xt70zp3vt865_167 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 18601954 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Carter, J.H. v. Dwale Coal Company [Part I] text Carter, J.H. v. Dwale Coal Company [Part I] 2016 1919 1917-1919 section false xt70zp3vt865_167 xt70zp3vt865 l ,1 ‘ ’I' ”1.,/‘_..”r V/ ‘.« *’ I - ' i“.
',‘ . ‘ :‘4 4 . .'. ‘ a; t. .- ~2. . '..-.;; ':‘ ’ '
" 1 »» ’ ' } .
‘ ' mm CIRCUIT comm 9 “
‘ ‘ \
‘ J. H. CARTE‘L. I a o n o o I a o o o o a I . .LAINTI‘F‘F,
VS- /// 1 N 1: E x 1*, (
DWALE COAL COMPANY. . . . . . . . . . . . . €§fENDANT. ‘
. J i
Appearance & Jury, ] \
J.H.Cm¢u,. 2
G. C. Conley, ‘Qmfififi .
A. 0. Carter, 292.
J. 13. Mayo, 555%
H. H. Fitzpatrick, 335
Charlie George, f585
Motion to instruct, y// 591 -
J. L. Vaughan. ‘ 392
‘ Janos Stephens, 625
Dick JoGuire, ' 661
J. L. Vaughan, recalled, 676
S. C. Snead (Deposition) 677
R. M. Tudor, " 723 ,,g
J L. Vaughan. Recalled, 733 i g
, H. o. stephens, 742 :1“
P. w. Fortune, 747 '«g
:‘ Jo M. Davidson, 748 W
, ,5 P. W: Fortune, Recallld,v_, 753 -
f ',‘ - L. A. Hooper, (Deposition: 793 -
, E; S. L. Matz, " 795
" ‘ " E. T. Tyree, " 799
* A. J. Hearn. " 800
'.. M. B. Postlethwaite, ", 802
9‘ Miss Lava L. Lawson, " 804
. ‘ - w. R. Aeesee, ” 808 ..‘
1:51,} Lo G0 H0118fld, A” 810
3% Certificate qua tioned 812
'g _ D. B. May, , 815
y, g 3 Dick MfiGuire, Recalled, 817 - "
, , A REBUMAL; . /
j Jjfiwfa'.~ J. H. Carter, / 820
_.Ejygfijfl'fix; Cal Clarke, 865 '
p33,;34,e,-,* Motion to netruot 866
JP_; 7 , ” Certifice 2. 867 _
£739 . f I; . -‘ , " . ‘
.Hfifizfi-v”W -- , "’ i “‘ ' » ‘
. “flag/.;; . , ,. . (5%” g t ‘ H _.
Mm”; . ' , . ,
,- ‘;::__r;(j‘,.,,:j . g 2 //
L§;1E§$§§figggggpygfwa-a. ;.Hrm‘ , -

 $14 .
f morn omeum comm
‘ "‘1'
J. H. CARTER, . . . . . . . . . . . . . PLAINTIFF.
vs. /// BILL or simmers.
DWALE COAL COMPANY. . . . . . . . . . . WENDANT.
’ BE IT REAEMBERLQD: That on the calling
of this case for trial in the Floyd Circuit court
on October 7th, 1919, before the Honorable a. T. ,
Patrick, Judge 3181; Judicial District of Kentucky.
presiding. and 3 Jury, came Plaintiff by Counsel and ‘
announced ready for trial. ‘ Thereupon. came _
Defendant by Counsel and announced roady‘dor trial.
whereupon, came the following Jury. to-wit’: .
I Ed Ford,
00 Go Hagar,
L. B. Shepherd,
L. B. Holbrook, _
. w. J. Vaughan.
. Bud Ratliff,
‘ P. M. Dingus. '
, ' Will Jorritt,
; Galoway Hinton, "
é Henry Harmon. ‘
,.\ Alex Stephens, and . ‘
‘ ' Greene Slone,
‘ who were duly selected. onwanaled and sworn according l
‘ é to law, and thereupon came Plaintiff. by Counsel. and
stated to the Jury the nature of his case. and to -

