Newspaper Page Text
IMPARTIAL REVIEW OF THE MOONEY CASE
REVEALS WHY MANY FAVOR ANOTHER TRIA
OTHERS WERE ACQUITTED
ON PROOFS THAT DOOMED
HATED LABOR AGITATOR
Condemned to Die on the (;hairte of Conslpiring It) Caulse liealll
of Nine Persons Killed by ,it Explosiion in a PIeparedne s
Parade Held lJuly 22. 1-l!l16, inl Sa.n Francisco. His Sentence!
Was Commuted to Life Imprisoninmeit at tbe l.stllar e oc f
JUDGE GRIFFIN, WHO PRESIDED AT TRIAL,
THINKS JUSTICE DEMANDS REHEARING.
No Direct Evidence Againist the -A\e(nsed Was Produced at tlh
Trial, While the Almosphere That StHurrounlded thce P1,
ceedings Was Extremely Holstile and I'Etvenomued----. a11y
Strikes and Ulceasinlg Agitations Have Rlesulted, atald thi
Trial Serves the Bolshevists in Russia as an Example ,i
Oppression by Capitalistic G;reeed.
(From 0 lie New olrk Wolrld, Aulg. 31.)
Bly LOUIS SEIBOLD.
There is presented herewith an unbiased patraphrase of the evidence and.i
circumstances under which Thonuas J. Mooney. the California lablor agi
tator, was found guilty of murder.
The indictment against. hint charged that he had conspired to perpetrate
the bomb outrage which caused the death of nine persons and the injury
of 40 others during the preparedness parade in Salt Francisco on July 22,
Mooney was sentenced to death, but that penalty was afterward com
muted to imprisonment for life. Of the four persons indicted with himi
for the offense, but, one (Billings) was convicted, two others (Mrs. Renal
Mooney, his wife, and Israel Weinberg) were acquitted, and the fifth (Ed
ward D. Nolan), asserted by the prosecution to have been the nmaker of the
bomb used in the explosion, was never brought to trial.
Convinced tlht the American people cannot be stampeded by threat,
of strikes and the employment, of force in securing the release of Mooney,
the various agencies working in his behalf have finally adopted the policy
of bringing to light all the facts of the case and permitting the public to
judge whether he is guilty or is in fact a mlartyr to the cause of labor or
the victim of one of the most audacious "frame-ups" in the history of
A few strikes intended to force the ('alifornia authorities to grant Mooney
a new trial have proved failures. Radical agitators who are still advocalt
ing all sorts of revolutionary reprisals for the conviction of Mooney have I
been discouraged, and it is highly improbable that a nation-wide "synipa
thetic strike," scheduled for some time in October, will be called, but order
ly mass meetings will be substituted for such projects.
Consequently it is now possible to secure and present. definite facts
hitherto obscured by misrepresentation and pre udic propaganda and
set forth the reasons which have convinced ai greayl mihly disinterested per
sons that Mooney should have at new trial uiAlr conditions free from ps
sion and based solely on the merits of the c.e.
Mooney an Extreme Raical,
Who Had Made 'tmself Feared
Mooney was a labor ~gitator of I
the. most pronounced revolutionary I
type. He lhad long been an irritant
to the employing classes of the 'Pa
cific coast. The methods used by
him were those that inevitably result
in distrust between employer andll
employe. He was extremely ratdical,
indiscreet, bold an audacious in his
var on capital.
'The public utilities of San Fran
cisco, against which he chiefly di
rected his agitation, had very goodl
reason to dislike him. His connec
tion, with and sympathy for extreme
socialistic doctrines rendered him a
man to fear.
The promoters of these utilities
employed detectives to watch him
and countenanced methods calculated
to remove him as the chief cause of
their troubles with their employes.
Attempts were made to involve himn
in at least one dynamiting project,
and he was suspected of mischievous
activities in other labor disturbances.
Vague and anonymous threats of
bomb reprisals were attributed to
Mooney and his associates, but the'
authorship of these was never es
Targets for General Attack.
With this atmosphere as a back
ground, the detectives employed by
the utilities corporations and some
unscrupulous agents of the under
world, Mooney and the group of agi
tators led by him became targets for
a geenral attack.
