C. W. Skidmore, C B. Brittian; for the year 1936, C. F. C. Lewis, G. G. Whitcomb, Lee Ledford; for the year 1937, E. V. Howard, W. H. Pennington, and W. T. Holmes; I also certify that said Commissioners were duly appointed, qualified and sworn in open court as the law directs, and that they served as such Commissioners after being duly appointed and sworn.

Given under my hand as Clerk of the Court as aforesaid, this March 10th, 1937.
O. M. HOSKINS,
Clerk, Harlan Circuit Court.

EXHIBIT 3403

LIST OF THE JURY COMMISSIONERS OF HARLAN COUNTY FROM 1934 TO DATE These jury commissioners were appointed by circuit court, Judge James M. Gilbert.

1934

J. N. Blanton.-Blanton owns coal land which he leases to operating companies. Dr. H. K. Buttermore.-Dr. Buttermore is president and general manager of the Elcomb Coal Co. of Elcomb, Ky., which mines between 35,000 to 100,000 tons of coal a year. He also acts in his capacity as physician, as doctor to his own mines, and the Perkins-Harlan Coal Co. and the Mahan-Ellison Coal Corporation.

T. F. Ward. He is first cousin to George Ward, who is the secretary of the Harlan County Coal Operators' Association. He is brother of Judge Ward.

1935

W. B. Hoskins.-Mr. Hoskins is a merchant at the town of Loyal. Judge Gilbert is very friendly to Mr. Hoskins. Hoskins married the niece of C. W. Skidmore, who leases land to the Harlan-Wallins Coal Co. Hoskins' father and uncle are first cousins to W. W. Lewis.

C. B. Brittian.-He is brother-in-law of J. S. Green, former sheriff of Harlan County for a short period of time, and a member of the coal mining firm of McIntyre and Green and Wallins Creek, Kentucky. He is also a very close friend to the former sheriff, John Henry Blair.

C. W. Skidmore.-See above.

1936

C. F. C. Lewis.-Mr. Lewis is a farmer.

G. G. Whitcomb.-Mr. Whitcomb is a bottler of soft drinks and sells his product to all of the commissaries of the coal companies in Harlan County.

Lee Ledford.-Mr. Ledford is a traveling salesman and sells suits to the miners through the company commissaries. All collections for the suits he sells are made

through the commissaries.

1937

E. V. Howard.-Mr. Howard is the father of Burt Howard, the county attorney. When Gilbert ran for circuit court, Mr. Howard supported "Baby" Jones in the race against him.

W. H. Pennington. Mr. Pennington is a merchant in Harlan town. He is a member of the coal operators' clique in the Baptist Church.

W. T. Holmes.-Mr. Holmes is the superintendent of the Cook & Sharpe Coal Co. at Lejunior, Ky., which is a small company, mining between 30,000 to 75,000 tons a year. Mr. Holmes owns a one-third interest in this company. He was in some way implicated in the shooting at Mr. and Mrs. Musik on the railroad track on January 31, 1937.

Judge Gilbert had contemplated the appointment of B. M. Warren as jury commissioner until the death of the Musick boy. He then changed his mind and wrote Mr. Warren the letter printed in the testimony and appointed Mr. Holmes in his place.

EXHIBIT 3404

LIST OF ELECTED OFFICERS OF HARLAN COUNTY

Circuit court judge, James T. Gilbert.

Commonwealth attorney, Daniel Boone Smith.

Circuit court clerk, Oscar M. Hoskins.

County judge, Morris Saylor.

County court clerk, H. C. Howard.
County attorney, Bert Howard.
High sheriff, Theodore R. Middleton.
County treasurer, W. W. Lewis.
Deputy treasurer, Ella Tucker.
Coroner, Farmer.

Deputy coroner, Herbert Cawood.
Jailer, C. C. Ball.

EXHIBIT 3405

POST OFFICES AND POSTMASTERS OF HARLAN COUNTY, Ky.

Ages: Mrs. Ruth Peterson. Her husband is foreman of the Harlan Collieries located at Ages.

Store manager of Black Star Coal Co.
President of Bardo Coal Co.
Ison. Wisconsin Steel.

Alva: Roy Fraim.
Bardo: Kenes Bowling.
Benham: Mrs. Emily B.
Benito: James Bennett.