 H
L :I
f
f
‘ r
sustain the issues upon his part, introduced witnesses
who after having been first duly sworn, tesiifiod
' as follows: ' I
‘ The Plaintiff, J. H. OQJE‘TER, having been
first duly sworn, doposos and says:
' ELMO? ifimuJATION BY .43. lbs};-
w" Your naoe is J. a. Garter?
A- Yes, sir.
~ H— Wharo do you live, Ar. Garter? .
A- I have been living here since I left
Dwale, except when I was in Huntington.
u- Where did you live prior to the time you
. went to DWale, Aentuoky? { I
A- Bluoiield, West Virginia.
f u- What is your ago..flu Carter?
: A~ kitty-one. ‘
E. W” What is your present business - what
; ore you engaged in at this time? ‘
Q A- The lumber business - sawmilling.
: g- ror who: . ' ’
; &- Pike-Lloyd 0001 Company.
t. ' 2.;- 2.1; what place?
(g; ‘ A: Betsy Layne.
; Q- Do you know John Vaughan?
E ‘ A«- Yes. sir. I know him when 1 use him.
f: , 64,- Were you aoqudinted with him prior‘to tho
pi ‘: ’
, ‘ 2‘ , g . I

 MIS-PAGINATION

 V: II’

t l
sustain the issues upon his part. introduced witnesses
wno after having been first duly sworn, testified

‘ as follows:
The Plaintiff. J. u. uni-1'33. having been
first duly sworn. deposes and says;
D1350? EKAHIHATIUH BX mm. gag;-
' o- Your naao is J. u. Garter?
A~ Yes, sir.
u- there do sou live..&u Carter?
nr 1 have been living here since 1 left
Dwale. except when I was in Buntington.
u- Where did you live prior to the time you
wont to BWalo, Aontucky?
' A“ Blueiield, West Virginia.
o- What is your age, Ar. Carter?
. a~ Fifty-one.
A h- What is your preaont business ~ what
‘ are you engaged in at this time?
Y ‘ Ar The lumber business ~ aawmilling.
, u- For who:
; A— Pike-Eloyd GOal Company.
.; Q- At what place?
“g? A- Betsy Layne.
o- Do you know John Vaughan?
‘ Ar Yes, sir, I know him when 1 see him.
5“ &- Were you acquainted with him prior to the
I 3 - - ,

 V7. 4.
time you came to DWale from Bluefield, Test Virginia?
A- Yes. sir.
‘ 71- Do you know something about the organization
of the Dwale Coal Company, the defendant in this case?
A- Yes, sir.
Q- no you know where it was organized?
A- , It was organized — everything there was,
me and him got together, and he was going to put up
the money and I W88 to buy Two Thousand Dollars worth
. of stock. There was no minutes or nothing like that
ever held.
Q- When did you first come to Dwele?
A- May 22nd.
Q- What year?
A- 1917. Hey the alet or second, I am not
positive. ‘
a- What did you come there for?
A- To Open up that mine.
Q- ‘ Was that your first trip to Dwale?
A~ No. air.
3- Had you been there before?
, A- Yes, 811:.
I Q— How often?
\ A- Once before.
Q— Who was with you when you came there
‘ before the trip of the 213t or 28nd of May?
I a

 t

u I
Q- Had the Dwale Coal Company, before you
came to Dwale, secured a lease on some coal lands?

A A- No, air.
Q- Did they afterwards secure it?
A- I did.
Q— From whom did you secure the lease?
A- Mr. John G. Johns. ‘ '
Q- For whim?
A- DWale Coal Conpany. I dont know
. whether it was the Dwale Coal Company or the Vaughan
l Construction Company. It was first in that
name and then transferred to the Dwale Coal
Company. I think.
Q- At the time when you came to Dwale on
the 2lat or 22nd of May, 1917, had the Dwale Coal
Company bought any real estate there? '
A- No, air.
a- Who bought their preperty there,.1r. Carter?
A- 1 did.
;- How long after you came to Dwale. about I
how long Was it until you bought the first property?
A- I come there in may - I think it was
November or December, I am not positive which.
'Q~ Ivnnwhom did you buy the first property
you bought?
A- I dieremember whether it was ur. Peters
4

 u l
or 1r. Stephens. I believe it was ur. Stephens.
though. I am not positive.
Q— What properties did the Dwale Coal
Company buy there in fee simple?
A- Bought the Jim Stephens; C. H. Petere'

_ house and two lots, and iron Charlie George a
house and lot, and the Jim Stephens, there must '
have yeen an acre or more of ground of his.

