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IMPARTIAL REVIEW OF THE MOONEY CASE
REVEALS WHY MANY FAVOR ANOTHER TRIAL
OTHERS WERE ACQUITTED
ON PROOFS THAT DOOMED
HATED LABOR AGITATOR
of Nine Persons Killed by ai Explosion ii a Prelto.re diehss
P'arade held .Iuly :2, 1)10(i, in Srun Fra aiseo. His Selenrtoe
\\as (C mmlfted to Lile Imprtisone , aI l . the Ilsiantu e ','`
JUDGE GRIFFIN, WHO PRESIDED AT TRIAL,
THINKS JUSTICE DEMANDS REHEARING.
No l)ilreet 1vidence Agailst the A((,nsed Was Prodeli(liCed at il he
Trial Serves the Ihollshlevisls in Russia as an Example of
ceedings \Vas ExtrI'(elly ]ltile and IEniveoned --. Mtan
Srikoes and Lneaing Agilatins lave lesuilled, ant tie
Trial. \\lMile llte At,.o.:spher' Thal 'ttrrot'taded the Pro-'
(Ojippressioi ti' Cay piltistic iree.
(From the NowV 'ork World, Aug. 31.)
By LOt'IS SE] BOLD.
(Continued From Yesterday.)
In order to fix the matter firstmly
in miond, Oxman said he took from
his p,,cke't a telegram and wrote on
t! e back of it the numnnber of the
F ,rd car, 5187, which was afterward
id ?ratifiedct as the rolperty of Weint
burg. The memolrandom writ il n by
lin read: Ford No. 5187, thinki
t',len grip S F July 22."
Explains Ills Neglect.
ae testified that he did not see tlh
explosion of the bcomlb, but. hieard it a
ftA10 mitinutes later. IHe gave as his
idreason for not having Inotified tlbt,
p',tece of his suspicion his belief thalt
tr'o suitcase would be advertised fir
in the newspapers the next dclay. I1
tdi, not attempt to explain how thi'
Fe:,d car was perincitted to slitnd iin
11 t street. when all other traffic wa"
\\Vhen lie 'ead th dlc!tails of thie ex
rplosioll the next dlay he did not s" e
l:. referencee to tIha .-liteat se al!il
vwe'.' to Kansas ('i-y. ic"re. a' said.
ic gentt of thle S. F Fion ist
t'lt atttOrney ete to see hint ,arc'
II !rd tsis story. t If did ioic expclic
ht ,v the district a.torany had heard
of hiin. t11 v went to his .unech iu
Or,()'gon, where a San. Fr'ncllico 1police
official came to see himll, got his storl.
'dc itducet'd him to ct turn to Sat
F:: ncisco to repeal it t and testif.
1-' identified 7Moonc.y :c!ld Ililling:: iti
j, I afterward. describetd ithe '"stubby
.mtc.iacl-e imant," ., ui was toc qbit,"
S:i positive in hil s i .'enlifl'i'tl.ion ;of
V, , iherg. Mrs. ooieiu'y and :tNolan.
(;.:' 'an proved to be a very ready
,.. )ess, and even the searching t:ro:ss
,. 13mination by ',V. lourke Cockran
f: led to shake his itslitlconl y.
.atnies Mcl)ougall, 13., estified lhat
h, saw tle suitcase at lthe poii t de
scribed by Oxman and MilclDoild, biut
dul not see anilly of tllm (dfo'nldant)s.
;cadie Edeau testified she saw Ii!l
ilt.-), Mooncy and M1rs. Mtooiney at
ti1: Kanmm building, half at mile froni
It , scene of the bomb explosioiu.
a;,nt 25 minutes before it occutrred.
I;, e said she and her miother wer' in
f' it of the Kl iml building, wi('ere
th-cy had stopped to s.;e(' the Preluretd
rt'c:r parade. lillings came from thl
li iding and talkied with Mr. and
ltr:4. iloonety. Billings then startet d,
wath the suilcase ili his hiand, towald
tIie place wherle the exsllosit on .
