G. Ingraham, John H. Ketchum, James McDonald, Ernest E. Tuck, Fred H. Zimmerman, 10."

Rev. JAMES MCDONALD. I will say, gentlemen, that when this trouble started, the fact that I had the fortitude to come forward here and also before the congressional committee and others and tell the conditions down there has caused all kinds of threats to be made against me.

Chairman WALSH. Just sketch the threats made against you, if you will, please?

Rev. JAMES MCDONALD. During the Ludlow trouble, Lieut. Benedict, a lieutenant under Maj. Hamrock, sent word that one of the first ones he would get when he came in was the minister, and his nest was to be burned.

Chairman WALSH. Were there any other threats?

Rev. JAMES MCDONALD. Yes; too numerous to mention. I think I will make that answer the whole thing.

Chairman WALSH. That is all, Mr. McDonald; you will be excused.

TESTIMONY OF MR. JOHN MCQUARRIE.

Commissioner GARRETSON. State your name, please.

Mr. MCQUARRIE. John McQuarrie.

Commissioner GARRETSON. What is your residence?

Mr. MCQUARRIE. Trinidad, Colo.

Commissioner GARRETSON. What is your occupation?

Mr. MCQUARREL. For the last three years special agent for the Colorado & Southern Railway.

Commissioner GARRETSON. Were you former under sheriff of Huerfano County, Colo.?

Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. How long did you serve in that capacity?

Mr. MCQUARRIE. From April, 1902, to April, 1909.

Commissioner GARRETSON. What was the attitude of the sheriff's office to the Colorado Fuel & Iron Co. and other companies?

Mr. MCQUARRIE. The sheriff's office and the Colorado Fuel & Iron Co. worked in conjunction, or with that company, in anything they wished politically or in any other way.

Commissioner GARRETSON. A friendliness then was shown between them by cooperation along the various lines of activity?

Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. Both politically and industrially?

Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. What was the method of selecting coroner's juries when accidents occurred at their mines?

Mr. MCQUARRIE. When an accident occurred in a mine, the coroner was generally notified by the superintendent of the mine; the coroner then notified the sheriff's office and the sheriff then sent a deputy with the coroner to serve the summonses and subpœnas that were issued by the coroner.

Commissioner GARRETSON. What instructions were given to the deputy in that instance, in those instances?

Mr. MCQUARRIE. The instructions were to serve the papers. The coroner would then consult with the superintendent of the mine and select a jury and fill out the summonses for the jury and give it to the deputy to serve, and the deputy would serve it and also select the one who would serve the subpoena and make his return on the subpoena. The juries were always selected by the coroner and the superintendent of the mines as a rule.

Commissioner GARRETSON. The injured man, if not killed, or his family if he was killed, were never consulted?

Mr. MCQUARRIE. No; and the verdict was always that he came to his death by his own carelessness, as a rule.

Commissioner GARRETSON. It was seldom varied from?

Mr. MCQUARRIE. It seldom varied.

Commissioner GARRETSON. There were instances where the company was held responsible, were there not?

Mr. MCQUARRIE. I don't remember of any.

Commissioner GARRETSON. Were the same individuals often used on coroner's juries in the same mines?

Mr. MCQUARRIE. In Huerfano County, no, sir. In Huerfano County the jury was selected from the mines-the different mines where the accident happened.

Commissioner GARRETSON. What I mean is, were the same individuals used in different cases?

Mr. MCQUARRIE. No; not in Huerfano County; but that has been done, I believe, in Las Animas County.

Commissioner GARRETSON. What was the policy of the sheriff's office toward labor agitators or organizers who visit the colony?

Mr. MCQUARRIE. Well, the labor agitators and labor organizers were kept out of the district, not allowed to come into the district, and kept out of the district, as much as possible, by the sheriff's office.

Commissioner GARRETSON. By the "district" you mean the mining district? Mr. MCQUARRIE. Huerfano County, the mining district.

Commissioner GARRETSON. Will you describe the arrest of John R. Lawson in 1906 or 1907?

Mr. MCQUARRIE. Mr. Lawson was arrested by Sylvester Martine and one Magina, special officers of the town of Walsenburg. I was not present at the arrest; in fact, I was out of Walsenburg that night; but when I returned to Walsenburg that day I found Lawson in jail; he had been arrested the night before.

Commissioner GARRETSON. On what charge?

Mr. MCQUARRIE. On the charge of carrying concealed weapons.
Commissioner GARRETSON. Was he convicted?