Q~ Nothing on the lot, you mean?
A- Yes. sir.
Q— Did you buy the Jean Begley property?
A- .Yes, sir. ,
e- Where was it located?
A- The store is on that; right in front
of the Stephens property.
Q- Is there a street or road running through
Dwale toward the river?
A- Yes, air. the main public road rung
between the Stepehens and the Begley property,
and from the railroad to the river. '
%‘ The Begley property above it up the
' river and the Stephens property below?
A- Yes, sir.
;- Do you know what price, Ir. Carter, was
paid for these different properties?
A- Three whoueand Dollars paid for the
5

 u. H
Begley property; $600. for the Peters property
and Three, I think, for the Charlie George.
Q- Do you mean to say that Was all the
price, or the advance payments?
A- That was all the price - the purchase
price.
Q- And the Jack Begley preperty?
A- It was Eight Thousand.
Q— What did the DWale Coal Company do
there toward the installation of a mining plant?
A- Well, they put in one or two Openings;
worked from two Openings; 1327 feet of tremroed
built and 5150 feet to the ohher one.
_ Q- Any railroad eidinge?
A- Yes. sir. 1900 feet of main line siding
and 1300 feet, I think, of other side track; three
switches and a tipple.
Q- How many houses, miners houses did they
\ ‘ build? '
1 A- Six 1 think it wee.
‘ Q- Did they build a tipple?
L, A- Yes. air, and a Shop — a blacksmith shop.
, e- When did they commence this work?
A- The ~bought three other houses.
‘ ' Q- Bought three other houses? .‘
6 i

 V M"
A- Yes. Just the houses, off of Mr. Johns;
ythe tenant house known as the Milt Nelson house.
the Jeff Prater house and the Will Nelson house.
‘ ' Q- Those were houses already built on the .
‘ Johns land?
A- Yes. sir. that was under lease, yes, sir.
;- When did the Dwele Coal Company. under
your supervision, commence opening these mines?
A- Commenced the day I got off there.
Q- Did they shortly after that inStall
a oommissary there on the work in the store of
the Begley property?
' A- I think that was installed in either

June or July. I dont remember which; July. though,
I think. ‘

I Q; At the time when you went there. Ar. Carter,
where did you first live, or stay?
A- I boarded at Harry Johns'.
Q- How long did you baard at Harry Johns'?

L A- Until some time in the first of July.
21- Did you have your family with you?

I A- my wife was with me, yes, sir.

, 4- Your wire?

‘ A- Yes. air.

7
w , ., _ ,

 E M
Q- Did you have any children that lived
with you there?
A- No. sir. .
Q— When you lift 1r. Johne' where did you
30?
Ben
A- I went to the its Porter property.
Q- It has been stated here you lived in the
James Stephens house, did you ever live in it?
A- Yes, sir.
Q- How long?
A— I supPOBe about two months, or something
like that. I dont know now; lets see when I moved
out of there - I moved in in November and moved
out in January.
‘ t- V How long did you live in the Ben ?orter
property?
A- From July untih last November.
d- Then, do you mean to say you stayed in
the Ben Porter house and the James Stephens
. house and at Mr. Johns'?
A- Yes, sir.
Q- Up until the middle of the winter of
1918? -
A- In January. I think. the 27th; I am not
1 sure about the date.
. 8 I

 V M
Q- Where did you hove to then?
A- I moved in the Jean Begley property.
i Q— How long did you occupy the Jack Begley
property?
A- Until October 11th or 12th.
Q- October 11th or 12th?
A- Yes, sir. .
Q- During the time you occupied the Jack
Begley property, who lived with you?
A- No one.
- Q- Who employed you to represent the DWale
~ Coal Company?
A- fir. Vaughan.
Q— Mr. John Vaughan?
A- Yes, sir.
' Q— Be is right here, is he?
A- Yes, sir.
Q- What was the agreement with respect to
what salary you was to have, and what, if any,
additonal salary?
A- I was to have my house, garden, coal
and $150.00 a month.
. \ Q~ Do you mean to say you was to have your
house rent free?
A- Yes, sir, he said that. I asked him
- 9

 i 2‘
, if he Was going to charge me house rent and he
Isaid no, I wouldnt think 01’ it.
Q- What connection did he have with the
Dwale Coal Company?
A- President.
Q- Is he still President of it, so far as
you know?
A- So far as I know he is.
g- While you were working there, Mr. Carter,
did you work for the DWale Coal Company all the
time you were there?
A- Yes, sir.
Q— Was there ever any change in the amount
. of your salary?
A- No, sir.
Q- From $150. per month?
A- No. sir.
Q- How many months all told did you work for
the Dwale Coal Company?
A- I worked from May 213: or 22nd. I forget
which, that is the day I got there, until October _
10th, I reckon it was.
Q— What year?

