Chairman WALSH. Is this the first opportunity that had been offered you publicly to state your side of your story before any authorized tribunal? Lieut. LINDERFELT. Or any other place-or in the newspapers or any other place; yes, sir. Chairman WALSHI. This is the first time you have stated your side of the story in detail? Lieut. LINDERFELT. Yes, sir. Chairman WALSH. Had the civil courts and the other civil machinery in your district been suspended while you were in command? Lieut. LINDERFELT. Absolutely; yes, sir. Chairman WALSH. Can you have corroborated the statement made by you that martial law had been legally declared and that you had been ordered to enforce it? Lieut. LINDERFELT. Now, there is a question that comes up in this place. As I said before, the fundamental principles of martial course are blind, absolute, implicit obedience to orders. I was so told martial law, or understood it. I am told now by Capt. van Cise that martial law was never legally declared. My supposition was, and I never doubted it for a moment, that martial law never was legal or illegal, or anything else but martial law, existed in the southern fields from the time the troops went in there until they left there. I had no reason to dispute it. Capt. van Cise says instead of being a logical order, or an order of that kind, that it was not legally done. Well, now, I can't quibble over that, because I don't know anything about it. Chairman WALSH. Capt. van Cise and Maj. Danks are both lawyers? Chairman WALSH. And Maj. Boughton, I think, was the legal adviser of Gen. Chase. Lieut. LINDERFELT. Yes, sir. Chairman WALSH. And in your position you took no legal advice or had no facility for it? Lieut. LINDERFELT. I did not need any legal advice. My superior was in the field. Chairman WALSH. Did Maj. Boughton tell you that martial law had been declared? Lieut. LINDERFELT. Well, the only question about it was-I remember one time I asked him when this quibbling was going on about whether a paper had been read and a trumpet blown, or a doctor had been called in, or something else to make a martial law-I asked the major about it, and Maj. Boughton told me that the mere presence of the troops in the field was a declaration of martial law. He cited a lot of cases-or some; I don't say a lot, but ont case, a West Virginia case by the supreme Court, which I happen to remember. Chairman WALSH. I am asked to ask you these questions. Some, I know, have been answered, but all of the commissioners don't seem to remember them the same. You were not a mine guard, but a deputy sheriff? Lieut. LINDERFELT. I was a deputy sheriff, paid by the county of Las Animas, appointed by Sheriff Gresham, and taking my orders from Sheriff Gresham. Chairman WALSH. What was the compensation of a deputy sheriff? Lieut. LINDERFELT. I received $5 a day and expenses. I know I got my payChairman WALSH (interrupting). Whom were you paid by? Lieut. LINDERFELT. The man that paid me was Sheriff Gresham. Chairman WALSH. I have been asked to ask you about your service in Mexico. I don't understand Spanish, but Commissioner Harriman would like to have me ask you how you, a member of the National Guard, and engaged in contracting in a metalliferous mine, came to be a deputy sheriff. Lieut. LINDERFELT. I think I have shown previously that my mission in the Southern fields was to give the absolute truth to the adjutant general and the governor of this State. The governor himself told me that he could not-that one man-that the operators would come up to him and tell him that one thing was white, and the United Mine Workers' officials would come up here and swear it was black, and he couldn't determine the truth from anyone. Chairman WALSH. Before you left Cripple Creek, were you requested by anyone to go to the southern coal fields? Lieut. LINDERFELT. We were attending here, I think, at that time, either a rifle match or a school of instruction. I was held over here one day by Gen. Chase to go down into the southern fields. Then he said, "You better go on up the creek; the governor is not ready yet." In the meantime Morris Bigelow, Lieut, Bigelow, and Lieut. Al Chase were sent down there on this same matter. Chairman WALSH. Was Lieut. Al Chase the son of Gen. Chase? Lieut. LINDERFELT. No, sir; he was a nephew. They were sent down there on this same mission identically. Chairman WALSH. And you were in Cripple Creek? Lieut. LINDERFELT. In Cripple Creek; and I called up Gen. Chase several times about going down there, when at the Creek. I said, "It is about time to go now, isn't it? I would go-my affairs are all straightened up here," and I had heard that it looked like trouble down there, and I had all my stuff ready to move, and when I left I took my wife with me as far as Pueblo, and she went on to Denver, and I went on down there. Chairman WALSH. Did you consult with Gen. Chase or the governor