White Charged With Murder

Harlan Judge Issues Warrants For 3 Deputies

White Charged With Murder; Middleton Must Arrest Own Underlings

Harlan, Kentucky-May 10, 1937

February’s wave of labor violence in Harlan County brought a murder charge today against Frank White, deputy sheriff, and charges of shooting with intent to kill against White and two other deputies.

County Judge Morris Saylor issued the warrants, sworn to by County Attorney Bert Howard. The papers were turned over to Sheriff T.R. Middleton, who was directed to arrest his subordinates.

White, about 40, was charged with the murder of Bennett Musick, 19, son of Marshal Musick, United Mine Workers organizer. Musick was slain when a fusillade of bullets was fired into the Musick home near Evarts, Ky., February 9.

White Noncommittal

White, round-shouldered and tight-lipped, was noncommittal before the Senate Civil Liberties Committee on his activities in Harlan, although a number of witnesses testified he was a member of the group of deputies which left a Harlan lunchroom, “armed and intoxicated” on the night of the murder, with threat “We’re going over to see old man Musick.”

One witness even testified he saw White, in the glare of the headlights, in the car from which most of the shots were fired into the Musick home that night at the time of the shooting.

The other warrant against White charges he fired into the dwelling of William Clontz, Wallens Creek, also and organizer. George Lee and Ben Unthank, were ordered arrested on similar charges.

Lee, a saintly-faced white-haired man, also denied before the committee he had participated in numerous assaults, shootings, dynamiting and other terroristic activities with which other witnesses charged him, but was unwilling to impeach their testimony. He was identified also as a member of the group of deputies who threatened to “get” Musick on the night of February 9.

Sheriff Middleton, whom the Senate investigation showed had made more than $100,000 during his two years as Sheriff at a salary of $150 monthly, and who stood on his constitutional immunity several times when questioned as to participation in various affrays, admitted several times that Lee Unthank and White were key men among the 379 deputies he had sworn in to “preserve law and order in Harlan County.”

Unthank, whom Senate investigators could not locate, was termed by several witnesses the “head road killer” of deputy sheriffs employed by soft coal operators as mine guards. Sheriff Middleton said he did not know where Unthank now is.

Three other cases were investigated: The dynamiting of two automobiles near the L & M Railroad depot here, the throwing of tear gas into the New Harlan Hotel and the shooting and wounding of Tom Ferguson, union organizer.