yelled 'Take that damned flag down.'
We knew there would be a battle."

The prisoners felt they were in a trap
and some of them were panic stricken,
Jones asserts. McDowell said "Some-
body ought to go talk to the attackers."
Jones says that he went out with an apron
tied to a broom and told the victors that
the strip mine workers were ready to sur-
render provided they were given the assur-
ance of being allowed to walk out unmo-
lested. Jones says he called out, "I want
to talk to you" and that a leader answered.
Jones describes this leader as being 24 or
25 years old, weight 160, 5 feet 9, with
sharp, freckled face, light haired and tot-
ing a rifle. This leader, Jones asserts,
agreed to the proposition of letting them
out unmolested provided "you come out
unarmed, with your hands up in the air."

McDowell overheard this promise, says
Jones, with the result that "we were all
formed in line, hands up, and walked west
on the railroad tracks 150 yards to where
the union men were congregated. The
prisoners were covered with rifles and
pistols by their captors who rushed up
close and searched them for weapons."

Jones estimated that there were 3,000
armed men in the crowd to which they sur-
rendered. He said the victors began slap-
ping the prisoners who were marched two
abreast down the railway tracks. About
200 yards had been covered when the
prisoners were told to take their hands
down and their hats off. McDowell was

25

struck and kicked. When the prisoners
were forced to go on a trot McDowell
was unable to keep up because of his peg
leg and he fell two or three times. The
treatment of McDowell soon became so
brutal that he could go no further.

The Murder of McDowell

Tracy describes the killing of McDowell
in more detail. The procession had got-
ten to a place called Crenshaw Crossing
and the prisoners were being beaten pretty-
generally when a new leader appeared,
and was hailed as "Tom" or "Bill."
Tracy describes him thus: "A big fellow,
50, stout, weight 190, 5 feet 10, with a
week's growth of beard, rawboned, dress-
ed roughly, wearing blue overalls and felt
hat." This leader singled out McDowell
and said to the latter that he had put
Howat in jail in Kansas but would never
put anybody else in jail.

This leader began beating McDowell
over the head with a .45 caliber automatic
pistol and kept it up for about 200 yards
when he took McDowell out of line and
knocked him down with a heavy blow on
the side of the head. Tracy said he saw
some six or eight women, some of them
carrying babies in their arms, kick
McDowell. Tracy did not see this par-
ticular leader any more. The captives
were nearing the place where the ghastly
job was to be done and the leaders, se-
lected for this work, began to spread their
instructions to the armed strikers, as the
following versions of survivors show :

Halt to the march was .called, says
Jones, by "a gray haired man, weight 190
to 195, aged 45 or 50, so gray he was
white, stubby mustache, in overalls, wav-
ing a .45 caliber Colt who shouted: T
want to shoot all the * * * ' "

Jones says the reply made to this gray

26

'

haired man was "We will take care of
them when we get to Herrin." The
march was continued about a quarter of
a mile further up the road when another
fellow stepped in and made a speech,
Jones says, about what should be done
"to us on account of his beloved union
brothers being bumped off the day before
or being killed." Under oath Jones de-
clares: "The speaker said 'Boys I will
show you what to do with them.' "

This speaker is described by Jones as
5 feet 9 or 10 inches, weight 190, dark
hair, dark complexion, dressed in dark
clothes and carrying a revolver. One
young fellow in the crowd shouted to
the speaker "Listen, buddy, don't rush
things, don't go too fast."

To this the new leader replied: "To
Hell . You don't know nothing , you have
been here only a day or so, I have been here
for years, I have lost my sleep 4 or 5
nights watching those scabs and I am go-
ing to see them taken care of."

But the march was continued until the
procession drew very close to the power
plant where a halt again was called. Jones
describes how, at this point there came
up from the rear a "heavy built man, dark
complexion, dark haired, wearing a Fe-
dora hat," who talked to the miners at
the head of the line and asked who had
operated the machine gun. This ques-
tion was put to the prisoners, who said
they didn't know.

Tracy remarks that it was at this point
a man "who all the strip miners said was
an officer of the Miners' Local appeared
in an automobile, drew the mob leader
aside and after talking to him pointed to
the woods."

The Massacre

Tracy says this man in the automobile
then drove away while the leader led the

27

column into the woods and commanded
that "every fellow that has got a rifle
come forward; you fellows that ain't got
no rifles stay back." Tracy estimated
that about 500 men, carrying pistols,
rifles, shot guns, and all kinds of weapons
followed the prisoners into the woods.
The leader lined the strip miners up at a
barbed wire fence and shouted "when I
give the command every fellow fire."