Persons who examine the evidence
at the trial in which he was found
guilty should always keep these facts
in. mind. Those who have been con
verted to the belief that Mooney was
the victim of a "frame-up" think
they have reasonable grounds on
which to justify the impression that
in another atmosphere and with less
obscure testimony Mooney could not
have been convicted on the testimony
offered at his trial. The reasons
that have encouraged this belief are
1. Not one scintilla of direct
evidence was produced at the
trial of Mooney immediately
connecting him or in fact any of
his associates with the manufac
ture, handling or disposal of the
bomb used in the preparedness
2. The prosecution of Moon
ey was based solely on circum
stantial evidence furnished by
witnesses of the type usually
employed by prosecuting offi
cials to bolster up indirect evi
dence and ordinarily easy to ob
tain,' coach and influence; also
on the previous reputations of
Mooney and his associates as
disturbers and as associates of
the radical advocates of "direct
action," favoring the use of
force in compelling a satisfac
tory settlement of labor dis
3. With the sine evidence
applying to all they defendants,
Nolan, the man who I alleged to
have made the bomlp, not
even been brought to& Lria, and
1 two others were acquit'
4. Conclusive evidenct n the
shape of magnified photo aphs
i.hiwt~ the faces of cloc s in
the San Francisgo streets re
vealed the Mooneys on the roof
of a building a mile and a half
from the scene of the explosion
at 1:58 p. in., the explosion hav
ing occurred between 2.04 p. nm.
and 2:06 p. m.
5. Of all the people who
knew Mooney, but four testified
to seeing hi at the scene of tilt'
explosion, and their testimony
has since his trial been found
to lack credibility in essential
Oxnutn's Story I)oubted.
6. The testimony of F. ('. Ox
man, the Oregon cattle dealer,
which is adminitted to have made
the deepest impression on the
jury that tried Miooney, has been
impeached to such a degree as
to further the suspicion tliat he.
was disingenious, if not a culp
able witness, the strongest point
in his favor being lie did not
volunteer as a witness, though
he atltelpted to secure corrob
oration of the statementls made
by him from a man he brought
to California from Illinois, and
who was at Niagara Falls, 3,000
miles ;way. at the time Oxman
said he met him in the streets
of San Francisco.
7. Since the conviction of
Mooney a police official of Oak
land, Cal., has made an affidavit
that the two Edeau women, who
gave damaging testimony
against Mooney, recanted in his
8. Judge Griffin, who pre
sided at Mooney's trial, has
openly advocated a new trial for
the agitator on the ground that
he stands sentenced to death
upon evidence "concerning the
truth of which, to say the least,
there has arisen very grave
doubt," and that "right and jus
tice demand a new trial."
9. The president of the
United States, through whose
instrumentality Mooney was
saved from death, has appealed
to the governor of California to
conditionally pardon Mooney
and make it possible for a new
trial to determine whether
Mooney is guilty or not guilty.
10. The attorney general of
California, Mr. Webb, in resist
ing on technical grounds the ap
plication of a new trial for
Mooney, frankly told the court
that facts developed after the
conviction of Mooney justified
the granting of a new trial.
11. The supreme court of
California, in denying Mooney a
new trial, based its action on the
extraordinary ground that it had
no authority to set aside his
conviction because it was predi
cated on perjured testimony, the
court asserting that it could not
take into consideration evidence
that had not been included in
the record of the trial-"The
defendant in such case is with
12. A commission appointed
by President Wilson and headed
by Secretary of Labor Wilson
has investigated the Mooney
case and has expressed the opin
ion that a new trial for Mooney
should he grantted to finally de
terlnine his guilt or innocence.
1.. Members of the jury that
tried Mooney have, since the dis
closures regarding the credi
hility of Oxmuan and other wit
nesses against hint, asserted that
if they had ktnown the circum
stances in which such evidence
was produced they would not
lhave voted ro collvict him, and
inow express the opinion that he
shotild htave a new trial.
14. Charges have been offi
-- ~ ~ It--'-"' - I - -
cially made that the prosecuting
officers of San .Francisco, who
collected and presented the evi- F
dence on which Mooney was
convicted, suppressed and dis
torted evidence that would have
cleared up some of the "cloudy tt
testimony against him" and re
sulted in his acquittal.
15. The only remedy that ap- 0
pears -to be open to Mooney i
seems to rest solely in the hands b
of Governor Stephens of Califor- ij
nia, who up to date has failed to
act on the suggestion, guaran- a
teed by a pledge for the persons ih
who speak for Mooney that he ii
slands ready to go to trial on b
any one of the seven indictments tl
for mulrder still lending against
ILikened to ('nse of Dreyfus. 0
Thoe looneiy case has attracted per-1
l1aps gr'eater attention ill this coulltry
than nilly other since the )roseclltion
of thoe Molly McGluires" in the Penn
sylvania coal regions in the early
70s or the Diredl Scott case, affecting
the rights of negroes, that created
intense interest. hiefore the Civil war.