before you went down after you came in from Cripple Creek? Lieut. LINDERFELT. No, sir; I went straight from there. Chairman WALSH. And then, if I understand it correctly, you went on instructions that you had received that later you would be asked to go down there? Lieut. LINDERFELT. I went on the instructions that the general had given me when I was here in Denver. Chairman WALSH. Did you talk to any of the coal-mine operators when you went down there? Lieut. LINDERFELT. I didn't know one from anyone else. Chairman WALSH. After you got down there, did you apply to Sheriff Gresham? Lieut. LINDERFELT. Yes; I talked to Sheriff Gresham. Chairman WALSH. Did you tell him what you were down there for? Lieut. LINDERFELT. Yes; and he phoned-I simply told him who I was and he telephoned Gen. Chase, and I suppose the general said I was all right, of course, because things-then I was ready to start out-I was ready to start out to this Ludlow business. And Gov. Ammons came down there and told Gen. Chase-I phoned Gen. Chase and Gen. Chase phoned me to wait there until Col. Lee came down in the governor's party. And I stood in the Cardenas Hotel with Gov. Ammons, a man who afterwards I knew to be Lawson, and I think McLennan and Diamond and a Mr. Weitzel and Mr. Murray, whom I knew later, but I did not know them one from another at that time. I was looking as common as I possibly could, so without attracting attention, I stood there. No one seemed to know-each, I suppose Chairman WALSH (interrupting). Where was this? Lieut. LINDERFELT. In the Cardenas Hotel at Trinidad; and one side thought that I belonged to the other side, and they did not know who I was; that is all. Chairman WALSH. When was that conversation in the Cardenas Hotel? Lieut. LINDERFELT. I don't remember the exact date, but Col. Lee could tell you. Chairman WALSH. Was it before the militia was there? Lieut. LINDERFELT. Yes, sir; before the first fight at Berwind. Chairman WALSH. Did you inform the other deputy sheriffs acting with you that you were a military officer and a member of the National Guard? Lieut. LINDERFELT. Oh, well-I guess I did. I did; any man that saw service. Chairman WALSH. NOW, Commissioner Garretson has handed me some questions, and he has translated that Mexican paper. Who was the signer of this Spanish paper? Lieut. LINDERFELT. That paper? Chairman WALSH. Yes, sir. Lieut. LINDERFELT. Gen. Garibaldi. Chairman WALSH. That was during the reign of Diaz, was it not? Lieut. LINDERFELT. No, sir; that was Madero's first revolution. Commissioner GARRETSON. Wasn't that during the Diaz régime? Lieut. LINDERFELT. Yes, sir. Chairman WALSH. And Madero's revolution was going on? Lieut. LINDERFELT. Yes, sir; the first one. Chairman WALSH. What side did you fight on? Lieut. LINDERFELT. Madero. Chairman WALSH. On the Madero side? Lieut. LINDERFELT. Yes, sir. Chairman WALSH. And what was the rank of Garibaldi? Lieut. LINDERFELT. Garibaldi was at that time graded a colonel-lieutenant colonel. Chairman WALSH. Were you paid a salary as an army officer down there? Lieut. LINDERFELT. Why, I was supposed to be paid a salary; yes, sir. Chairman WALSH. How long were you there? Lieut. LINDERFELT. I was with Madero. When I first joined Madero I think he had just gone across the river, and he had 62 or 63 men, and I joined him with 80. Chairman WALSH. What was the name of your command? Lieut. LINDERFELT. My command was the American Legion. Chairman WALSH. American Legion? Lieut. LINDERFELT. Yes. Chairman WALSH. And your promotion as detailed there was from what to what? From segundo Commissioner GARRETSON. Yes; to first captain. Lieut. LINDERFELT. Yes, sir. Chairman WALSH. What are the equivalents of those ranks in the National Militia or in the Regular Army? Lieut. LINDERFELT. You mean in Chairman WALSH (interposing). Yes; they call it first captain, and-——— Lieut. LINDERFELT (interrupting). Well, first captain is about the rank of major; and they have then a major and they have a lieutenant colonel, who commands a regiment, and a colonel is more of a brigade commander. Their organization is entirely different from ours. Chairman WALSH. Now, is there any other statement you would like to make voluntarily, Lieutenant, or is there any answer you have given that you have not had full opportunity to explain, or do you desire to amplify any answer that you have made? Lieut. LINDERFELT. Well, of course-well, I don't know as I care about going into that, either. Chairman WALSH. Was there any record kept, so far as you know, as to the actual number killed and wounded on both sides from the time the militia went into the field until the present time? Lieut. LINDERFELT. We have absolute records in the adjutant general's office of every man that has been hit in the National Guard. Chairman WALSH. Does that also include all that you were able to ascertain on the other