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has gone. They hang around here until I leave, so I think they are guarding me. Not only that but just before New Years or Christmas time I was coming across here and we had some little doings, and one day that I came through there I saw a trespass notice on the thoroughfare, along clean from the schoolhouse to up here, where the people pass back and forth.

Senator WHEELER. What was that?

Reverend PHILLIPS. There was a trespass notice along the alleyway, that has been open for 37 years. And in order to make it seen well and good they had it posted up all along that, and then they stuck a post right in the middle of the alleyway and put a notice on it, so nobody could go past it without seeing it.

Senator WAGNER. Do you mean forbidding walking on the highway?

Řeverend Phillips. No; it was forbidding trespassing coming through this alleyway. It is an alleyway between the two roads. People have always come that way before, and they have always gone that way. And I saw that notice, and I told the people, "You best go to the church this other way, "Don't go single file this way, because they might pick you up.

And then I said, “After you get to the church, then so far as I am concerned, if you want to go that way, you go that way, because I have been down and consulted a lawyer about that thoroughfare, and he tells me if it has been open for 27 or 37 years, or any time over 20 years, there is no corporation that can hinder any man walking that way when going to church or to any place else in a peaceable manner.”

Senator WHEELER. He said it had become public domain by reason of constant use and not being under fence.

Reverend PHILLIPS. Yes, sir. So when we went out I told the people to go ahead. They said, “No; they want to get you behind the bars so these meetings will stop. You better not go that way, but the congregation can go that way.” So we decided we would not. A new sheriff was coming on, and we thought we would not go too far, and they considered they would not go that way. But there is one old gentleman I think now in the audience who thought he would persistently go as he had been going for years, and there were three or four guards down there, and when he came along they said, "No, sir; you are not going this way.”

But the old gentleman got so sore that he got pretty cross about it. He didn't hit anybody, but it made him cross to think he could not go that way, the way he had been going for years and years. So the people had to tramp clean around this way, all through the mud. That evening I went to a guard and asked him about it. I said, "Do you mean that that is permanent?" And I said, “What

” do you mean by these notices?He said, "I put them up." I said, “What for?” “And his complaint was that some of our women had been attacking some of the other women that had moved into town, and that they were not getting along very agreeably going through there. I made inquiry, and I guess it was exaggerated and was not

I said, “If you mean to close it up, I will either have to hire or buy an airplane, because we are determined to get to that church.” Finally he said, “We will take that down if they will go peacefully back and forth."

in fact that way.

There was a statement in the paper that I promised not to dismiss my congregation until after these strike breakers had returned home. Now, I didn't make any promise like that. I think there is no corporation and no guards that have any right to conflict with the arrangements of our worship, whether we meet at morning, noon, or night, or what hymns we sing or religious worship we conduct. So I have not promised anything of the kind. I am a law-abiding citizen so far as constitutional laws are concerned, but I think there are a good many things that they have done to us people that are unjust. We have tried to instruct our people every day as they go out of this place to go peaceably and not to contend with these strike-breakers; even a look is enough. I have said, “You don't need to say a word to them. All you need is to give them a good square look in the eye and pass on, because they know they are doing wrong.” I have said to them, “Keep your hands off and your tongue quiet." And I believe that we are gaining more in that way than in any other way.

These are the conditions existing around here. And, oh, by the way, there was one evening here—

Senator Gooding (interposing). When have you held meetings?

Reverend PHILLIPS. Well, in the morning we start rather early in the morning, and we have a sunrise meeting, we did that at first and we have kept it up ever since, at 6 o'clock. I had the congregation together here about 6 o'clock, and at 6.10 or 6.15 we start the singing services, and it consumed about an hour, and closes about 7 o'clock. And then in the afternoon at 3 o'clock, and we run from then on to 4 and 4.30, along there.

Senator Gooding. Has there been any violence in the town here that you know of, on either side?

Reverend Phillips. No violence, but

A BYSTANDER (interposing). Oh, yes. Some of our people have been beat up down there.

Mr. MARK. Oh, yes; we can give you the names of several who have been beat up and otherwise mistreated.

Senator GOODING. I wonder if we had not better get that from somebody else, as Mr. Phillips does not seem to know about it.

Mr. MARK. We have the names and can furnish them to you.
Senator Gooding. Very well, we will let them tell their own story.
Reverend Phillips. All right.
Senator GOODING. Is there anything else you wish to say?