' A- 1918. ,
Q- During that time did you have charge of ‘
and supervision or their mine plant there?

10 '

 V V.
A~ Yes, sir.
Q- Did you also have charge of the commiSeary?
A— The store man had that. I didnt have
anything to do with it; the store man did all
i the buying.
Q- Did you have a store man there?
A- . You, air.
a- Who was he?
A— A. 3. Carter.
Q- ~ A. C. Certer?
A- Yes, sir. ’
a- He was your eon?
A- You, eir.
Q- That is hin here? ‘
A— Yes, sir.
Q— Did you have any bookkeeper there?
A- Yes, sir.
Q- If you had more than one bookkeeper,
tell who they were?
- A— C. G. Conley was the first one - G. C.
Conley.
Q- That is the boy they call Chick Conley?
A- Yes, sir.
Q- Who was the next one?
A- Dick Mayo.
11

 if Q
Q- He is the young man who is working for
the Colonial Coal and Coke Company now?
A— Yes, sir, and Dick resigned and Chick
. was in the army. and Jr. Vaughan advised me if
I possibly could to get him back.
~ Q- Chick Conley?

A- Yes. sir, and I went and put myself to
a whole lot of trouble, and finally succeeded in
getting him out of camp and brought him back here,
and he was there the day I quit.
Q— During the time you were working for the
Dwale Coal Company. did you do some work for the
DuPont Powder Company?
n- Yea, air.
q- Where was that work?
A- At the mouth of the Allen Branch - The
Tom Allen Branch, above Beaver.
Q- What was the nature of that work?
A- Building a road from the county road to
the magazine. -

‘ q- Did you build the nagazine also?

; A- no. air. I hauled the material for it.

i Q- Just the road?

‘ Ae For all of them - there Was three of
7 them. .
f , 12 .

 i i
Q- Did you take a contract upon that job,
hr. Garter. yourself. individually?
A- Yes, air. .
a- If you did the work, tell the Jury the
way in which you did it, and now you did it. and
all about it?

. A- I hired teams and labor separate from
the coal company. gentlemen, and guilt it, and
afterwards - I kept an accurate account of it.
which Jr. Jayo will be able to explain to you.

1 used the company's mules. two pair of them, two
days and one driver.
Q- Is that all the teams of the company?
A- Yes.
Q- And the employee of the company used
on that Job?
A- Yes. sir.
&- What were those teams -- ?
A- And if it is necessary I can bring the
men here that did the work.
Q- What were those two teams and driver
\ worth for thoee two days?
A— Six Dollars apiece; that is what I had
to pay tor them, and Hr. Vaughan - there Was some
question raised about it. and I says. alright Just
. take it off.
' _ 13 ,

 i i
Q— Did you make any money on that contract?
A- I made $156.50. I thinx'it was.
Q— Did you get that or did the Dwale Coal
Company get it? ,
A- The Dwale Coal Company, at least I told
them I would Make it good.
Q- Go ahead and state what you want to
state?
s— They have got me charged with it.
Q- On January 30th, 1918, you appear to be
charged with the amount that was received from the
DuPont Powder Company for a road to the powder
magazine $854.00?
A- Yes, sir.
Q- Is that the item yoa speak of?
A- Yes, sir. ,
Q- Jr. Carter, do you mean to say $166.50 of
that was profit?
A- They should have been, yes, sir.

I Q- Why do you say they should have a profit?
A- Because I was working for them and
drawing a salary of $150.00 per month,
Q- Then, if I understand what you ask for _
as a credit here is the cost or the work you paid '
‘ yourself?
14

 7‘ ti

A- That is all.
Q- That amount. I believe you say, is
$597.50? '
A- That is right.
4— On September 4th, 1918, you are charged
with voucher No. 233, Pay 3011. $853.75, do you
know whether that is correct or not? .
A- No, I wouldnt say whether it is correct
or whether it is incorrect.
Q— Did you at one time make a settlement
with Mr. Dudor, the booxkeeper of the Dwale Coal
Company?

{Defendant objects -- Sustaiasd by the

‘ Court, and Plaintiff excepts -—
- h- The bookkeeper or Secretary and Treasurer ?
A- Yes, sir, I made a eettlenent with him.
Q- Mr. Carter. do you know Mr. Tudor?
A- Yes, sir.
Q- ' What relation did he at the time you
knew him have with the Dwale Coal Company, if
you know?
’ A- When I first knew him?
Re Yes?
i A- He was bookkeeper 1n Shawaville for them,
1! I understand.
15 .

 it i
Q- Was that headquarters?
A— Yes. sir.
Q- ‘ Did you afterwards see him again?
A- Yes, sir.
Q- Where?
A- At .ir. Harkina' office.
Q— What wee the occasion for seeing him
at er. Herkins' office?