Bookkeeper, Benito Mining Co.

Brookside: John H. McKinley. Store manager or bookkeeper, Harlan Collieries Coal Co.

Chevrolet: Thomas D. Seay. Bookkeeper, Blue Diamond Coal Co.

Clospint: Leonard C. Morgan.

Coal Co.

Coalgood: Benjamin S. Berger.
Coxton: Chester Gilbert Stone.

Bookkeeper or store manager of Clover Splint

Storekeeper or bookkeeper, Mary Helen.
Elkhorn Piney Coal Co.

Crummies: Thurman C. Chappell. Crummies Creek Coal Co.

High Splint: Charles H. Jones. Bookkeeper for High Splint Coal Co.
Kenvir: John A. Van Pelt. Black Mountain.

Kildav: Charles E. Barton (acting). King Harlan.

Kitts: Grant Mason. Clover Fork.

Lejunior: Ernest W. Reece. P. V. & R. Coal Co.

Lenarue: Howard F. Dizney. Bookkeeper for Southern Harlan Coal Co.

Liggett: Fletcher A. Watson. Perkins Harlan.

Louellen: Mrs. Myrtle B. Baughn. Cornett Lewis.

Lynch: Everett Rice Waltton (acting). U. C. Coal & Coke Co.

Molus: Berry L. Howard. Operates a store for the Harlan Wallins Coal Co., which is owned by Bassham.

Splint: John J. Asher. Splint Coal Co.

Three Point: Rex Hedrick, Totz: Leonard M. Proffit. by C. Vess Bennett.

Twila: Mrs. Lucy Rice.

Creech Coal.

Three Point Coal.

Store manager at Harlan Central Coal Co., owned

Creech Coal Co. Husband store manager for

Verda: Raymond H. Cornett. Secretary and treasurer for Harlan Wallins Coal Co.

Yancy: Clyde Guthrie. One of the owners of the Harlan Fuel Co. Yancy is place where Everett Centers either committed suicide or was murdered.

TRANSCRIPT OF THE INVESTIGATION BEFORE JUDGE JAMES M. GILBERT, ON SEPTEMBER 30 AND OCTOBER 1, 1935, IN THE HAR. LAN CIRCUIT COURT, OF THE CIRCULATION OF REPORTS THAT THERE "IS A REIGN OF TERROR IN HARLAN COUNTY"

EXHIBIT 3406

Since the adjournment of the Grand Jury here, it has been reported in the Press of the State that some two hundred people have been evicted from their houses, and that there has been "a reign of terror and lawlessness in Harlan

County; that people have been taken in charge, whipped and driven out of the County", and based on said reports, as shown by the newspapers, the Governor has sent troops into Harlan County for the third time, and that the Court has had no information or knowledge, direct or indirect, of any such conditions existing in Harlan County, and in order to satisfy himself, a man by the name of Timko, and others, have been summoned in here, who it is reported have circulated these reports, and this investigation is held for the purpose of finding out whether there is any justification in these reports.

This investigation was held before Honorable James M. Gilbert, Judge of the Harlan Circuit Court, in open Court on the 30th day of September, and the 1st day of October, 1935. The Court called Jean Cowden, Reporter, to report the proceedings had on this investigation.

Counsel for Court: Honorable Daniel Boone Smith, Harlan; Honorable J. B. Snyder, Harlan; Honorable H. H. Fuson, Harlan.

Counsel for Mr. Timko: Honorable James Golden, Pineville; Honorable W. R. Lay, Pineville; Honorable B. B. Golden, Pineville.

The first witness called by the Court was J. J. Timko, who, after first being duly sworn, testified as follows on

Direct examination by D. B. SMITH.

Q. 1. What is your name?-A. My name is Joseph John Timko.

Q. 2. Where is your home?-A. At the present time in Middlesboro, Kentucky. I came from Indiana.

Q. 3. How long have you been in Middlesboro, Mr. Timko?-A. Since the 8th day of July.

Q. 4. This year?-A. Yes, sir.

Q. 5. What is your business or profession?-A. International Representative of the United Mine Workers of America.

Q. 6. It has been reported here through the Press and by word of mouth, that you have possibly signed or made an affidavit with reference to the conditions in Harlan County.-A. I never signed any affidavit.