A few minutes Inater, she raid, a
Fl,;*'d car, driven by \Vein,,'g, dt'tew
up in front of the lac.amm buitllitg,
tMr. and Mrs. Mooney entered it. and
tii cir started down thie street in Ilse
di 'cction Billings had takloun. Shie said
alh had first seen ilillings betfi. ilt!he
artival of tIhe Mooneys oil the roof of
the Ktautlnm building, leaning over the
Saw Others With Snit'cast.
She said sihe caw several ineIn
c, :'rying suilcases. She described as
being in the ilIooltney-Billings group
tihl "stubby mnustache mailll" referr'ed
to by Oxmnlcl and ti he other wilt ess.
S!h3 said sihe remetlllbered these fiacts
w;' It she read of the txplh:sion in
tI.; newsDpapers. Sihe narrai Ill.d th.cicu
to an elder of Iher church tiand h told
Ihe': to go to the district attrnlie'oli'v.
H-I, ert A. Wade testified to seeing
MIciings at the Kaimn buildinlg with
a :cuitasie in his lihand, bitt he couldl't
id, aiify Mooney.
:.elie Edeau. the mothetr of Sadie,
sari she saw Billilgs o top of theilt'
;cnitmm building with a situcase. She
aft.'r'ward saw him in the street talk
When in Great Falls v.sit the ttae
I ,pec'-aliy caters to the working c!ass
15 Third St. South
-r Pi'mt NalinT.OR t Tln '.
ý ---'I --- '--- - ---
83 E. PARK ST,
T IILO.J FOR MEN
Fine Suits to Order.
.xtra fine line of uncalled
S"'t" 11ii 11.
4 evta Anaeonda overy evening
n""a rrival of train from Butte at
It o m., arriving at Philipsburg
tn 7 30 p m W IIELLIM. Prop
ing to a police officer. A few minutes
later slhe saw him talking with Mr.
and lMrs. Mooney on the sidewnlk.
They stood close beside her. She said
that Mrs. Moonley sat down on a. box
near her. She said that a Ford motor
car drew ulp to thlie sidewalk anid that
she saw 'Weinlberg and anolll tir man
get ilto the back seat of it. She
h:card lillinigs say to Mooney, while
\Mrs. \looney was sitting neiar her.
W"\'e will have' to get to the ferry
befoire 2 o'clock." Mrs. Edeau wias
athier'- vacgue ini recalling incidents to
h, icuh she had testified in the trial
The defetnse called 78 witnesses.
-ix of wlhom gave testimony whichl
showed conclusively that the Mooneys
,,, I t at their studio in the Eiler
Ib':diling, a mile and a half from the
,te of the btomthb explosi'tin. not only
, ht -e it (occulrred, buit iani hour be
;'lCc tand for ore thanll an hour aftier
ward. With i sveral of these wit
'.s who testified at the trial the
Moneloy'S ellnt tth(' roof of the Eiler
t iling to bttter view the parade,
'idi rtiai neI d there until a plain
lthet, I,-li'' officer caile up to
Ih the roof for bittilhs, ais lite said
: ilmb had been thrown into the
!'r :paredness parlade from a roof.
This was lhe first kncowledge that the
',ioneys and their co ipltnionsi testi
d (l-vy knew of the blinb explus ion
ti ter' i:d a lhalf tway.
The ldefonl-se conplllid the prodlc
n b tlii he prosecntioll of four pihoto
! h adphs showing Mooney aid AM rs.
M.iooey on toll of the Eiler building'
Vhen th ie explosion occurred. C.locks
shtlsVow inl tIll pihoitogralphs fixed the
timel to within a few minutles of the
explosion. The pholtographs were
hken biy iadet IHamilton, a clerk for
thie itler Music coipttlany, who had
S'en compelled to Iturn thenl over to
ih(i district attorney, and, according
to the defense, wais not permit ted to
give ctopies of them for use iIl the
Moiloney trial ordered by the court.