- As He come here for a settlement. I
suppose hr. Snead, former Secretary and Treasurer
of the Company, had severed his connections with
the Vaughan Construction Company and the Dwale
Coal Company also, and Jr. Tudor was put in his
place, so Jr. Tudor told me. And he come here

‘ for settlement.
BY MR. RITZ: We move to strike his answer.
(Sustained by the Court - and Plaintiff
except --
BY THE COURT: Gentlemen of the Jury, you will
not consider the answer to the last
, “ question.
‘ (Plaintiff excepts --
- Q- Did Jr. Tudor, when he came to Preetonsburg.
carry anything belonging to the Dwale Coal Company?
A- He seemed to have full record.
BY on. RITZ: We move to strike it.
_ 16

 V i
A BY THE COUR’J; Answer tne‘guestion as to What
you saw and know.
(Lefendant excepts -- 1
‘ BY THE WITNESb: He had the books and the pay
roll sheets, and a number of other receipts, and
he produced them in the settlement.
BY flR. RITZ: We move to strike out the answer
of the witness in regard to his settlement.
(Sustained by the Court, and Plaintiff
. excepts --
BY THE COURT: Gentlemen of the Jury, you will
not consider in his answer the word
"settlement".
(Plaintiff excepts --
BY THE COURT: I will let him tell what was done.
(Defendant excepts -- '
Q— Do you know who was the lawyer for the
Dwale Coal Company at that time?
A— 111'. Herkins.
Q- Joe Harkins?
A- Yes. sir.
' _ Q- Is he the gentleman who stated the case
' to the Jury on behalf of the Dwale Coal Company
today?
A- Yes, sir.
. Q- Is he present in Court nOW?
F A- Yes. sir. I
I 17 I

 5 1

V II p

Q- When you met 1r. Tudor, where did you

meet him?

A— At fir. Harkine' office.

a- at whose request did you meet him there?

A— At their request.

Q- hor what purpose?

A- For a settlement.

5 u- On that ocooston, dio he have the
vouchers and papers touching the accounts between
you and the Dwale Coal Company?

‘ A— all of them I have now; each one of them;
they went over them.
Q— Did he have anything there that belonged
‘ to the Dwale Coal Company?
A— Certainly they had the books and papers.
Q- Tell the Jury what you did there on
that occasion, and all about it?
A- I explained everything to them as near
as I could. and went over each man’s papers - all
I had and what they had, and in the wind up - I
. think it was a couple of days and nights of it, or
the bigger part of it. - and they finally‘oonoluded
that they owed me $5760.00. ‘
a: Did you have a lawyer present? -
A— Yes, air.
= 18 ,

 V Ii
9:“ the was that?
A— Jack Jay and John Hepkins.
w- On that occasion. LE. Carter, did they
present vouchers on this item of Septenber 4th --
h- I think they did.
’ Q- No. 253 for $853.75?
A— I cant recall; dont remenber whether
. they did.or not. 1 wouldnt sag positive.
"~ if they have a voucher covering that full
amount $855.75 instead of $553.75, are you willing
to account for it?
A- You. sir, Mr. herkine and Jr. Tudor -
also asked me what I would settle than and there .
for — how much would I shave it.
(Defendant objects - Over-ruled by the
Court, and defendant excepts --
Q- I notice charged here to you on July Slet,
1917, invoice of the Watson Hardware Company,
$36.00? ‘
A- They should pay that. It was for the
first set of mine harness that was bought, and .
they should pay that bill. It wee charged to
them separately - the Watson Hardware Company
bill will show. I told them at the time I bought
it that it should be charged to the Dwele Coal
Company exclusively, and all about it, end the
> 19

 ”at 1
other was charged to me.
Q- What became of that harness?
3* 11 was worn out in the service of the
mines. .
T— On whose mules?
;— The BWale Goal Company's. gentlemen, and
the bill also shows a Show case which is being
used right now in their store.
q— You then owe $55.00 of the bill?
I , A- Ios. sir.
L~ It 1a otated here, fir. Carter. by Counsel
that you got some household goods ffom the Watson

' Hardware Company that you took that belonged to
the Dwale Coal Company?