Q. 7. You have made some affidavits, have you not?-A. No, I have some, but I have not signed any of them.

Q. 8. None of your own signature?-A. No, sir.

Q. 9. Well, you are the same person that has been referred to in the press as having reported on conditions in Harlan County, are you not?-A. No. It is in one paper that I made a statement. It refers to me. However, that they never got it correct. They are about as wrong about the statement as they were about my name.

Q. 10. What was the paper that you made a statement to?-A. In the News Sentinal.

Q. 11. Would you mind giving the Court the substance of that statement.— A. I made that statement from affidavits and evidence given to me by witnesses that will appear in this case.

Q. 12. What was the substance of this statement?-A. My statement was based upon affidavits.

Q. 13. What did you actually have in that statement to the newspapers?A. It was based on the affidavit of Howard Williams that he had been taken out of Harlan County, around over to the Virginia line and told to get out of the State, or out of the County into Virginia. He reported to me at Middlesboro and made an affidavit and I quoted from the affidavit and I have other affidavits here in which men made and which I was advised to have affidavits made because of these cases involving into cases in the Federal Court, and I have only said what I can prove through witnesses.

Q. 14. Can you get a copy of this statement that you made to the paper for the Court?-A. I will get the copy of the paper.

Q. 15. Can't you tell me what was in this statement without referring to the paper?-A. Because there has been so many statements made in so many ways by so many people that I want to get the statement correct as I made it.

Q. 16. Can't you correctly state to the Court just what was the substance of that report that you gave to the newspapers?-A. I made the statement from these affidavits and from the information given by me these parties.

Mr. Golden states at this point to Mr. Smith and the Court that no written statement was given to the press.

Mr. Timko says: "No, no written statement was given to the newspapers."

Q. 17. What information did you give to the Governor, if any at all?—A. I got these affidavits made out by the witnesses that will appear in this case. COURT. What did you tell the Governor when you talked to him, if anything?

The WITNESS. These affidavits were presented to the Governor.

Q. 18. These papers quote you as saying some two hundred people have been evicted from their homes in Harlan County. Did you make any statement of that kind?-A. No. I was asked over the telephone about it and according to the reports of witnesses that had come before me there was about one hundred and fifty or two hundred people evicted according to the reports, over the County. Q. 19. Do you have the names of any people that have been evicted from their homes in Harlan County?-A. These people appeared before me and these witnesses will produce that evidence on this trial.

Q. 20. Can you give us the name of any person or persons that claim to have been evicted from their homes in Harlan Čounty?—A. Not off-hand.

Q. 21. Can you give me the name of one person? I am trying to find out if you know the name of any person that has been evicted.-A. I took information from the witnesses that will come here and testify in this field that reported to

me.

Q. 22. Who are some of these people who have been put out of their homes?A. I didn't say that they had been put out. They had house notices. The report that came to me by representatives and witnesses that appeared before me, individual members of the United Mine Workers, was that they had house notices issued on them with orders to come out, from Clover Splint Čoal Company, from Draper, Lenarue and one case at Creech's, and I think there was one or two at Wallins.

Q. 23. Who did they tell you had issued these notices, or house notices as you call them?-A. The men that came to me had these notices with them. Q. 24. Who were they signed by?-A. I don't know.

Q. 25. You saw them?-A. Yes, sir, but in making this statement, in getting this information, according to instructions by Counsel both from Washington, D. C., and from Charleston, West Virginia, and from Louisville also, was that I was to get information because these cases were coming under Federal jurisdiction. Q. 26. Under Federal jurisdiction?-A. Yes, sir.

COURT. Were these papers issued by some Court or were they issued by individuals?

The WITNESS. According to the witnesses in this case, by the Sheriff, by Deputy Sheriffs of this County, and notices served on them.

Q. 27. Whose name was signed on them?-A. I didn't look at them. I was just getting the information and evidence.

Q. 28. You have been in Kentucky only a short time, but didn't you know a notice of that kind has to be issued by the Court and serviced by the Sheriff and go through the regular procedure of the law in order to evict a person from any property? A. It has to be served by a Peace officer, and they stated notice was served on them by Peace Officers.