It hls splread even beyond the con
fines of America. In Russia the bol
shevist agitators have used it to sulip
p1ort 1hoir iurguiiients against organl
izedl governmellts and the judicial
machinery of this alnd other coun
At honme and abroad it had been
likened to the case of Major I)reyfus,
who was miade the victinl of a
"frame-up" not unlike that which
the doefenders of Mloone'y assert was
fahricalted by capitalistic influences
and sympathetic plrosecuting offi
cials in San rancl isco to. l s d hitll to1
his det alh.
Millions of dolltars have been raised
by self-allhppointed collectors and agi
tators to condullct pro pagallda favor
able to Mooney. Versions of his
' frame-u p" and the influences behind
it have been brazelnly (listorted by
these propagandists to arouse public
sentiment favorable for hiin. Strikes
have actually been11 called oin the pre.
text of helping Mooney but really to
gratify the selfish ambitious of labor
leaders and adventurelrs.
Ilisquietu'de and the spirit of un
rest hiave Ion encouraged by the I
grossesI miisreporesentations concernl-1
inllg the case. Yi't back of it all there
somlns to exist a pretty general opin
ionl hat Mooney dlid not have a fairi
trial, no muatt.er' what other offenses
he mlay have committed against the
social secullity of tile Pacific coast
or to \vtlllt extent the capitalistic
agencies conspired to get rid of him.
HERE THEY AREI
The following unions so far!
have taken action, donating monf
ey, or levying a monthly assess
ment to support the Butte Daily
Barbers' union, monthly.
Cooks and Waiters.
Rubber and Tire Workers,
Theatrical Stage Employes,
Typographical union, monthly.
WVorkingmen's union, monthly.
Electrical Workers, (65, month-.
Pipefitters' union. i
Bakers' union, monthly.
Plumbers' union, monthly.
Electricians, No. 623.
Musicians' union, monthly. I
Tailors' union, monthly.
Smnd Coulce Coal Miners,
'oal Miners of Lehigh, monthly
Sheet Metal Workers, lRailroad
Local, Great Falls, mionthly.
Steam and Electrical Railway
EI ngineers, Missoula, monthly.
Yellowstone Trades and Labor
I ssociation, lBillings. monthly.
Bulilding Laborers and Hod Car
riers, Bllutte, imonthly.
Brotherlholld Ralilway Carmenl
of A.merica, Signal Butte l.alge,
No. 224-, Miles ('ity, monthly.
Wood, Wire and Metal Lathers,
(Carpenters' Local Union, No.
1172, Billings, Montana, monthly.
Sterotypers' Union, Butte,
Facts Are Presented Here
After Conscientious Inquiry
With a view of establishing the es- W
sential facts relating to 1\ooney's M
alleged connection with the bomb a
explosion, I have examined all the m
evidence submitted at his trial, ac- oI
cepting and using only that which al
related to the crime for which he
was convicted. Discarditng the ob- ec
vious inequalities of the evidence bt
presented by both sides. I have at
tempted to assemble for pitesentation
to the readers of The World only vi
those facts which they may be justi- s
fied in considering in rIalching their
own conclusion as to the justice or rt
injustice of Mooney's conviction. O
The crime for which Mooney was a
sentenced to death occurred on July st
22, 1916. On that dlay a Prepared- d
ness parade was held il Sa.n Fran
cisco. A few minutes before the li
parade was to have started from the
intersection of Market ;and Stewart
streets, near the ferry linking the i
California metropolis with Oakland, n
a bomb was exploded, killing nine ,
persons and injuring 40 others. f
An investigation resulted in the ar- u
rest of Mooney, hts wife. Rena, War- 1
ren K. Billings, Israel \'Weinherg and r
Edward D. Nolan. Billings was tried t
first, found guilty and sentenced to d
life imprisonment. Mrs. .Mooney and p
READ THESE ENDORSEMENTS
Three Forks, Mont., July 31, '19.
Fellow workers on the Bulletin
Enclosed please find a little mite
to help a little on keeping the wage
slaves' banner afloat. I wish I could
make it 100 bucks or more, but
with no crop this year and only 63
bushels of wheat in the years of
1917 and 1918 it's hard sledding for
a dry land farmer. If the Bulletin
has to go down, put this little mite
in the defense fund for the two
brothers that were found guilty in
the capitalistic court in Helena that
was backed by the infamous "council
of pretense and expense" to the tax
payers of Montana.