Mr. MCQUARRIE. He was convicted; he had had his trial, and when I came back had been convicted, fined, and sentenced to jail.

Commissioner GARRETSON. For what period?

Mr. MCQUARRIE. Thirty days, I believe.

Commissioner GARRETSON. Did Sheriff Farr ever ask you to get Lawson? Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. Under what circumstances?

Mr. MCQUARRIE. He wanted to get him. He wanted me to frame up and get him-slip a gun in his pocket and get him.

Commissioner GARRETSON. In other words, he asked you to frame it up? Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. Why did you resign as undersheriff?

Mr. MCQUARRIE. I had a racket with Mr. Farr, and I had been trying to get away for some time. I had a racket with Mr. Farr over the escape of a prisoner who had escaped from jail. He and I had a racket over it, and he told me he did not have any confidence in me and hadn't had for a long while and that we had better sever our connections. I went out, say, on the first of 1909, and his brother was going to take my place, and he was then game warden of the State, and so I remained with Jeff until April, so he would not have to break in two new men.

Commissioner GARRETSON. What was your next employment?

Mr. MCQUARRIE. My next employment was with the Independent Coal & Coke Co., at Kenilworth, Utah.

Commissioner GARRETSON. Why did you quit that employment?

Mr. MCQUARRIE. On account of a disagreement with the secretary-treasurer of the company. He made a disparaging remark in regard to one of my relatives, and he and I mixed.

Commissioner GARRETSON. Your usefulness was gone after that?

Mr. MCQUARRIE. Yes, sir.

Commissioner GARRETSON. What followed this in the way of your employ

ment?

Mr. MCQUARRIE. I took a position as captain of the guards for the Pinkertons at Lead, S. Dak., during the Homestake strike.

Commissioner GARRETSON. How long were you there?

Mr. MCQUARRIE. Eight months, guarding property for the Homestake.
Commissioner GARRETSON. Why did you quit that employment?

Mr. MCQUARRIE. On account of the Homestake people dispensing with the services of the guards and everything had quieted down.

Commissioner GARRETSON. Peace had been restored there?

Mr. MCQUARRIE. Yes; peace had been restored.

Commissioner GARRETSON. What was the character of the men sworn in as deputy sheriffs to guard the mine here before and after the strike?

Mr. MCQUARRIE. In Huerfano County?

Commissioner GARRETSON. Yes, sir.

Mr. MCQUARRIE. In Huerfano County, during this strike I have not been up there but very little. In Las Animas County the men were gathered up from all over the country-everywhere, all classes of men.

38819-S. Doc. 415. 64-1-vol 7-50

Commissioner GARRETSON. Regardless of citizenship?

Mr. MCQUARRIE. Yes; regardless of citizenship. In fact, there were 45 men in one bunch shipped from El Paso, Tex., by a man by the name of Webster, and who were commissioned deputy sheriffs after their arrival here.

Commissioner GARRETSON. Without any qualification shown as to their character or citizenship?

Mr. MCQUARRIE. None whatever.

Commissioner GARRETSON. Were they examined as to their ability with fire

arms?

Mr. MCQUARRIE. I was not present, but that was one of the requirements, that they should be handy men with a gun.

Commissioner GARRETSON. You understood that was necessary anyhow? Mr. MCQUARRIE. Yes, sir; it has always been understood in those cases of hiring men for that strike at that time.

Commissioner GARRETSON. What do you know regarding Robert Lee, the mine guard, who was killed by a striker?

Mr. MCQUARRIE. I knew Mr. Lee for 30 years. I was not present at the investigation of his killing. Mr. Hendricks can give you the full details of that. Commissioner GARRETSON. What do you know of the type of man that he

was?

Mr. MCQUARRIE. Bob was a brute.

Commissioner GARRETSON. How is that?

Mr. MCQUARRIE. Bob was a brutal man, very brutal.
Commissioner WEINSTOCK. Who was Bob?

