First Witness Tells Story

Louisville Post, June 14, 1922

The commonwealth this morning called Mrs. George McIntosh, widow of George McIntosh, one of the men killed, as the first witness in the trial of Leslie Combs, French Combs, Shade Combs, and George Allen, Jr., Democrats, under murder charges growing out of the Breathitt County election fight. The stage was cleared for the introduction of evidence after two days of preliminary activities.

Mrs. McIntosh was not an eyewitness of the battle. Her testimony told of her husband's wounds and his activities the day and night before his death.

Politics Charged

Despite assertions that politics would be kept in the background, repeated charges were made yesterday that politics entered into the trial preliminaries. Counsel for the four Democratic defendants declared that the decision of State Attorney John F. Coldiron to reverse the order of trial so as to reach the cases of the Democrats first was a result of politics.

The second instance which bore the mark of politics grew out of the selection of the jury. Five jurors excused by Mr. Coldiron were Democrats. The regular venire of the jury was exhausted at the afternoon session. Of ten men summoned for jury service from the bystanders all were Republicans. Counsel for the Democrats complained to this alleged effort to "load" the jury. Deputy Sheriff George Nicholson, who summoned the men, denied any purpose to get Republicans for the jury.

"I do not know the name of a man I secured, do not know their politics and such a thought never occurred to me," he said. "If anyone had suggested such a thing to me I would have arrested him and taken him before the judge. I worked under pressure of time an picked the first men who looked as if they would make good jurors."

Counsel for the defense told reporters before the opening of the night session that every prospective juror called would be a Republican and subsequent developments proved the assertion well founded.

Jury Selected

Impaneling of the jury to hear evidence in the Clayhole precinct election day murder cases, transferred here from Breathitt County, was completed late last night.

Immediately afterward the four Democrats of the group of 13 defendants, went on trial jointly pleading not guilty to a new indictment returned by the Boyd County grand jury charging conspiracy to prevent an election and murder. The original Breathitt County indictment charging only murder was quashed. The nine Republican defendants will stand trial on the murder indictment.

The Jurors

The members of the jury, with their reported political affiliations, are: J. T. Riffe, retired farmer, Democrat; T. R. Fowler, cook, Republican; John Moore, farmer, Democrat; George Dent, lumber inspector, Democrat; Henry Menshouse, foreman at a steel works, Republican; J. F. McComas, farmer, Democrat; Fred Kitchin, barber, Democrat; J. C. McNeal, telegraph operator, Independent; Eugene Hite, merchant, Republican; Green Ross, merchant, Republican; Harry Libie, laborer, Republican; James Sebastian, farmer, Republican.

In selecting the jury the commonwealth used all of its five peremptory challenges and the defense 13.

Democrats' Case Strongest

When Commonwealth Attorney John F. Coldiron elected to try the Democrats first, John M. Waugh, one of their attorneys, made vigorous objection, intimating that the court was playing politics. He pointed out that the case of the nine Republicans charged with killing Cleveland Combs was docketed first in Breathitt County.

Mr. Waugh filed demurrers to the new indictment against the Democrats, contending that the Boyd County grand jury had no legal right to add to the charges made by the Breathitt County body. Judge W. C. Halbert overruled the demurrers and also told Mr. Waugh that the commonwealth attorney had a legal right to select any of the cases he pleased for first trial.

Mr. Coldiron said the case of the Democrats was taken up first because it was the strongest of the four. The Democrats are Shade Combs, Leslie Combs, French Combs, and George Allen, Jr., accused of slaying George McIntosh.

Thought Continuance Sought

Coldiron said he would have selected the case of the nine Republicans for first trial for the murder of Asbury Combs is the Democratic attorneys had agreed to have that indictment quashed and a conspiracy bill substituted.

He pointed out that a conspiracy charge allowed a much broader field of evidence in that acts of the defendants prior to the slaying could be gone into. That fact, he said, made the case against the Democrats strongest. The Democratic attorneys refused to ask for a conspiracy writ against the Republicans on the ground that they feared their opponents would seek a continuance.

The reason behind the Democratic attorney's objections to the case against them first is said to lie in the fear that in case of conviction their clients would be discredited as witnesses against the nine Republicans. However, they showed some confidence of acquittal in not asking a separate trial for each of the defendants.

Usually, when men are jointly indicted, their attorneys demand a severance of the cases rather than "stake all on one throw."

In spite of their surprise when Mr. Coldiron selected their case for trial first, the Democratic attorneys announced ready and the work selecting a jury was begun. This started at two o'clock, and seven men had been agreed on at seven o'clock, when a recess was taken. The remainder was chosen in the night session.

Political Bias Feared

It was found that few of those summoned knew anything about the Clayhole cases, but peremptory challenges were taken advantage of by both sides in cases in which it was thought that prospective jurors were biased politically one way or the other. The Democratic side objected to partisan Republicans, and the Republicans to partisan Democrats.

"Can you try this case as though there were no politics in it?" was an infallible question of Mr. Waugh, in examining prospective talesmen.

Behind the defense counsel sat "Aunt America" Combs, whose two sons fell in the Clayhole battle; her widowed daughters-in-law; Mrs. Cleveland Combs; and Mrs. Ethan Allen, whose husband was also a victim. Both Mrs. Cleveland Combs and Mrs. Allen held their babies in their arms, and the mothers cried a little every now and then. Mrs. McIntosh, whose husband the four Democrats are accused of killing, sat with the Republican attorneys.

The attorneys for the nine Republicans are, with Mr. Coldiron, doing the prosecuting in the case now being tried. When the Republican cases are taken up, the Democratic attorneys will become prosecutors.