HOW ABOUT THOSE PLEDGES?
S ram F'errebvl, President Meets Every Tuesday Night, 8 p. m. John Green, Secretary
Carpenters' Union Hall.
Silver Bow Trades and Labor Council
At the regular meeting of the Silver Bow Trades and Labor assembly last night the
following conmmunication was endorsed:
1, i Butte, August 4, 1919.
To All Affiliated Unions:
0 The Silver Bow \Trades and Labor council, realizing the magnificent fight being waged
by the Butte Daily Bulletin, which is the official organ of this body, for its existence,
s1 against the combined opposition of big corporations and profiteering business men, and
thoroughly understanding that this paper is positively the only medium of publicity through
(1 which labor unions are at liberty to express their side of any controversy that may arise
Iv with the employing interests of this community, earnestly hopes that the paper may secure
the support which it so richly deserves.
That the persons in charge of this publication may be free to devote their entire time
`' and energies to the interests df the workers, instead of a greater or less portion of it in
securing funds to meet current expenses, is a very important thing, and with this idea
in view this council recommends to all affiliated uniols and union men in general who
1- have the welfare of the labor movement at heart:
l First, that hall unions who feel so inclined agree to donate a stated sum per month,
,r "no matter how small, and at once inform the Bulletin management of the action taken.
Second, that members of locals, individually, do likewise, if the organization to which
st they belong does not feel that it cares to act in the matter.
One affiliated union has already agreed to pay $30 per month to the Bulletin, and, as
the deficit will not exceed $2,500 per month, there should be absolutely no reason why
the working men and women of Montana, after having established a daily in this city,
should be deprived of the privilege of having an organ which can and will refute any un
just statement, made by the corporation papers concerning them.
If 10,000 workers in this great state would assess themselves but 25 cents each, per
month, we would have a daily that the exploiting interests well might fear, and, as it is,
Butte is a cleaner city than for years.
The Bulletin started the fight against the.profiteers.
The Bulletin exposed crooked election methods. "
The Bulletin was the direct cause of the public market.
The Bulletin made it possible to buy produce direct from farmers.
The Bulletin exposed and secured the conviction of a crooked chief of detectives, when
the corporation papers laughed at its efforts.
The Bulletin is fighting at all times the battle of the workers, and if its management is
willing to remain true to the cause of labor and suffer imprisonment and other forms of
persecution that the paper may perform the mission for which it was intended, the least
the laboring people of Montana can do is to furnish the sinews of war, which will be a
very small amount per capita when apportioned among the many.
The council suggests that you decide upon an amount that will in no way distress either
an individual or an organization, and then send in that sum promptly on the date agreed
In this way the question will be solved easily and as time rolls along we will more and
more understand that "the pen is mightier than the sword."
These statements shall be given to the Butte Daily Bulletin, under the signature of the.
officers of t i is organization, with full permission to use them, within the limits set forth,
for the purpose of in any way assisting the future prosperity of the said Bulletin.
SS " 1 1 SAM FERREBEE, P esident.,
(Seal.) JOHN GREEN, Secretary.
THE BUTTE DAILY BULLETIN,
101 S. Idaho Street, Butte, Montana.
Weinberg were tried and acquitted. c
Mooney himself was tried, convicted
and sentenced to death. His sentence t
was commrnted to life imprisonment c
mainly through the instrumentality I
of President Wilson, who made an
appeal to Governor Stephens to ex- c
ercise executive clemency, Nolan was i
never put on trial, although the pros- i
ecution alleged that he had made the
bomb that caused the tragedy.
The Accusing Witnesses.
The evidence upon which the con
victions of Billings and Mooney were
secured was provided by four of the
126 witnesses called by the prosecu
tion. These witnesses were in their
relative importance F. C. Oxman, an
Oregon horse dealer; John McDon
ald, a derelict of the San Francisco
7 streets; Mrs. Mlellie Edeau and her
- daughter Sadie, residents of Oakland.