Reverend PHILLIPS. Yes; as to the gas bombs--and there are a good many things that I do not think of right offhand, we have had so much here. But before I go to the gas bomb matter

I Senator GOODING (interposing). Tell the subcommittee the matters that you have actually come in touch with. That is what we want to know.

Reverend Phillips. You have asked me if I know of any violence. Of course, but that is hearsay. That is, I do know of it through hearsay. And as to this tear-bomb matter, I don't know whether that occurred before they drove them down here with the State constabulary or afterwards. It seems to me it was shortly afterwards. There was one evening, and I can't tell you right now when it was from my own knowledge, but nine State constabulary or coal and iron police, two on horses and seven walking on foot, chased our people right down on the side of the road, and they crowded the people off the road, and

A BYSTANDER (interposing). Brother Phillips, it was January 11.

Reverend PhilLIPS. They were pushing them along, and driving them, and one of our young men tramped on his little sister's foot while they were driving them off. Those fellows just drove right along down there and pushed the people off the road. They were going home from church.

Well, now, as to this tear bomb question: I came in here one morning, and I had come alone at the time, and when I opened the basement, which was where we have our week meetings, I smelled something but I didn't know what when I opened the first door. Then when I opened the next door it flew in my eyes, and the tears began to run down my cheeks. I thought of tear bombs. I reported it to a man here, and he told me it was a tear bomb. I opened the windows and it was still strong. I didn't know where it came from. Finally I found that it was in the coal bin. The people gathered that morning with great difficulty. We had to discontinue the service, and at 10 o'clock I called some of our men in. Then I saw the State police down on the railroad, and we whistled to them. I told them there was something up here and I wanted them to tell me what it was.

So the man came in and sniffed the air a little bit and said “Gas!” I said, “Come to the coal bin.” They had practically torn the door down on the outside of the building, and he got in there to see if he could find the can but he could not. And he came back and said, “It is tear gas." I said, “I wish we could find the can.” The he said, “Well, I have enough to know it is a tear bomb.". I have some of the coal preserved in a jar, and it gives off fumes, it was that strong, even yet. I have it at my home now.

Senator WHEELER. That will be all unless you have something else specific that you can tell the committee.

Reverend PhilLIPS. Here is one more: This was one evening when the children were going home from Bible reading and not a meeting of the congregation. They went where they usually go, and by the time they went down the alley the coal and iron police drove them back, and they came back up the hill, lads and girls, say, 12 years old. And I said, "What is the matter?” They said, “The police drove us back and said to get the h-out of here."

Senator GOODING. Where was that?

Reverend Phillips. The children were just going down this road, going home from the church. So I went down, and when I got down there I went over to the man in the dog house and I said, "Were you the man that drove these girls and boys back up here?” He said, “No; but maybe it was my buddy." I said, “Where is he?" He said, “I don't know.” I said, “It has come to

I said, "It has come to a pretty pass when children can't go home from church without being interfered with." He said, “We ain't going to have them coming down here singing and making an ado.” The children said they were not singing. I said to him then, “Even if they were, a man who can not stand to hear a religious song is in a bad way.” He said, “Don't you tell me I am not religious!" And he drawed his club on me. I said, "I really don't think you are showing much of a religious spirit."

Senator GOODING (chairman of the subcommittee). All right, Mr. Phillips. Let us get along as rapidly as possible. Who is the next witness?

Mr. Mack. The next man is John Mack.

Mrs. Malvin, John Mack is sick in bed but I can tell the whole story.

Senator WHEELER. All right, you come forward and tell it.

STATEMENT OF MRS. DAVID MALVIN, ROSSITER, PA.

6

Mrs. Malvin. Last October, and I believe it was the 28th of October, or just before Halloween, I came from down here--and in the first place I am going to tell you that my husband never worked at Rossiter. They might have thought I was going up to raise trouble, but I wasn't. Well, I was going along up with my sister and my daughter and another little girl, both of them something like 12 years old. We came along up, and I was coming up to the store to get some things to dress up for Halloween. And when I comes as far as the post office there was two guys there, and it just happened that a week or two before I went down the way and I met an Italian fellow, and I don't now just remember his last name, but he was a wop, like myself I guess. That day when I comes up and I sees this

Ι fellow out there I says, “Hey, girls, that is that wop from Tipperary." And he spoke to me over there, and so that evening on our way down my little girl, she happened to see this fellow, and she says, "Hello, Tipperary,” and, gentlemen, I swear to God Almighty I didn't pay no more attention to them fellows at all, but my daughter she just says, "Hello, Tipperary.” Me and my sister was engrossed in talk about Halloween, and so I don't pay no attention.