At this order there was a rush among
the armed men to get close up in front.
Tracy says he could "hear the guns cock
as they pulled up." Then came the order
to run. Tracy ducked under the fence
and fled at top speed, turning only to look
back and see men fall while their pursuers
reloaded and shot into them again.

Jones remembers someone saying, just
before the massacre took place :

"Listen men, I want to talk to you.
We can't take these men to Herrin but it
will be all right to take them out into the
woods and field and start them on the
run and then all of you can get a shot at
them."

This plan prevailed. After a while,
Jones says, the order to fire came froni the
"leader and the rest of them, all of them."
Jones heard them shout "come on you and
start to run for that fence and field."
It is Jones' opinion that several shots
were fired before anybody started to run.

From Eye Witnesses

Two St. Louis Globe-Democrat reporters
seated in an automobile pulled up at
the edge of a road, saw the cavalcade pass.
They wrote as follows: "The advanced
guard rattling by in scores of flivvers had
screeched the news 'We got 'em. They're

28

ii

coming.* And they came, the limping
mine superintendent blinking and trying
to ward off further blows." Others were
about as much battered.

A semi-official account of what hap-
pened after the prisoners had passed a
point where the two newspaper men saw
them is as follows:

The Slaughter at the Fence

The first desperate violence to the prison-
ers came after fresh bands of men from
Zeigler and other points had joined the
mob marching the prisoners toward Her-
rin.

Approaching the power plant, a young
chap, about five feet seven tall, to whom
recognition was given as leader, halted the
prisoners and their escorts. He gave
orders for the column to move to the right
which would take the prisoners off the
road and put them into the woods back
of the power house.

At a point immediately in the rear of
the power house and not more than 250
feet distant from it, the prisoners were
halted about twenty feet from a four-
strand barbed wire fence . The prisoners,
46 or 47 of them , were lined up as targets.
The 500 armed men were arranged in
two squads, forming a shallow "V or
semi-circle. This boxed the prisoners in
and gave them no opportunity to get
away from the gun-fire except through the
barbed wire. The command was given,
and the dead and wounded began to drop
and a "rabbit" hunt with men as the
game ensued. Many who got through
the wire were killed and others wounded.
Some of the wounded were mutilated after

29

they had been brought down to earth by
bullets.

Reporter Sees Mutilated Victims

The first newspaper man to arrive on
the scene, in the woods, J. E. Hendricks,
of the St. Louis Post-Dispatch had been
held up an hour in Herrin by a crowd
which had told him that what was going
on was the town's own business and was
nothing for the newspapers. Finally he
got free enough to follow a crowd stream-
ing from Herrin to a woods on the edge of
town. Arriving at the scene of the
massacre, he saw several of the prisoners
with throats cut and one man hanging
to a tree. At another point where it ap-
peared at least six men had been taken
into a cemetery, and three killed and three
wounded, their clothing showed they had
been dragged over the ground, after hav-
ing been tied with rope. In the far dis-
tance men could be seen running, pursued
by little groups of other men, much as
rabbits running from hounds.

Another account, given by a man who
went unarmed with the mob, says:

"I saw one man shot with a shot gun
which tore a hole in him where you could
see his heart and it was shot half in two.
One fellow begged me to help him. I
told him if I saw anyone looking for him
I wouldn't show them where he was, but
that was all I could do for him. He just
begged me not to shoot him. He said
the other man told five of them that they
would turn them loose if they could run
through fire and they said they would.
The other four were killed and he was
shot twice, but not bad."

30

Stories of Slaughter

The Associated Press correspondent
whose accounts of the massacre atrocities
made the nation shudder with horror and
caused Congressman Dennison to attempt
denial on the floor of the House, under-
went gun-fire and more than once risked
his life to witness the concluding phases
of the massacre. This man is a veteran
reporter from the Chicago office of the
Associated Press.

Arriving in Marion at 8 o'clock on the
morning of the butchery he was rushed by
automobile to the mine where he saw Col.
Hunter and others making futile effort to
check the work of the firebugs and looters.
He was told that the strip miners had
surrendered and hearing gunfire coming
from the direction they had taken, he
jumped back in his auto and went in pur-
suit of the marchers. This was just about
the moment when the shooting at the
barbed wire was taking place.

Some ten minutes drive from the mine,
the hired chauffeur refused to go further
because a crowd of armed men could be
seen on a knoll near the road. The
A. P. man proceeded on foot. He found
several jeering six of the victims, three
of whom yet exhibited signs of life. All
had ropes around their necks. He heard
one of the wounded men beg piteously for
a drink of water. At this, he hurried to
a house 100 yards distant, picked up a
small pail partly filled with water and
ran back toward the spot.