The defense prolduced othlier wit
teisses to ilmieach the testiony of
lthe lleau wollenl rearding the plres
inte- of thoe allto tt ile and the
\looin'ys ini ront of the Ka tl iii build
ing, more thlin l Inile away irom tIle
The li tomobile which the Edeaus
had said was drivein by Weinberg
was showni to htave bIeen tthired
by Thomall s t)odge, :it employe ofi
the International Fillt corlpoiration,
who testified int the Mooney trial.
Ot her witnellsses furnishted testliony
to show that Weineitrg was inot in
Smolor ocar at the KImiitui building,
I s telstified by the l' Edeats.
I)Other tesiimnony was ipreisented by
the defense tol show that no atitonto
hile was petrmitted to stop at the
loint described by Oxtian and other
witnesses, near the point of the ex
plosion, all vehicular triaffic having
The defense miade use of several
Pihot igriaplhs lto shotw by the faces of
I the clocks revealed in them the im
Srobability iof the testimony given by
t'hitit"etss for the prosecution. These
tphot ograp hs, ieiniforced by veirbal
cttimonily, ere held ly the defeitnse
t.o Dprove that it it was impossible for
hie l loneylls, Billings, Nolan and
WVeinierg to have been either aIt tihe
scene of the exlositon, tas described
by Oxman and McDoinald, ior at the
lainni building, as uasserted Iby the
Saw Possible Bomb-Thrower.
The defensi.e so produced oine wit
tess, a Mrs. ,lne K. Compitto, to con
tfilt its conten 'ihi that the bombb
itt ;. t in tl PIiesreparedniess parade
trag:"dy had been thrown from the
troof oif a bilding Coplosite the hotel
whero Mrs. Compton testified that
'he was seale"d at a windowv in hter
;,oni in the hotel, whieh commanded
: view of a bildinig on the opposite
ode of the stroeet, in front of whicht
'.he explosion occurred. Site said she
aisW a mani crawling ove'r the rootif iof
tte tiuilditng, leatn ovter the edge of
it and then rtun back over thie roof inl
the direction fronm wlhich he had
C:!ite She did not noltice that lie had
tiny- thinig in his hand, but ia fow see
ittds after he had rtiuni away the ex
pssion ioccurr-ed. Site coultd not give
t description oif the manl.
There was a little evidence of
ctual value introduced by the prose
oation bearinig upont the bomb that
ittsed the explolsioin. Testimony wasi;
'trt'duced to show that pieces of tmet
:,. a brass cta, atnd exploded cart
ridge shells were picked up by va
riots persons at the scene of the ex
plosion; that chemical analysis proved
the existence on such fragments of
a greasy yellow looking substance.
Th ;e; ti(ro'c'ultit 101pio n e teld xpert
witnwsu: An: to sn rlcllor;: its theo ry re
gu icii Jnil,. the nh iti thi evidence
ohiilln'd i1 thlis nItlilfih wiIs neit her
cuton attemptedicvi UinO cothe jillSO-ey
found ill Ni oian': l imis. w'lidh wasn
alleged to lhe saltpeter, such as is
iuiied in eploisii s Tehis tiit vel ut
io he 1no1hingj moli destructive than
No Proof That They Made or
Handled the Fatal Bomb
The expert testrinony hearing upon e
the bomlbs was vague, and results of
s-veral experiments of a nature par- t
allel with the prosecution theory of d
the preparedness date cerimlle yielded h
Sconflictling reasulls. There was, in
f.(:l. no testimony that iproved (I
MtIooiney and his associates miadte or
assisted in the making, or evenl hand- a
led the botlh used in the Prepared- ii
i'ness day parade explosiont.