‘ A- They didnt belong to the Dwale Coal
Company. Nobody authorized than to settle my
bills.

Q~ I will ask you if you have examined
this atatment\of account which they haye furnished
here and filed with their amended petiton in this
0386?
I A— Ihmo.
Q- Have they that account charged to you
on that account?
A- Yes. air.
‘ 20

 it i
{;~ To what anmzn‘t'.‘
3» $264.01.
Q~ Is that the amount of the invoice?
l~ Yes, sir.
1— That is charged to you?
.‘.- That is charged to me.
Q— And that represents the household goods
they refer to?
A— Yrs, sir.
L« I: this $35.00 item of July 31st, 1917,
any part of the other bill?
L» Home whatever. and if the bills has been
taken care of and was sent to the office they can
produce the bills. ,
Q— What did you do with the bill you
received for that?
A- Sent it all. except my bill, was sent
to the Shaweville office.
9— By your bill. do you have reference to the
$35.00 bill on which you had some items, or not?
A~ Ono $35.00 bill was sent to the Shawaville

‘ office; my bill wasnt sent there.

' Q- While you were living at Duale,fMu Carter -
A- I suppose after I was kicked out they .
probably thought they couldnt get me to produce
them. and they sent it to them. '

21

 I U
L« Yuile you were living at DWale. Mr. Carter
dii you have an account with the conmissary of
the Dwala 3031 Company?
i- You, sir.
3« Did you get all the groceries III you
.uced in your hone from the finale Coal Company?
in Very little of it.
‘.~ Whore dil you get the remainder of it
you didnt get out. of the counissary?
3— I bought it principally out of the country
from different people.
he I notice they have you charged on October -
lst, 1917, estinatcd contiesary account, fifteen
nonths, $150.00 per month, $8250.00; I will ask
you to tell the Jury whether or not your commiesary
account amounted to that much?
A- No, sir. it did not. There is an '
accurate account of it made of! by the Store
ianager.
i‘ Does this account which you have here
‘ represent a true and accurate book as kept by the
Store Manager and the account you ran in the
commiesary?
i~ So far as I know. He will be able to '
answer that as far as I know.
83

 7i i
1‘ Did you or anyone for you keep an account
along with than? .
x- I think fly wife did; I an not positive
an out that , Jack.
Q— Who kept that account in the store?
-. 1~ The clerk.
. 1~ Who wme the clerk? -
1- A. 3. Carter was clerk.
Q- To you know what the total of this
account‘isC
A- He. I flout reuember.
z— I will ask you to look at the book there
and tell the jury the amount of it?
A~ Total balance $307.53.
f- who that all the account you ever had ’
with the Dwale Coal Company's comhiesary?
A~ - Yes, sir. I
‘ Q— Are these yellow sheets, 1r. Carter,

with the name Dwale Coal Company. incorporated,

I Cosh report for the month blank, the kind of
sheets that they kept in their cash book and
store account book? ‘
A- Yes, sir.
Q- Do you owe the Dwale Coal Company any
part of the $2250. item here other than this
account?

23

 A If U
Km 39, air.
a“ 1 holiovo you have told tne Jury already
that when you 3030 tnero you were to have your
‘ house rent free to live in?
A" foo, sir.
.)id you. at that 1‘ [mo 01' any time agree
to pay for the aogloy house, garden &o for 14
‘ uonths at g15.00 pay 1)nth, $810.00? ‘
A~ No, air, there never woo nothing said
uncut the Bagley property, only 1r. Vaughan Wua
there — he WaS thgro oitner in January or December-
the last day of Deuemher or the first of January
of that 00:6 winter — winter before last, and I '
told him I had bought that preparty over there, and
he says, Why dont you move over there, and I says
I thought maybe I had better stay here; you might
Want to charge mouse rent over there, and he Bays
Good god, I wouldnt think of anything; it is too
good a house, he says, to put anyone else in,
miners in, and he says, move over there and rent _
. this one out. I .

g Q- Did you know such an item as that was

charged or claimed against you until the filing
‘ of the amended petition here? ,

, A- I didnt know it until Just a few days

2.4

r ,

 If i
ago; since court has been in session.
Q- Mr. Carter. please examine the leaves
from the loose leaf --
A- Here it is.
Q- -- of the coal company --
A- Gentlemen, I looked at the figures
awhile ago. _
Q- Please examine the leaves from the loose
leaf book of the coal company from which you
gave the Jury your statement of account which
you owed them on your commissary account, and tell
the Jury Just what that book shows?
(Defendant objects -- Over—ruled by the
‘ Court, and Defendant excepts -~
A“ l juet want to correct, Judge, my
statement 1 made a minute ago, that, is all.
BY THE COURQ: Alright; get it 213:: oorrect.
(Defendant excepts --

e- rho total amount all told, gentlemen.
is $403.11, with a credit took off of $95.55,
leaves $307.55. is what 1 oaid the total amount

» was 1 am willing to pay.