The principal evidence against Bil
lings, who was the first convicted,
was provided by Estelle Smith, alias
M\loore, alias Starr, who previously
had been arrested for complicity in a
murder for which her uncle was con
victed, and who had been arrested
for moral offenses. She was not
- used as a witness against Mooney
by District Attorney Fickert. The
reason charged by the defense was
I that the district attorney did not
0 dare to expose her to certain im
Now, can you either publish in
pamphlet form, or get published in
pamphlet form "The Reconquest of
America"? The state and the United
States ought to be thoroughly sali
vated with a pamphlet, "The Re
conquest of America." It would put
the gray matter in the cupolas at
work. I have had several cold stor
age plants read it and it warms them
up. Fraternally, A. D. P.
Whitefish, Mont., July 30, '19.
Butte Daily Bulletin,
Dear Sirs: Enclosed herewitt
please find check for ($5.00) five
dollars, or which ($2.25) two dol
lars and twenty-five cents may apply
on a renewal of my subscription for
three months, and the remaining two
dollars and seventy-rive cents may
The most direct testimony impli- e
cating Mooney in the bomb crime was a
furnished by Oxman, the two Edeau Y
women and McDonald. McDonald, r
the first of these four witnesses i
called, testified that he saw Billings c
within a few yards of the spot where I
the bomb exploded. He said Billings c
carried a suitcase, which he saw him
place against the wall of a building, t
wallk away, enter a saloon and come i
out with Mooney. He said that both 1
Mooney and Billings appeared to be t
very nervous, pulled out their
watches frequently, and walked away 1
a few seconds before the explosion.
He identified Billings and Mooney
after their arrest as the two men he
The star witness was Oxman. He
made a pronounced impression on the
jury because of a sturdy frankness,
a simplicity of style in testifying, a
most extraordinary faculty in recall
ing details and his apparent disin
terest. There is little question that
Oxman's testimony did more to con
witness called against him.
vict Mooney than that of any other
The substance of his testimony was
that he was on his way to his Oregon
home from Kansas City, where lie
had sold some cattle and stopped
over in San Francisco on the same
business. He registered at the Ter
minal hotel, which overlooked the
scene of the explosion, and wandered
out into the streets to see the Pre
Identifies Mooney and Others.
He said his attention was attract
go towards helping out the "free
Yours for a "free press," and
trusting that you succeed in the i
$5,000 drive, A. H. L.
Keep the good work going, you're
waking up some of the "dead ele- i
Vancouver, B. C., Aug. 7, '19.
Butte Publishing Company, 101 S.
Idaho Street, Butte, Montana.
Dear Sir and brother: Enclosed
please find express money order to
the value of ten dollars ($10.00), a
donation from this branch of our as
sociation to assist you in your fight I
Copy of your paper was received
here U. K., and those members that
perused the columns thereof were of
the opinion that organized labor
ed to a group of men who drove'up in
a Ford motor car and 'got out a few
yards from the place where the ex
plosion afterwards occurred. He
identified Weinberg as the ma' who
drove the car, Mooney, Mrs. M bney,
Billings and Nolan as the occ pants
He testified that Mooney too from
the car a tan leather suitcas and
gave it to Billings. He said that
there was another man who stol4 in
the group by the car whom he' de
scribed as a "stubby mustache mhn,"
who has not since been identified.
He said that Billings pushed' ,him
(Oxman) out of the way in handing
over the suitcase to the "stubby nus
tache man." He said that Mopney
and the "stubby mustache man' and
Billings walked down the str et to
the place where the bomb afteward
exploded, and that Billings p t the
dress suitcase down as descri ld by
Oxman testified he thought he-had
run across a band of thieves who
had stolen a suitcase rifled it of its
contents and were discarding the
container of them. He said that he
watched the group, particularly
Mooney, Billings and the ' tubby
mustache man," very closely\ and
fixed their faces in his mind.- He
said he followed Mooney andBBill
ings and heard Mooney say to Bill
ings after the suitcase had' been
placed against the wall: "We must
get away; the cops will be after
us," or "the bulls will be after us."
(To be Continued.)
should back you all possible.
We have just concluded a gen
eral strike or our contribution would
in all probability have been much
Trusting all appealed to are assist
ing you.as much as lies within their
power and that the Butte Daily Bul
letin will continue to flourish, we are.
(Seal) LOCAL 38-52, I. L. A.
F. SHAFMAN, Secretary.
Southern Cross, Mont., Aug..5, '19.
Butte Daily Bulletin, Butte, Mont.
Fellow workers: Enclosed please
find two $5 bills as a donation to
help in your fight for continuation
of the publication of the only, decent
paper published in Montana.
Yours for industrial freedQm,
A. AND S. G.