Then all at once I hears a gruff voice say, “Shut your trap and walk on." Well, I just look around, but of course I don't think it is for us, and I just smiles. And then I sees that there is something going on, and I sees no Italian around there, and I says to my girl

, “What did you say?” And she says, “I just called him Tipperary." And she must have mistook this American guy for the wop, and while he didn't look quite a wop, yet I don't blame my little girl for mistaking him. So then I says to my little girl in Italian, “You shut your mouth." And then I gets to walking on--and you know how things will happen so quickly, but I didn't pay any particular attention, and then my sister says, “That fellow is following us." I turned around and I saw him coming with his club, swinging it, and he came on over and the first thing he did was to grab me by the shoulder, and he says, "Move on!” And he gave me a shove." I said, “Well, ”

" I am annoying." I says, “You're the guy thats following me. I haint going to run from you or anybody like you."

Senator WHEELER. And I will bet that you would not, either.

Mrs. MALVIN. No, sir. Finally, after he said what he did, he just took the ball of his club and commenced poking me in here indicating the upper part of her stomach), and you know I had my summer things on, and I could feel it very easily. So when he done that to me I says, "Listen here, you guy. Let me alone, will you?"

, He said, "Move on!” I said, "Well, I am moving. But I am not going to run for you or anybody else that walks on two feet." Well, when I said that he said, "Move on! I haven't any time for you or anybody like you." And he kept poking me, and the third time he poked me in here indicating upper stomach] I said, “Listen here! You let me be, will you?” And I says, “I am walking along and minding my own business, aint bothering you at all, and you let me alone." When I says that he grabs me by the arm and says, “You are under arrest!" I said, "Like hell I am." And I says, "What have I done to you?He says, “Well, you are coming in the office." I says, “Like hell I am!” Them's just the very words I used.

And it so happened that my brother-in-law was coming down the road, and he came down and saw this guy having hold of me by the arm. He put his hand between the two of us and says, “You let that lady alone. She has as much right on that road as you have.” Well, you know this brother-in-law of mine never had no schooling or anything, and he didn't explain it very well in English, and this other guy, when my brother-in-law said that, he grabbed John Mack, that's my brother-in-law, right by the chest, and he said, "You's the guy I want. We want you.”

So there I was, left alone, and he ain't arrested me up to this day. I stood there until they took John Mack, but I started to explode and tell that guy what I thought of him, but John Mack just put his hand up to his mouth, for me not to talk, and he and I was talking in Italian. And I said to that guy, “Don't take him. He ain't done nothing." John Mack thought the guy had hit me, but he hadn't hit me, just had poked me in the ribs here and had grabbed my arm a little rough, and, of course, I didn't like either one very well. You understand that I'm married and been married 18 years, and my husband hasn't done what he done there in all that time. And I dare anybody to do that to me.

Senator WHEELER. I can well imagine that your husband wouldn't treat you that way.

Mrs. Malvin. No, sir, he wouldn't. Well, they took John Mack, him and two other cops, and they had John Mack like this (indicating). And here was John, and here was another fellow, and he had

] his club raised to hit me, and I went like this (indicating) and when he did like this (indicating) my sister grabbed me.

Senator WHEELER. Did he hit the other fellow on the head?
Mrs. MALVIN. Yes; he knocked him down.

Senator WHEELER. Show us how hard he hit him, by hitting that newspaper man right there.

Mrs. Malvin. Well, he would be a goner if I did. But, anyway, that is what he did. Finally, I said, in Italian, because he is not very good in American talk, I said, “John, don't say anything. Keep quiet,” because they will kill you. When I said that John Mack says to me, in Italian, “That's all right. I don't want any trouble." And then I said to that guy, “This man doesn't want any trouble.” And he is just a little bit bigger than myself, and he ain't very big, and what was he going to do with three men after him?

Well, after while, and these cops was pulling here, one here, and one there, and one over yonder, and then finally they got him down, and as he went down his hat went off. Well, I had already picked the hat up, and I didn't pick it up any more. After I had picked it up once I said, “Oh, well, let it stay there."

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