Regarding the suitcase which Ox
Snan, McDonald and Edeotus and the ,
boy McDougall testified to seeing at. I
the scene of the explosion, there was ,
also conflieting evidence. The dte
fens:o produced witnesses who testi
Sfied that they had seten such a suit
case as described. One of tholei told
of advising the owner of it against h
leaving it ;standing up against the k
I wall of a building while he watched s
Sthie parade. IHe was very positive -
thait neither Mooney nor Billings was C
the tnani to whom he gave such ad- ii
Following Mtooney's convict ion, a
which. as said, was largely due to the t
testimony of Oxmian and McDonald,. S
----- ---- t
the frionds of Mlooney and labor or- e
ganizations thlrouglhout the country
illnluttgratoed agitation for a pardon.
or a now Irial. Incideintally new evi-.
dtence was developed which thie do
Tfnse, held showed Oxnlan, McI)onald
anld thie Etllus to he perjulrers. ii
Tlihe grand jury of San Franlcisco
tcoullty loigiun itni investigation oti
April 30. 1917, of tile c:tr:lige that
tOxman had entered inito consl)irtacy
with District Attorney Picket- and his
assistant, ('oinha, to "fralme" Mlooney.
They produced as witellsses Capt.
Mathewsoll of the Sin Francisco po
lice fore, who had charge of the de
tective bureau. lie testified that Ox
man brought to him lt man named
IF. E. Rigall. whom he first intro
duiced undlller the namlle of "Mtr.
I ('apt. Mathewson said lie told I)is
Irict Attorney Fickert that he
1 thought Rigall was a "bunco man"ti
or a "gambler," and advised the dis
tric1t attorney not to have anything
tI doi l, with him in any shape or forlm.i
itt said that liekert told hinml tie was'3
Il not going to use Rigall as a witnetsslt
Sin the Mioonley case.
His IlRnlmarkableh StoI',.
WVhen Rligall was called before the
I grand jiury htie tolt a very reinarkatble
story. lie sid that lihe lived at Grey
vi!ll Ill.. where hie ranl a pool and l
lilliard parlor. Hie said he had }
liknown Ox()mlnl frolm boyhood. Hei'
} said that luly 22, the day of the ex
tf plsioin in San tranlisco, lie was itt
Ni igara Falls. N. Y., and had never
been i! California prior to January.
I1917, six tuunths after ltht exilosioll. I
Q(. Now vo i rrived here oi Jani.
6, 1917? I
i A. Yes, Sir. t
Q. In replionse to a rteqnue't from t
u one P. C). Oxtian, is that correct?
i A. Yes, sir.
Q. By the way, who if any one a
furnished you the transportation to
Inmank the trip?
A. I re,'eived a Itelegram fromi Mr.
(tOxmanll sayilng w"'e are sending you ll l
tr antsportaltionl andt expenses to Sail V
ilrancisto and return." I din't know
Swha:t he had reference to. He a:fter- s
wo;rd told ime that by the word "'we'"
'ii tl meant with Mr. Fiektert t.
Rigall tesitified that when he can li
ito Stan Friancisco lie registered un
'i dtlhe ilile of "('harles." He Ii
watlkSd tlhrlugh tile htotetl auld saw ii
'()lttan, whio Ihad told him whalere to 1
pi!t !p. Oxillalt at first dcllied ktnow- i'
ig hiiin. but afterwtard calie to his l
r 1(iiti anid told Ililm albolit the bomtl it
I xltlosion, which he had never befor'e i
I le said tIli. next dty that Oxnnll it
Trfek hiil intto the street antlid ioiitedt
'ilt tth ' scii 'eiit ofI the exltlosion. Ox
tiLall i aid ttlilt it woultid ott be n cet -I
";''y for I.ig:-ll to itenitify aivyhody,[
..:iy juisl -Sly thai it" had tmet Ox- h
a' a:li aoti lhe scrne of thie explosioin. '
ltii;ll Ieotified thtt Oxnlan tooktllS
sn:illll: This is the nlain tilnSt sleen me.. isi
I t1. 1 t !liii oin Stewatrt nil ll Market ni
vats oii Jiuly 22. i
"Oxllil extpilhled to mie." he con
tinutied, "that he had told him (F'ick- lt
ert ) in lotoking the case over that ne
he had nitiet a ibo front the town that st
lie utised to live in oni the day of thile ol
The prosecution at tmlptod to pro- d
vide circumrstantial procf tearing up- c
on the bomb in the .ilape of two h
guns and several cartridges seized
in the rooms of Moonemy and Billings. n
It also attempted to show\ that Mlrs. I
Mooney had received from a strike i.