Mr. MCQUARRIE. Bob Lee. He had been in various troubles, serious trouble, previous to this. In fact, a short time, about a year before he was killed, Sheriff Gresham had started a campaign against the saloon keepers to make those people comply with the Sunday-closing law. Robert Lee was the deputy sheriff at Segundo. On one Sunday he proceeded to get drunk and went to Frederic Valdez and insisted on going into a saloon owned and operated by an Italian. The family lived in the rear and the saloon was in the front. He went into the rear, into the living portion, and compelled the woman-the man was away at the time-to open the saloon and let him go in there and help himself and friends to drinks, which he did. Along toward evening he stepped out to the rear of the house-as he went around the house-in the meantime he had insulted the daughter of the house. As he went around the house he was struck on his head by an iron object-a mining drill, it afterwards de veloped--and rendered unconscious; was brought to the hospital at Pueblo. laid there at the point of death for a long while. After he recovered he came back. I had a talk with him and he promised he would leave liquor alone and would not pull off any more of those stunts. That is only one of a number of things he had done while he was marshal at Segundo. That had put the people down on him to such an extent that his killing was not a surprise to any of his friends.

Now, Earl Tucker, that is now at present special agent of the C. & S. in my place, told me no later than last Friday many of the inside stories of a like character. He said it was no surprise to him whatever that Mr. Lee had been killed as he was.

Commissioner GARRETSON. Temperamentally he was not thoroughly fitted as a peace officer?

Mr. MCQUARRIE. No, sir; he was not.

Commissioner GARRETSON. What had been his attitude toward miners and their wives and families?

Mr. MCQUARRIE. He had never hesitated to beat one up, knock them in the head, abuse them, and use them for his own conveniences.

Chairman WALSH. That is all, thank you, unless you have something to volunteer or explain or amplify your testimony as given. Is there anything else that you desire?

Mr. MCQUARRIE. I could sit here and talk probably until 6 o'clock, but I do not know but that it has already been put in before.

Chairman WALSH. A great deal has been put in before.

Mr. MCQUARRIE. It would be simply repetition.

Chairman WALSH. We are trying to confine to the points that might be said

to be points of dispute, the larger points.

Mr. MCQUARRIE. I would gladly answer any question you would ask.
Chairman WALSH. I have no further questions to ask.

Mr. MCQUARRIE. I would like to volunteer this much. Sitting here this morning I heard Mr. Weitzel read a letter purporting to come from Mike Livoda, where he desired to sell out to the coal company. I happened to know something in regard to that.

Chairman WALSH. Just state whatever you know in regard to the letter. Mr. MCQUARRIE. Mr. Lawson got wind that there was a letter of that kind being circulated, and he asked me if I could secure a copy of the letter. I got a copy of the letter through one of the detectives employed by the coal company. I also got the truth in regard to the matter. This was in 1913, previous in 1912, previous to the strike. They were trying to discredit Livoda among his nationality, the Slavish and Slavic people, and this letter was written, framed up by W. H. Reno, detective employed by the Colorado Fuel & Iron Co., and a photographic copy made and given to each one of the camp marshals so that they could circulate them among these people and discredit Livoda and prevent him from organizing the people. As soon as the company found out that Mr. Lawson had a copy of that letter, knew the origin of it, everything was quashed and everything-all these copies were taken away from the deputies.

Chairman WALSH. That is all, thank you. You may be excused.

Mr. Patterson is the next witness.

TESTIMONY OF MR. JOSEPH H. PATTERSON.

Chairman WALSH. Take the chair, please, Mr. Patterson. Mr. Ballard will examine.

Commissioner BALLARD. What is your name?

Mr. PATTERSON. Joseph H. Patterson.

Commissioner BALLARD. Give me your address also.

Mr. PATTERSON. Walsenburg, Colo.

Commissioner BALLARD. Will you tell your experience as a mine official in the southern Colorado field.

Mr. PATTERSON. Why, I took charge of the Toltec mine, I think, in the fall of 1896. I came from Fremont County at that time, where I was in charge of the Fremont mine.

Commissioner BALLARD. What were the general conditions in the mine?

Mr. PATTERSON. The general conditions at Toltec mine at that time didn't amount to much. It was a small vein that we opened from the top vein to the bottom vein. We had only, I think at that time, something like 8 or 10 men working, so that I was not very familiar with the working conditions in southern Colorado at that time.

Commissioner BALLARD. Did the men have the right of free speech?

Mr. PATTERSON. So far as I knew at that time.

Commissioner BALLARD. Well, was that right subsequently denied?

Mr. PATTERSON. What is that?

Commissioner BALLARD. Was that right of free speech denied at that time? Mr. PATTERSON. As far as I knew, they had it while I was in Huerfano County, where I was in charge of that mine.

Commissioner BALLARD. They have the right of free assembly and all of that? Mr. PATTERSON. As far as I was concerned.

Commissioner BALLARD. Before you came to this mine, how long had you been a miner?

Mr. PATTERSON. I was raised in the coal mines, you might say.
Commissioner BALLARD. Where?