He was stopped by a large man of the
mountaineer type who pulled a pistol
from his holster and commanded "keep
back there, don't come around these fel-
lows." Others in the crowd drew pistols
and menaced him. The leader was of
distinctive appearance, weight about 200,
I age about 45, height six feet two, raw-

31

H

boned, much sunburned, light hair, a
clearly American type. He wore faded
blue overalls and shirt and spoke slowly,
but without a Southern drawl. The brim
of his black slouch hat was covered with
dust, as though he had been with the
marchers from the start.

Two of the three wounded men con-
tinued to plead for water. "Give me a
drink before I die," said one of them.
At this a comely woman of 24 years ap-
parelled neatly in a light flowered cloth
dress and carrying an infant of a year in
her arms, put her foot on the body of the
suppliant and exclaimed: "I'll see you in
hell before you get any water."

The Man Hunt

The Associated Press correspondent
was then ordered to "move along." As
he neared the woodland massacre scene
he saw three men jump from hiding places
about 100 yards distant and run for their
lives. Some 200 yards from the running
men there appeared a group of pursuers
who fired as they leaped forward. Ten
seconds later another band began shoot-
ing at the fleeing prisoners. The Asso-
ciated Press man was caught in a cross
fire with bullets whizzing past him from
two points. As he raced for safety he
turned to see one of the three prisoners
fall . "What happened further to the fallen
man or his companions the Associated
Press man could not see.

Getting into the woods where the
butchery had reached its height, the
'Associated Press correspondent came up-
on a man strung up to the stub of a broken
tree limb. Lying on the ground a few
feet distant were two other men, each
with a rope around his neck. It did not
appear they had been hanged but both
were dead of bullet wounds.

32

\

The woods were swarming with men
armed with pistols and shot guns. Two
men carried sawed off riot guns. The
Associated Press correspondent, at a
point about 100 yards distant from the
hanged man, stopped beside a wounded
man who was writhing in agony and ask-
ing for a drink: "I wish I was dead" he
muttered. A half dozen times he said
this.

Pleas for Mercy Bring Kicks

Instead of exciting pity, the man's dy-
ing words seemed to make the men stand-
ing around him angrier than before. They
cursed and kicked him. Apparently irri-
tated beyond control, a man of foreign
type, stockily built, about five feet seven
in height, with high cheek bones, a long
flowing mustache and chin that came to a
sharp point opened a pocket knife and
with the exclamation, "I'll make you
dead" plunged the blade into the helpless
prisoner's throat.

Although it was thought for a time that
six of the prisoners had been cut out of
line and tied together and then shot down
before the procession reached the power
house woods, the best account of this
incident now has it that the six were
stragglers who had gotten through the
barb wire and were rounded up, roped
together and marched through the Herrin
Cemetery, then marched back out of
Herrin and told to run. Gun fire brought
one of them down, and he pulled the
others off their feet. Their pursuers then
rushed up close and fired into them at a
distance of four or five feet.

One of these men, Howard Hoffman, of
Huntington, Indiana, lived long enough
to reach the hospital where he is credited
with telling Doctor Black and the nurse
that his throat was cut and men jumped on
him after he was down. Another one of

33

these men told the doctor or nurse at the
Herrin Hospital how, after he had fallen,
one of the men stretched his head back as
far as possible so that another might easily-
cut his throat. This man died without
his name being learned and he was buried
with the other unidentified dead in the
Potters Field at Herrin.

At the Morgue

On the street in front of the morgue in
Herrin, the following day, the Associated
Press man, encountered the mountaineer-
like man who had held him back from giv-
ing a drink to the wounded man on the
knoll. Asked when the inquest would be
held, the big man replied: "There don't
need to be any inquest, everybody knows
they're dead." The dead were first piled
in a heap in a corner in the morgue.
Later the clothing was removed from all
the bodies and they were laid in a row
and thus exposed wholly to view. Lines
of men, women, boys and girls filed
through the morgue and joked at the
sight. Later some portions of the bodies
were covered. Here and there was a
body so filled with small shot that scarce
a half inch square surface of the skin had
escaped.

The visitors did not hesitate to gloat
over the "fine" work the mob had done.
One woman leading a little boy, exclaimed
as she directed his attention to the lifeless
bodies: "Take a look at what your papa
did, kid."

Edward Miller, 1545 North Clark St.,
Chicago, told a St. Louis Post-Dispatch
reporter that he and another of the strip
mine men escaped wounded into a barn
where they were located by man hunters
who fired bullets into both of them, kill-
ing Miller's companion.