breaker, who testified at the trial, at
quantity of saltpeter. This testi- s
niony was offset by inontestible C
proof that Mrs. M\t one(y ns instruct- I:
ing her pupils at the ;in . she bring r
a school teacher. t
Q. When you were presented to Gi
he district attorney, did you tell the
listrict attorney that vyoL were not t
tere, on the 22d of July?' C
A. No. sir: I did not. I let Mr. It
)xman do most of the talking. hi
Rigall further testified that Assist- n
tint District Attorney Clnhla took him t
nto a private office and said "Now. si
:d. I want to go through this case
vith you. I am going to puti you on
onmorrow. I always like to have a
witness to feel perfectly at home
when he is on the witness stand. Now
want you to tell ime your story.
Said Oxman 'oachedl Him. a
Rigall said he told C'unha that lhe '1
lad met Oxman at Stewart and Mar- (
net streets on the dlay of the explo-i
;ion as Oxman had urged him to do. ft
:-e said he told Cunha tile story that sl
)xman had prepared for him, giving :i
n detail his movenltints from thel
ineo lie left Greyville, Ill., his arrival i e
11 San Francisco on the morning of ii.
he explosion, and meeting Oxumall at !1
tlewart and Marker: streets. S
Q. And did yoiu think Oxmann was':
in tihe' square about his story? tl
A. No, I kneaw he was not. D
Q. Then how did you happenI to u
tell Mr1. Cunha about it?
A. I was wiantinu to get away
from trlli FranciiJ and wanted to a
elt my expense mloney bacik.
Q. Did Oxnill ever say iito you hell it
was not, here on time 22d of Jily,
A. In crossing the street he said S
"yclu were lell'e Ias nllh ar I Was.".
Rigall testified he next saw Ox-
man after the interview with Cu(nha:
when the formler had coitipleted his
testimonlly in tihe M1]ooney trial. He
said that Fickert took him into a pri
vate room and gave him two $50 bills
anid started to write a check, but
Cuntha stopped him aiind borrowed $50a)
from a nin standing near there. Ri
gall testified he told Cunhia that
"Oxmnan pronmised tme $250 if I would
go through with it."
Rigall said lie Was not used as a
witness and returned to Greyville
without figuring publicly in the
Mooney trial. I-Ie said lie told a law
yet named Ellis of Greyville of his!
experience, and the latter told him,
'It looks like a shanme for a lian to
hang when lie was innlocent," and
that hias (Rigall's) evidence ought to
got -IMooney ia new trial.
Sellt Hinl $110 for Expenses.
Concerning Oxmnan, Rigall testi
fled that the Oregon cattle dealer
had left Greyville 17 years before
and that his reputation was not good.
He said lie first heard from Oxman
after the Sanl Francisco explosion
when Ie received a telegram asking
himin to come to San Francisco, andt
then a letter containing $1110 for
Itis expenses. He ithought the letter
was Ifroltl Oxmnan's son.
Oxman, on takling the stand, stuck
to his story that he had imet a man
near the scene of the explosion who
hud claimed to be "Eddy Riga le," at
the tpoint where Rigall.stated Oxman
wanitted hinm to testify he had seen
hinl. Oxmnan told the grand jury
that when he recalled the instance
after thie explosion he thought it was
"F. E. Rligale" of Greyville, Ill., his
old home. He said he had written
and tclegraplied the Illinois Rigall
at the suggestion of District A-\ttoirney
Fickert and Assistant District Attor
ney t'unha and urged himn to come on
to testify ill the Mooney case to his i
havinlg met Oxnian.
The letters written by Oxnlan to
Rigall and to Rligall's mother were
introdiuced before the grand jury.
