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Victory in West Virginia
163

give the military of West Virginia credit for one thing: they are far less brutal and cold blooded than the military of Colorado.

After many weeks we were taken before the judge advocate. The court had sent two lawyers to my bullpen to defend me but I had refused to let them defend me in that military court. I refused to recognize the jurisdiction of the court, to recognize the suspension of the civil courts. My arrest and trial were unconstitutional. I told the judge advocate that this was my position. I refused to enter a plea.

I was tried for murder. Along with the others I was sentenced to serve twenty years in the state penitentiary. I was not sent to prison immediately but held for five weeks in the military camp. I did not know what they were going to do with me. My guards were nice young men, respectful and courteous with the exception of a fellow called Lafferty, and another sewer rat whose name I have not taxed my mind with.

Then from California came aid. The great, lion-hearted editor of the San Francisco Bulletin, Fremont Older, sent his wife across the continent to Washington. She had a talk with Senator Kearns. From Washington she came to see me. She got all the facts in regard to the situation from the beginning of the strike to my unconstitutional arrest and imprisonment. She wrote the story for Collier's Magazine.