The 1913 Vancouver Island Miners Strike
by Jack Kavanagh (continued)

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VI

At the preliminary hearing in Nanaimo the visitors to the court were treated to the edifying spectacle of Magistrate Simpson retiring to the judges room in company with Prosecuting Attorney Shoebotham, any time he happened to be in doubt as to what course to pursue.

In the meantime the executive officers of the B. C. Federation of Labor, resident in Vancouver, made arrangements to hold a monster protest meeting in the Arena Rink on Thursday, Aug. 21. Owing to some misunderstanding the Vancouver Trades and Labor Council did not co-operate with those holding the meeting and as a result the meeting was not as successful as it might have been.

George Pettigrew, Executive Board member of the U.M.W. of A., was one of the speakers, and also Mr. Hodgkinson, a merchant from Nanaimo.

Mr. Hodgkinson was arrested on his return to Nanaimo because of his utterances at this meeting.

George Pettigrew was on his way to Sointula to pay the man who had quit work at the P. C. Coal Co.'s mine at Suquash.

The Federation of Labor followed up the mass meeting by a referendum for a general strike of 48 hours. This was defeated in the Trades and Labor Council meeting, Mr. Frank Farrington denouncing the referendum and the protest meeting which had preceded it. He stated "that only fools who could not keep their mouths shut were in jail."

This was apparently taken by the police as an indication that the Union would not support the imprisoned men, and as George Pettigrew arrived in Nanaimo from Sointula on the Sunday night following the Trades and Labor Council meeting, he was at once arrested, although they had made no attempt to do so during the two weeks previous to Mr. Farrington's statement.

The U.M.W. of A. engaged the firm of Bird, Darling & Leighton, together with J. W. DeB. Farris of Killam & Farris, to defend the miners. Some of the people of Nanaimo knowing that these counsel were very busy, raised a "Miners' Defense Fund," to which Mrs. Fiddicks of South Wellington contributed $2,000, for the purpose of hiring additional counsel. Mr. I. Rubinowitz of Vancouver was engaged.

The Vancouver-Nanaimo Coal Co., operating the Jingle Pot mine, having made an agreement with the Union, resumed operations. Towards the end of September, acting on the advice of their counsel, Messrs. Farris, Bird & Leighton, some of the miners elected to take speedy trial. The trial was to take place during October. Contrary to expectations, however, Judge Howay of New Westmimnster was brought over to try the cases.

Among those electing for speedy trial were Guthrie and J. J. Taylor. Just a day or so preceding the trial the counsel for the miners visited them and attempted to get them to plead "guilty." Guthrie opposed this, knowing that no mercy could be expected if they did so. It was intimated, however, that an arrangement had been made with the crown prosecutor whereby the offence would be dealt with as a technical one, and they would probably be at liberty in a short time. Guthrie finally agreed to plead as the remainder had decided to do.

Thirty-nine men were tried. The sentences ranged from two years down to nine months, the sentences below two years carrying additional penalties. Guthrie and Taylor were among those receiving two years.

Previous to delivering the sentences Judge Howay vilified the prisoners because they did not cringe before him. On his return to New Westminster he issued a statement to the press justifying himself, and which was calculated to influence the jury before whom the remainder of the prisoners would be tried, the venue having been changed to that place.

The first case tried at the assizes was that of Richard Goodwin, charged with assaulting a policeman at Cumberland on the night of July 19th. He was found guilty and sentenced to nine months' imprisonment.

While the jury was being picked for the next case, a reporter from the World said he had heard one of the jurors in the Goodwin trial express his intention of sending him to jail, even before the evidence for the defence had been submitted.

The jury was dismissed and the cases referred to a special assize.

An organization was formed in Vancouver, known as the B.C. Miners' Liberation League, and composed of the following organizations: B.C. Federation of Labor, Vancouver Trades and Labor Council, I.W.W., S.D.P. of Canada, S. P. of C., U.M.W. of A., and citizens of Vancouver, the object being to obtain the release of those who had already been sentenced and to prevent, if possible, the imposition of excessive sentences upon those yet to be tried.

A mass meeting was held in the Dominion Hall, Vancouver, on Nov. 10th, at which resolutions were passed demanding the release of the imprisoned miners. Similar meetings were held at Victoria, Edmonton and other places throughout the Dominion.

Following the meeting at the Dominion Hall, bail was allowed to the majority of the miners awaiting trial, though previous to this no bail would be granted.

Five men were still refused bail, amongst them being Joe Angelo, Italian organizer for the U.M.W. of A.

On Friday, Nov. 14th, Chris Pattinson, organizer for the U. M. W. of A., who had been sentenced to three months' imprisonment by Magistrate Simpson at Nanaimo, on a charge of vagrancy, it having been stated that he said "boo" to a special policeman, but had appealed against the same, came up for re-trial before Judge Barker At Nanaimo. The case was dismissed.

George Pettigrew had been held without bail for two months, during which period his wife had given birth to a child. On being tried he was sentenced to the time he had already spent in prison, and was therefore released.

The first cases at the assizes were those arising out of the alleged riots at Cumberland. The jury found them "not guilty."

The next case was that of Cowler et al, charged with assaulting the police, riotous assembly, etc., at Nanaimo on Aug. 12. The jury found them "not guilty."

The next trial was that of Isaac Portrey and others, charged with rioting at Ladysmith. During this trial the fact that thirty-nine men had pleaded guilty and been sentenced, for the same offence, was used against them. Judge Morrison, in summing up, denounced the Union, declared that the witnesses for the defense were perjurers, and, in effect, instructed the jury to find them guilty. Eleven out of fourteen were convicted. Sentence has not yet been passed upon them.

On Monday, Dec. 15th, commenced the trial of ten miners, including the president of the Local Union, on a charge of rioting, and destruction of property at South Wellington. This case is, at this date, Dec. 15th, in the hands of the jury.

Before summing up the principal events noted herein, I may say they are the result of personal enquiry and observation, both in the strike zone and elsewhere.

One item which I have forgotten to record before is in reference to the strikebreakers arrested for stabbing a miner in Ladysmith on Aug. 9. At the preliminary hearing of these men the man who had been stabbed was also arrested, the court holding that he must have commenced the assault. At the trial, which took place in Nanaimo, the learned judge dismissed the case.

In Cumberland, at the present time, the special police act as bank messengers for the Canadian Collieries (Dunsmuir), Ltd., going down to the bank on paydays and drawing out the money, which they afterwards convey to the company's office.

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