side? Lieut. LINDERFELT. No, sir; that would not be authentic, so I don't think any record was kept of it. Chairman WALSH. Mr. J. J. Hendricks. TESTIMONY OF MR. J. J. HENDRICKS. Chairman WALSH. Please state your name. Mr. HENDRICKS. J. J. Hendricks. Chairman WALSH. And you are an attorney at law by profession, I believe? Mr. HENDRICKS. Yes. Chairman WALSH. You are a native of what State? Mr. HENDRICKS. State of Missouri. Chairman WALSH. And how long have you lived in the State of Colorado? Mr. HENDRICKS. It will be 27 years on the 16th of next month. Chairman WALSH. Were you admitted to the bar in this State? Mr. HENDRICKS. I have been, but Chairman WALSH (interrupting). But you were admitted before you came here? Mr. HENDRICKS. Admitted in Missouri; yes; at Lexington, Chairman WALSH. Practiced law all the time during the time you have lived in this State? Mr. HENDRICKS. Yes, sir. Chairman WALSH. I think you were district attorney of what district? Chairman WALSH. That includes what counties? Mr. HENDRICKS. It includes the counties of Las Animas, Huerfano, Bent, Prowers, and Baca-five counties. Chairman WALSH. Please describe briefly the duties of the district attorney. Mr. HENDRICKS. The duties of the district attorney are to prosecute criminal cases when called upon, to attend grand juries, to conduct the examination of witnesses before coroner's juries, and as the general adviser of all county officers in the five counties of the judicial district. Chairman WALSH. Let me ask you to state those counties again. Mr. HENDRICKS. Las Animas, Huerfano, Bent, Prowers, and Baca, extending clear to the Kansas line. Chairman WALSH. Do you have assistants under you? Mr. HENDRICKS. Yes, sir. Chairman WALSH. How many? Mr. HENDRICKS. I have two in Trinidad, one in Walsenburg, one in Lamar, and one in Las Animas; no one in Baca. Chairman WALSH, Are these assistants, except in the last instance, residents of the counties which you mentioned? Mr. HENDRICKS. Yes, sir; they live in the counties where they perform their duties as assistants. Chairman WALSH. Please state what steps you took to prosecute strikers or mine companies accused of violence prior to the arrival of the militia. Mr. HENDRICKS. I took all the steps I thought necessary. Whenever complaint was made and I thought the evidence was sufficient, I prosecuted the case. If I thought it was not sufficient, I did not. Chairman WALSH. Up to the time of the arrival of the militia, were all alleged acts of violence investigated and information lodged where found necessary in the ordinary course? Mr. HENDRICKS. I think they were, generally; yes, sir; up to the time of the arrival of the militia. Chairman WALSH. From your investigation in Huerfano and Las Animas Counties, what can you state as to who were the aggressors in the acts of violence? Mr. HENDRICKS. I don't believe I would be in position to state that. There were conflicting statements on both sides, as always in a lawsuit. Chairman WALSH. And there were acts of violence on both sides—claimed? Mr. HENDRICKS. Claimed acts of violence on both sides, and each side anxious to have all on the other side arrested. Chairman WALSH. What is the law briefly stated as to the authority of officials to deputize peace officers? Mr. HENDRICKS. You mean the sheriff's authority to deputize? Chairman WALSH. Yes; I guess he is the only peace officer in the county, isn't he? Mr. HENDRICKS. Well, they have constables, a lower grade of peace officer. Mr. HENDRICKS. He is the chief peace officer of the county. The sheriff has authority to appoint deputies. First, he has authority to appoint an undersheriff, who really acts as sheriff. Then he has authority, by and with the consent, as I understand, of the board of county commissioners, to appoint a limited number of deputies for the purpose of performing the duties of the sheriff, such as serving papers, and so forth. He also has power to call out a posse comitatus; and they have been exercising the authority of appointing large numbers of deputy sheriffs whenever an industrial trouble arises. Chairman WALSH. Then, in other words, he has the general powers of sheriffs everywhere else? Mr. HENDRICKS. I think he does. Chairman WALSH. He can call out a posse comitatus at his own command, of citizens, in case of trouble? Mr. HENDRICKS. Yes, sir; and it is made a crime by citizens to refuse to join a posse comitatus when requested by the sheriff? Chairman WALSH. Has a posse comitatus ever been called out in your county or in Huerfano County? Mr. HENDRICKS. Not that I ever heard of. Chairman WALSH. NOW, what are the facts, as you know them, as to the deputy sheriffs, mine guards, or detectives, as deputy sheriffs in any of those counties? Mr. HENDRICKS. I only know in a general way, Mr. Walsh, that there were a large number of them deputized by an examination of the records as testified to by Mr. Farr. I think