Mr. PATTERSON. In Scotland.

Commissioner BALLARD. How long have you been in this country?

Mr. PATTERSON. I have been in this country-I came to this country in 1869. Commissioner BALLARD. When did you come to Colorado?

Mr. PATTERSON. I will have lived in Colorado 35 years to-morrow.

Commissioner BALLARD. Thirty-five?

Mr. PATTERSON. Yes.

Commissioner BALLARD. Well, what is the political condition generally in the coal mines? Have the officers in Huerfano County been men of high moral standing and of sufficient ability to discharge their duties impartially? Mr. PATTERSON. In my opinion, they have not.

Commissioner BALLARD. Why not?

Mr. PATTERSON. Because they have not been able to carry out the provisions of the law.

Commissioner BALLARD. Well, tell us about the activities of the sheriff's office in controlling juries in criminal cases. Has that been the trouble?

Mr. PATTERSON. Yes, sir.

Commissioner BALLARD. Would you mind telling us about it?

Mr. PATTERSON. The law provides that the coroner shall call his own juries, but my experience in Huerfano County has been the sheriff's office has been naming the juries.

Commissioner BALLARD, Well, in criminal cases. In other than criminal cases the sheriff's office controlled the juries?

Mr. PATTERSON. Yes, sir; absolutely.

Commissioner BALLARD. In what way did they control them? Why did they control them?

Mr. PATTERSON. Because he had quite a number of Mexican people down there that he could handle, and he had the naming of all the jurors. If there was a special venire called, he went out amongst his friends and seen that they were the people that represented the juries if he was interested in the case. Commissioner BALLARD. What was the motive of all this? Why did he do it? Mr. PATTERSON. That is so they would be friends of his politically. That is the way I look at it.

Commissioner BALLARD. Well, were there many actions for damages on record?
Mr. PATTERSON. I have here a list. Shall I just read it off?
Mr. BALLARD. Yes.

Mr. PATTERSON. This is a list of actions for damages since the year 1891:
The first case, No. 452, tried October terin, 1891, John Daut, plaintiff, v. The
Colorado Fuel & Iron Co., defendants. That was tried by jury October 12, 1891.
Verdict for defendants.

Case 508, filed October term, 1891, action for damages; John J. Weston, plaintiff, v. The Colorado Fuel & Iron Co., defendants; trial by jury, February 18, 1892. Verdict for defendants.

Case No. 559, filed October 4, 1892, action for damages; Margaret Renick, plaintiff, r. The Colorado Fuel & Iron Co., defendants; later retired from the docket.

It might be well to state here that in the district court, where I am deputy clerk now, there has been no index kept until we took charge in February, 1913. So that it was pretty hard to get at these cases.

Case 802, filed October term, 1895, action for damages; Sarah Gideon, plaintiff, r. The Colorado Fuel & Iron Co., defendants; settled by stipulation October 6, 1895.

Case No. 951, filed February 18, 1907, action for damages; Anna Springs, plaintiff r. The Colorado Fuel & Iron Co., defendants; retired from docket February 11, 1908.

Case 1283, filed October term, 1911, action for damages; Robert Templeman, plaintiff, v. George Fruth and James Authrey Coal Co.; set for hearing October 4, 1911; motion by defendants for cost bond sustained; motion of plaintiff to prosecute as a poor person denied; case was afterwards retired from the docket. These were all the cases of damage actions in Huerfano County against any company, as far as I can find, for the last 23 years.

Commissioner BALLARD. In no case was damages awarded against the com

pany?

Mr. PATTERSON. No, sir.

Commissioner BALLARD. Is the democratic form of government maintained in that section?

Mr. PATTERSON. Well, to answer that question, there is no form of government in Huerfano County. They call it the Kingdom of Farr. It has been declared by the majority of people down there to be not a part of Colorado; but they call it the Kingdom of Farr, through the influence of Colorado Fuel & Iron Co.; we don't recognize it as part of the United States.

Chairman WALSH. They don't what?

Mr. PATTERSON. They don't recognize it as part of the United States. Commissioner BALLARD. Then the methods used to control politically do not meet the approval of the community?

Mr. PATTERSON. I think not, sir.

Commissioner BALLARD. Well, would you state briefly your experience with the Baldwin-Felts people who came to the district previous to the strike?

Mr. PATTERSON. I think the first thing I remember about that Baldwin-Felts was along about the 1st of September. I think it was the 3d. I noticed a great