I ~ g- noout how long, Ar. Carter, did you keep
house at the Jack negley place while your family

i ‘ lived with you, and the Jim Stephens place together?
A~ Well, from November until January in the

25 . '

 7 1: Ir
Atepnens property. and from the 27th of January ‘
_until October in the Begley property.
’w— iii you ever know -~ ?
i~ They diint get possession of the Beglay
property un1il some tine up in Heron. I left I
there in Ontober.
Q- I believe you say you flidnt know that
this 32850.00 iten, or estimated conmiesary account .
was chargefl against you until the amendea petition
was filed in this case during the lent month?
V fl~ We.
“~ I will ask you to refer to the original
‘ amended petition with which the statement of
account on which that item appears is filed, and
‘ tell the jury from the clerk's endorsement thereon
when that item was filed in this court?
3— Septenher 20th. 1919. .
- 'i" ‘ At the time when 1r. Tudor, Mr. Herkins,
Counsel for the defendant, Mr. Hotkina and myself
and yourself met at Mr. Harkins' office for a
‘ settlement of these accounts, wae that item presented
. as a charge against you?
(Defendant objects -— Over-ruled by the
Court and defendant excepts --
. A~ I think not.
; 26

 = \
I i
Q- Do you know wnat tno Jogloy property was .
renting for at too time when you bougnt it, or
« before you moved into it? '
- (Defendant oojoote -- Dyer—ruled by ;ae
Court, and defendant excepts -- :
A— Nothing other than the store house; it
5 was never rented xtxxtnxttll, I dont think, before
I bought it. '
‘ Q- Was it rented by you for the Dwale 0031
company to anyone before you moved into it?
A- The store house was; I flpdid $12.00
a month for the store house.
B¥ MR. HARKINS: There is no issue as to that. .
Q- Was the residence rented?
A- No, air. 7
Q- Do you know whether they rented it
. after you moved out of it or not?
A- Yes. sir.
Q- To whom?
. A~ charlie Ward.
Q- Do you know for how much?
‘1 A- . 810.00 per month, for the house, gardon
' and lot.
Q- $10.00 per month for the house. garden and
lot; will you state, Mr. Carter, if you know whether
or not 810.00 per month is a fair and reasonable
27

 .
‘K - U
rental for the property?
A- Yes, sir, i think it is.
Q- Who is occupying the store mouse nOW?
A- The Dwele Cool coopaoyo
u- too has charge of too Goods in the store
house?
A- Jr. sortune, I suppOee.
3. Q— 1 notice you are changed. qr. Garter, ‘
on Aaron ZOLh, 1919, wits toe unouat paid over
to J. H. Carter 0y J. h. dazeios Ior coal shipments
made for his account, $618.44?
A‘ Toot is correct.
. u- It is stated care that you didnt account
for that?
A- I certainly did, to ”u. Assad.
Q- On larch 20th. 1919, you are charges for
pasturage, feed for locus, nurses sci hogs, fer
J. H. Carter, $1000.00; I would like for you to
explain to the Jury, take your own time and talk
loud enough so Counsel on the other side can hear
you. all about the hogs you had, where you got them,
the horses and cows, how they were maintained and
' fed and from what source, and the contract, if
there was any contract as to who was to feed the
‘ . horses?
28

 l
I ' D ‘
i
c
. i
. i
f
|
A- I had the hog: - the logic; propert; nas a
a small lot, 1 buPLOUC tnere in an acre in it. or I
an acre anu a half, maybe two acres, on the opioeite
side of the railroad, aha 1 lot the sows run in i i
there and tho hogs run in there, one 1 red the} .
nyoelf; bought the Stuff anc ioi than. 1 woald 1
buy one today, or trade for it, and wouldnt have
it no time until I would either sell or buy
another one. its; run in Lflblc, l cappose, three I
months - tne com and too nogs, onfl noon 1 becgat
‘ tne horses 1 said to 41. VaugnaL, woich he is
‘ here to answer for hireelf, I buy: I have a good .
horse hero I am using in connection with the .
Company; what are you going to charge for feeéing
it, and he said nothing in the morli. And later
‘ on I got another borne, in the ailing and worled
anfi plowefi it joet the some as ‘ A
I I did the other teams and never charged him one
cent for it. '
_ @- Was it your horse?
A- Yes. sir.‘
Q- Where did you work your horses?
A-, Right in the plow and drags.
. Q- For Whom? I ’
A- For the Dwale 0031 Company.
89

