They'll Cut Off Your Project: A Mingo County Chronicle

Chapter 12

12 At 4:00 P.M. on March 30, the courtroom of Magistrate Arden Mounts was jammed with spectalOTS who had gathered to witness the trial of the fair elections workers. About half the crowd were ardent supporters of the county political machine. Mounts had been justice of the peace in Stafford District for more than twenty years. His offices and courtroom were located on the second floor of a building that also housed a garage he owned. In his younger days he had been a motorcycle enthusiast and had lost his left leg when his cycle collided head-on with a log truck about two miles from his birthplace on Gilbert Creek. He now walked with the aid of an artificial limb. Mounts's nephew Roger was standing at the base of the steps leading to the courtroom as we entered. " Hey, come on up and watch the fun," he called to a friend. "Arden is going to sock it to them fair election workers today." "] hope he gives them a year," said the friend. "All they are is a bunch of troublemakers." More than a hundred fair elections workers had gathered '58 outside the garage and were milling around, awaiting the trial. T he defendants were Judy Trent, Alma Jean Justice, and Hayes Hatfield. Cleo Jones, the Fair Elections Committee 's attorney, had arrived from Charleston at about 3:30 and had consulted with the three arrested workers and also with James ·Washington. The committee had first approached Jones because he had attempted to bring about an investigation of the AFDCU program in Mingo County immediately after the EOC public hearing in February, ' 967, in which Floyd had been exposed. Jones, a softspoken man, always smoked a pipe. Although the Justice of the Peace Court had no jurisdiction in cases dealing with elections, everyone felt certain that Mounts would ignore the law and go ahead with the trial. Mounts was one of the last people to enter the courtroom . He walked straight to his desk, turned and looked toward the crowd, and said, "This court is now in order." He proceeded: "I have several warrants here-one for Mrs. Judy Trent, which was sworn out by Frank Fortener. This is Mr. Fortener over here." Mounts pointed to his left. Fortener was sitting facing the crowd. A coal miner in his early fifties, he had also been involved in local politics. He had run unsuccessfully for justice of the peace on several occasions but had always been a staunch supporter of the Democratic machine. Judy T rent had challenged his right to be registered, on the grounds that he lived Olltside the precinct, which, according to West Virginia election law, was a legal challenge. Mounts continued, "Now everyone here knows that Frank Fortener has been a legal voter of this district-for years and years, and it is unfortunate that this here man's right to vote has been challenged." '59 Jones rose to his feet and asked Mounts, "Are you proceeding with the trial of Mrs. Trent?" Mounts replied, "Yeah. And just who are you?" "My name is Cleo Jones. 1 am an attorney, and J reside in the city of Charleston. 1 am here to represent my client, Mrs. Judy Trent." Mounts hesitated and fumbled through the West Virginia Code, which was lying open on his desk. Sitting down for the first time in his chair, he said, "Would J udy Trent step forward and be sworn in?" Mrs. Trent took a seat beside Mounts's desk. ",.vould you hold your right hand up, Mrs. Trent? Do you swear to tell the truth, the whole truth, and nothing else, so help you God?" Mounts asked. Mrs. Trent replied, " I do." Mounts, looking over at Fortener, asked, "Mr. Fortener, do you have an attorney to represent you?" "No," said Fortener. Mounts proceeded with the preliminary instructions, and Attorney Jones asked Mounts to read the warrant and the charges against Mrs. Trent. "Mr. Jones," Mounts replied, "I just told you what she was charged with, but, if it'll satisfy you, I'll read the war· rant." The warrant was identical in wording to all the rest, with the exception of the one served on Hayes Hatfield. In his haste to issue a warrant against Hatfield, the justice of the peace had charged him with challenging his own right to vote. The warrant against him had been...