Robert McLennon, Jr., of 5%5 N. La

34

q

Salle St., Chicago, told the same reporter
that the cool-headed miners who were
escorting the prisoners were outnumbered
from the start by miners who wanted to
kill. The leaders counseled against vio-
lence until the woods were reached, said
McLennon .

Fred Bernard of Chicago, escaped by-
turning left when, as he says, the leader
of the mob gave the command to "turn
right." He was fired upon and fell un-
hurt. Pursuers ran up to him. He told
them he had a union card in his pocket.
He finally proved he was an Elk and was
given assistance in escaping.

Sherman Holman, one of the wounded
survivors, declares he fell wounded along
side Assistant Superintendent John E.
Shoemaker and describes how pursuers
came up and remarked "the * * * is
still breathing, anybody got a shell?"
and that Shoemaker was then shot
through the head.

The Coroner's Jury

At the inquest held by Coroner McCown
in Herrin on Sunday, June 25th, over the
bodies of 21 victims of the massacre, no
effort was made to establish the identity
of any of the men who killed the unarmed
prisoners. "Parties unknown" did the
killing according to the verdict.

The Verdict

About twenty -five witnesses were exam-
ined by the jury and the following verdict
was returned:

"In the matter of inquisition over the
bodies of deceased held at Herrin, Illi-
nois, on the 25th day of June A. D.
1922, we, the undersigned jurors, find
that they came to their deaths by gun
shot wounds by the hands of parties

35

unknown on the 22nd day of June A. D.
1922.

"We, the undersigned jurors, find from
the evidence that the deaths of decedents
were due to the act, direct and indirect,
of the officials of the Southern Illinois
Coal Company. AVe recommend that an
investigation be conducted for the
purpose of fixing the blame personally
on the individuals responsible."

The record also says that one man was
burned with a hot iron; that a hot iron
was used to mutilate the dead. It was
also stated this was true by Editor Dro-
beck who described how the word "scab"
was branded on Supt. McDowell's body.

Proof of a Plot

That the massacre was the result of an
organized movement is the conclusion
drawn from the following statements:

It was a seemingly well organized,
remarkably sober, determined, resolute
aggregation of men and boys fighting, as
they put it in their own words "to pre-
serve the unions,"

is the declaration of Colonel Hunter.

Writing in the Williamson County
Miner, the publication owned by the
U. M. W. of A. men in this field, Editor
Drobeck as an eye witness, says:

At daybreak the 3,000 armed citizens
(surrounding the mine) realizing that the
future peace of their county was at stake,
formed what has been termed by many,
one of the neatest columns of troops ever
seen in the vicinity, worked their way
into the stronghold of the outlaws and
captured those that remained alive.

36

Several of those that were taken from the
pit alive were taken to the woods near
Herrin , where later they were found dead
and dying. There were no riots, merely
the citizens of the county acting in the
only way left them for the safety of their
homes. The faces of the men who were
killed in the disturbance are horrible
sights. Uncouth, as all crooks must be
at the beginning, they were doubly un-
attractive as seen after justice had
triumphed and the county had again re-
sumed its normal peace-time behavior.

Editor Sims in the Christopher Progress
says:

The whole of Williamson and Franklin
counties was in turmoil until late Thurs-
day and on Wednesday afternoon the
miners in Zeigler and West Frankfort
were canvassing the business districts
and homes for arms and ammunition,
and we doubt whether there was much of
either one left in their towns after the
cars had left for the scene on Wednesday
evening.

We have talked to several who were
near the scene of rioting and many have
reported to us that no city in the com-
munity showed their colors so much as
the city of Zeigler which is located in
Franklin County. At least three hundred
strong men journeyed in cars from
Zeigler on Wednesday evening and al-
most every car was loaded with men,'
guns and ammunition.

More than a month after the massacre
scarcely a visible effort has been made to
discover or punish perpetrators of the
crime. The press of the country united
in condemning the ghastly outrage and
demanded action but none has been taken.

37

State and local officials have taken the
position that it would be impossible to fix
the responsibility because Unionism con-
trolled Williamson County. In the mean-
time the bodies of the unidentified dead
have been buried in Potters Field.

Shall the assassins of innocent American
citizens go unpunished?

It cannot be possible that Illinois will
not take further official cognizance of these
infamous acts, as the first and last tribunal
of the country, our American citizenship,
will demand that lawlessness, murder and
massacre are not and never shall be per-
mitted to undermine the security of not
only the nation's industries, but the very
lives and homes of our people.

38

L

M

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Lithomount

Pamphlet

Binder

Gaylord Bros. Inc.

Makers
Syracuse, N. Y.

PM. JAN 21, 1908

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