Tl'ley were written on the letterhead
apitel of tile Hotel Terminal in San
Francisco. One was dated Christmas
day. 1916, and was addressed to
'Mrs. Itigall" at Greyville, Ill. It
Wais ;i:: follows:
"llottr Mrs. Riigall: As I aml send
iig all transportation tomnorrow,
26th, it mlight he that I can use you
Also aboutlt the loth. If so, I call oh
tain you a ticket that you can see
Vlsliftornia. If you would like the
trip. address tme care this hotel tell
I. E. to, see nuthing untill he see me
'an pohliy us;e a Extry witness Been
1 long timie I don't see you
"F. C. OXM3AN."
Anot her letter which was ad
tressed to iMr. Ed Rigall at Grey
tille, Ill.. read as follows:
"Dear Ed has been a long time
n,'ce1 1 hurd front you. I have ii
Ihance for vou to ('tint to tall Fri'oi
is il Expurli't ittness in a very l111
torl't111i ('aisOe you onll liy .llo iLsIwr
I & 4 questions uand I will post. you
nt tlhemi,. you will git mileage and
11 that ,t witness call drow Probly
I)ti in the cleare. So if you will
ontl' .ns me quick ill Care of this
lotel and I will !nange the Ilahtnc
t is all ok bhtilt I need a witness Let
ne no if you cani Conime Jan 3 is tilhe
tit set for trile Pleas keep this con
"F. C. OXMIAN."
In expllaiining these letter'. )Oxin t
i Ltestlifying before the grand jury.
rhile admlitting thei rauthor:uhip. as
ertid he had added a postscript ou
ie thIird page of the second letter
tyillg substantially, "'If ytou were
)it il Sani Francisco on Julty 22 can
ot line yoll as a witness."
h'lie third sheet, which as far as
ilngib!e evidence is concerned was
itt even remotely connected with rile
econdtl sheet on which the sigllaturve
SOxmana was penned, was not pro
luced by Rigall, who supplied the
!orrespondence, and he denied there
lad been any third sheet.
Oxman told a plausible story that
nanifestly impressed the grand jury. I
Re said that his mistake in connect
ng the Illinois Rigall with the man
lhat he met in the San Francisco t
street on the day of the explosion and
gave the name of "Ed Rygals" was
perfectiy natural. Despite the testi
mony of Mrs. Rigall, mother of the I
unan he had induced to come to San!
Francisco to testify against Mooney,
that Oxman's reputa1ion bad been
very bad in Illinois, the grand jury
lid not indict Oxman. (
Mrs. Rigall insisted that her son. I
F. E. Rigall, was not in San Fran- I
cisco on the day of the bomb explo
sion, but was at Niagara Falls. She
said that when her son first received
I letter from Oxman asking him to
come to California she had said to 1
him: "Ed. you may get into trou
ble. They may want you as a wit
ness and maybe he (Oxman) will
want you to swear to a lie." She said
she told her son she thought Oxman i
restimony of the Edeaus t
Also Attacked by Defenes
The renuta.tlion ofthA FldniiR w, a r m o nr onI T' As -11, ., +, rnr
The reputation ofthe Edeaus was 1
also questioned by the defenders of p
looney. In the brief filed in the h
California supreme court and the S
United tSates supreme court counsel
for Mooney provided evidence to c
show that Mrs. Mellie Edrau on be
ing confronted with Billings and E
Mooney said she had never seen
either of them in her life. This state- t]
uent was asserted to have been made n,
in the presence of Police Inspector b
Smith of Oakland and Officer Gotff
of San Francisco. A statement fur- o
thor occurs in the defense briefs that
police Inspector Smith had informed t
District Attorney Fickert of the fail
ure of Mrs. Edeau to identify either h
Mooney or Billings. It was further n
established that neither of the Edeau
women had testified to seeing Bil- G
lings and Mooney tgether at the ,
trial of the former as they later as
so,..ed in the trial of Mooney. t
The sworn testimony ot' Inspector t:
Smith and Officer Goff disclosed that v
immediately after the bomb tragedy a
~'I~ ~ `'---- ;- - ·----------- --. _. ~ _._. __~. __~ __ _ _......