there were about three or four hundred, and about that many or more in Las Animas. Chairman WALSH. His county is Huerfano? Mr. HENDRICKS. Yes, sir. Chairman WALSH. And there was a like number or a greater number Mr. HENDRICKS. A greater number in our county. I think--Las Animas. Chairman WALSH. And did you observe it as it was going on-the appearance of the men? Mr. HENDRICKS. Well, I would see those men that had been appointed deputies; yes, sir. Chairman WALSH. Did they carry arms visibly? Mr. HENDRICKS. No; not show them; generally had a belt around them with a six-shooter in it, and a belt of cartridges. Chairman WALSH. Did you ever raise any question as to the character of the men or source of supply? Mr. HENDRICKS. No, sir; I considered that beyond my jurisdiction; outside of my duties. Chairman WALSH. What was your first experience with the military authorities and conduct of their office? Mr. HENDRICKS. The first experience I had with the military authorities was on the day that they marched to the Ludlow tent colony. I had never met any of the gentlemen at all. I didn't know Gen. Chase. He was pointed out to me, and I made myself known to Gen. Chase. We had had lots of trouble and turmoil down there, and I assumed he was coming down there with his army for the purpose of assisting us in some manner; and after having made myself known to the general I told him I would like to see him some time at my office and go over the situation with him. He said that he would see me some time before he left the district. That is all he ever said to me at that time. And the next time I had anything to do with Gen. Chase was when he threatened to arrest me and my office force for doing what he said was a violation of his military orders, of which we had received no orders. I can explain that if you desire it explained. Chairman WALSH. I wish you would, please. What was the alleged viola tion? Mr. HENDRICKS. Four Mexicans had committed an assault on a young man by the name of Smith, I believe, at the McLaughlin mine. Mr. McLaughlin was a brother-in-law of Gov. Ammons and a man who frequently came into our office while these troubles were going on and seemed to be friendly to the office. A criminal complaint was issued by our office. I think one of my deputies wrote it up and lodged it with the justice of the peace, Bowers, and a warrant was issued for the arrest of these people. It seems as though at that time the sheriff could not be found to serve these papers, and Mr. McLaughlin had the military arrest these four defendants and bring them into town, and they were put in jail. Afterwards they were brought down before the justice of the peace and arraigned. They were brought down by the civil authorities, being in the county jail they were brought down by the sheriff or some of his officers. We appeared at this preliminary examination before the justice of the peace for the purpose of having the case set for trial, and a bond was fixed in the sum of $500 for each of these defendants over our protest, because we thought a bond of that character was too small for an offense of that kind; but the justice prevailed in the case and fixed the bonds at $500 each. The bond was given by these defendants and accepted and approved by the justice of the peace, and they were allowed to go on this bond until the day of trial. Of course, you gentlemen that understand criminal procedure will understand exactly what I mean when I say this. Gen. Chase heard of this it seems, immediately, and it made him very angry, and he proceeded to send out and to have these same men that had given the bond before the justice rearrested and thrown in jail; and that is when he called up my son, who is one of my deputies, at my house-my residence, my home-and cursed and damned him awhile. Chairman WALSH. Over the telephone? Mr. HENDRICKS. Yes, sir; and said he was a great mind to throw the whole damn bunch in jail, and did start two details of officers to my house for the purpose of arresting my son and Mr. Ralston. Fortunately I was not at home at that time. I was down in the east end of the district; but it seems as though some of his officers knew Mr. Ralston in the Spanish-American War. I can give you the names if you want them. They prevailed on Gen. Chase not to send that detail over there and arrest these people, so they were not arrested at that time. A day or two after that Gen. Chase came into my office when I was present with one or two of his officers, and I think some privates. He came in very angry and in a rude manner and stormed around and stated that the reason he did not arrest us on that occasion was because my son had apologized over the phone. I turned to the boy-he was sitting there-and asked him if he had apologized, and he said he had not, nor he didn't propose to. That seemed to make Gen. Chase pretty angry, and he got up and left the |