Q. 30. Where did they come from?-A. We will have the witnesses here. These witnesses will produce this evidence.

Q. 30. Who are some of them?—A. Mr. Bryant Barton.

Q. 31. There is a statement in the paper attributed to you, that says that evictions had actually taken place in a considerable number of cases, in about one hundred cases. Did you ever make any statement of that kind?-A. No, sir. Q. 32. Do you know of any evictions that have actually taken place?-A. No; I do not.

Q. 33. Do you know where the newspaper got the information which they base their story on to that effect?-A. The story they had was about as much wrong as they had my name wrong. There were nearly true in some instances but the statement that I made in the News Sentinal was correct and that was what was given to the other papers. I didn't solicit any publicity at all.

Q. 34. Didn't you tell a representative of the United Press that you had infor mation that some one hundred and fifty or two hundred families had been evicted from their homes?-A. I told them no evictions had been made but house notices had been served.

Q. 35. Some of the people had these notices but you didn't take the trouble to examine them, is that it?-A. Well

Q. 36. Where were you when they came to you?-A. In Middlesboro.

Q. 37. Are you holding some kind of Court proceeding there?-A. On Tuesday I began to receive telephone calls from various representatives and from people here in Harlan County, and they began to tell me of various violations and they were told to go to work. I asked them to come in if they wanted me to take their information. In the meantime, I called one of the general counsel representing the United Mine Workers of American in Washington, and talked with him and he advised me at that time if these people came in and gave me this information, they advised me to get it in affidavit form and under the Widner law and the Coal Guffey law it would come under the jurisdiction of the Federal Court. I requested these men when they came in that the information they were given me was to be put in affidavit form.

COURT. When did you get that information?

The WITNESS. It began Tuesday evening.

COURT. Of Last week?

The WITNESS. Yes, sir.

Q. 38. Didn't you know the Court was in session in Harlan County and that we also had a grand jury in session here at that time?-A. I didn't take any statements until after I had consulted with the lawyers on this case, and they said it was a Federal case.

Q. 39. Your Washington Attorney advised you this would come under the Federal jurisdiction? A. Yes, sir.

COURT. At the time you commenced to get that information didn't you know the Court was sitting here and the Grand Jury was making an investigation of various violations of the law right here in Harlan?

The WITNESS. No, I didn't know that. No, indeed. You would have received this information that I have collected last Sunday if I had not already received summons. I called my Counsel, I called then last Friday or Saturday, I am not positive which, and asked them whether or not you could be reached in Pineville and they told me that you were there and could be reached there. Bob Childers and I were to go before you at Pineville and give you the information.

COURT. Why did you lay it before the Governor and the Adjutant General before saying anything to the Court here about it or making any attempt to get in touch with me?

The WITNESS. By reason of the Counsel.

Q. 40. There is a statement in the Lexington Herold under date of September 26th, from Frankfort, with a quotation from you, to the effect that this had been layed before the Harlan County authorities and they did nothing about it?— A. What date?

Q. 41. September 26th, 1935. Did you make that statement to the newspapers?-A. I don't remember making that statement.

Q. 42. Do you know how they come to quote that if you didn't make that statement to them?-A. No. I remember him asking me over the telephone, he said that he had called down here and the officials knew nothing about it. Q. 43. Is that where they got this quotation that the Harlan County authorities would do nothing about it?-A. I didn't say that.

Q. 44. Who were you in conversation with over the telephone?-A. In conversation with the United Press. I told them the only information I could give them would be from affidavits and I made the statement to the News Sentinal, I made the same statement to the News Sentinal.

Q. 45. Did you talk to the Governor or to General Denhardt about this matter? A. I had a conversation with General Denhardt by telephone.

Q. 46. What information did you give him in that conversation over the telephone? A. Only the information that I had some affidavits.

Q. 47. This statement relating to the Harlan County authorities did you say anything like that?-A. No. Not to General Denhardt on that occasion.

48. Have you ever had a personal conversation with any of these parties, the Governor or Denhardt?-A. Sometimes in the past but not in this particular

case.

Q. 49. There is a story here about seven men, or some number near that, were supposed to have been brutally beaten up and in the hospital. Did you make a statement like that?-A. No, sir.

Q. 50. Do you have any information like that?-A. I had information they had been beaten up, but I didn't say seven men.