 V. g 3
i
i
f
' i
’ 1
Q- was that their farm, 0a toe lands of
, the John G. Johns farn? ,
5- Yes, air, and on 1r. dtepnuno on Bull
\ Creek both. , ‘
, a— bid you produce some crops there?
”A“ Yes, air.
1- What Kind of crops?
A- Corn. may and data. 3
€~ bid you have any cow peas? B
A— Yes, sir, plenty of them; tnat is wont I
I counted hay.
w- Cow pea pay? (
A- Yes. 3
‘ Q- Who used it, who got these crops, if you i
know? ‘
A“ Mr. Vaughan come up there and brought ‘
.u. wiles. {
u- Who is fir. Wiles - O. O. Wiles? E
A— I believe it is 0. 0. Anyhow his name 4
was Wiles. to take my place,and he said to me, 1
he said. I dont know how long we will want you to %
stay here and look after one crop and houses; :
Said he didnt know how long that follow will 1
stay here; he said he could do so and so; he I
says he might stay here thirty days and may want i
so ' ;

 { 3

l

E .

; Y .
you to take over the mine again. and the next
thing I knowed he wrote a letter once saying wnen
my month We» out my services would at no longer

’ needed. Then I just right then and Lnere turned
it all over to him.
g- To nin?
A— 20 his daneger.
g- The men that succeeded your management
of the cowpuny?
. h- Yes, air. everything.
Q- what did you turn over to him?
A- nverytning that was on the place. except
what was in my house; I didnt turn over my hogs
and horses.
o~ those base were those?
n- mine.
u- With wnoee money were they bought?
A- Mine. I bought one from Mr. Hopkine'
father and paid bin for it.
. Q. Who did you buy the horses from?
A— I bought One of them from Will Willa and
' traded for the other. I bought one on Sunday, at
least. from Jilt Nelson. and I traded this to
Will Johns for the mere I worked on the farm. and
,I paid the boy back his money and took the horse. I
and sold him to Dr. Jay.' '
31 Q

 Y t
o» be you remember tnu amount yuid for it?
u- 195, air. 1 paid aim exactly wnat ne
paid - $100.00.
&— fife there any contract or undurstundiug
between you and tno Lwale Coal J04p3n5, or Jr. Vaughan
as President of tno Dwale Joel Company, wno was
to pay for the pasturuge and feed 01 your oow3
A— No, sir.
Q— Horses and hogs?
A— No, air, none onutuver.
b— Did you feed any of taom out of the feed
of the Dwale COul dunyuny otner than ”he Dwale coal
Coal Company stock except this norae while you
worxeo for them?
4;— uo, sir, I did rm. '
q- dad tncre a darden in uonnoction with
the Jonas farm!
A— Home whatever.
£~ Was there a fruit orchard or apple -
orchard?
A- Yes, sir, some old fruit trees.
Q- Where were they, Mr. Carter?
.A- On the lower and of the bottom this flay.
44- How? ’
. A-' Lower and of too bottom this way.
32

 i
y ‘1 ~ .5
7~ Votweon the r:ilroad and the river?
f.- 2512:}, 417*, ,
;;~ , You are ohargofl hero on Torch 20th, 1919, '
for garden crops, frgits &c from the farm leased
by you from Ir. Johns and used by J. H Carter, '
$300.00?
‘ 1— I supooso I usod a bushel or maybe two
buahel of apples, and the balance I sold to the »
diners, anl scrip took for then, what it was.
3- What do you nean by scrip took?
1— One 30111: scrip, two dollar scrip and
five dolla; scrip issued in the place of money,
and they can bring it into the store; the bookkeeper
issues that and they bring it into the store and
toads it as aane as money.
‘1- {on say you used about a bushel or two of
aoples yourself?. I
A- Jeyho two bushela; not over two I know.
A 139 that two bushels worth $500.00?
A— I dont think so.
1- Was there a typewriter in the office of‘
- the company up there?

A- Yes, sir. i

, Q— What kind was it?
A- An Underwood.

33

 ‘1 i
Q- You ar