BA-l IS WANTED
WITHOUT FAIL FOR THE
" 41k, JAIL
MEN WHO ARE IN
Hundreds of workers are literally rotting in the jails of this country
because of their activity in tire cause of Labor. Many of these victims
of the world-wide class war a.re awating trial-and have been waiting
for manr y weary moniths for the speedy trial guaranteed them by the
United Slates Constitulion. Others were tried and sentenced to terms
ranging from one to twenty years during the period of war hysteria,
and appeals in their cases are now being taken from Kingg Capital drunk
to King Capital sober.
Some of the prisoners have escaped by death, others are dying, mans
have conrllated t.uberculosis and other loathsome diseases,. and all are
suffering untold agony from close confinement in the fetid atmosphere,
from insanitary and unhealthy surrounidings, from poor and insufficient
food, and l'romn inhlumanit treatment accorded them by brutalized guards.
Past. attemlpts to secure bail for all of these workers in jail have not
been attended with great. success because of the lack of system. In
dividuals sought to secure bail for their personal friends, and failing to
get the necessary amount they returned what had been collected, thus
making their entire efforts fruitless. This was the condition facing tihe
delegates from all lthe western dis',rict organizations of the Industrial
\Vorkers of the World when they met in conference on July 3 arid 4 in
Seattle. The delegates solved the problem by an unfailing means
o A Bail and Bond Committee was elected to systematize the work of
collecting Iail andr( a nation-wide drive has been started to secure the
loan of cash, liberty Bonds and property sufficient to gain the release
of all class war prisoners. With practically no advertising Six Thou
sand Dollars were raised in the first five dlays. More than Two Hun
dred Thousand Dollars are needed to release those now being held for
their L.abor activity.
Snums of Five DIollarsI and oup are accepted as loans, and all cash, Lih
erty ,'onds or properly is tabulated in triplicate, one copy going to the
per son mnakintg the loani another being retained by the Bail and Bond
Committee, and the third being filed with the Trades Union Savings
and Loan Association of Seattle, with whom all funds, bonds and prop
erty schedules will be banked.
SOnly those who have been proved loyal and trustworthy are being
sent out as collectors. Everything possible has been done to safeguard
this bail and bond fund, from the selection of the committee to the
choice of the bank. A portion of the fnd is being set aside to return
loans on dmcand in case persons who have made them are forced to
leave the country or have other-reasons for making a withdrawal.
Bail will he used to release specified persons where that is desired,
but otherwise the release will take place by a blind drawing of names,
thus insuring fairness to all prisoners. By comminon consent the men
in Wichita. Kansas. jail will first be released. as they have been held
the longest and jail conditions are worse there than anywhere else in
the entire country. This bail has nearly all been subscribed, and the
men will he made accredited collectors when released, and their speedy -
release will help to set others at libertv.
No necessity exists for argument. Your duty is clear. If your ears
are not deaf to a call from your class. if you feel that an injury to one
is an injiry to all, if there burn's within you the faintest spark of human
ity. you will see that the mcin io not renmain behind tihe bars an on
necessary minute because you withheld your support.
THEY ARE WILLING TO GIVE THEIR LIVES FOR YOU!
ARE YOU WILLING TO LOAN YOUR DOLLARS TO THEM?
Send all cash, checks and bonds to John L. Enadahi, Secretary of Ball
and Bond Committee, Box W, Ballard Station, Seattle.
Property schedules should be filed with Attorney Ralph S.'Plerce,
Room 607 Central Building, Seattle.
Butte Office, 318 N. Wyoming St., A. 8. Embree, Bond and Ball
was "doing something crooked."
The grand jury investigation im
mediately made Oxman the center of
attack by the labor unions on the
'acific coast and ultimately through
oat the country, and figured con
lpjciously in all the efforts made
toward securing a new trial for
Although Rigall was proved to be
a shiftless man and a gambler, the
fact has been clearly established that
he was not at San Francisco on the
day of the explosion, and that he had
come to San Francisco for the first
time six months later, at the request
of Oxman, in' order to corroborate
the latter's testimony that he had
been at the scene of the explosion the
The only explanation ever ad
vanced, in fact, to explain Oxman's
attempt to secure corroboration of
his remarkable story was his asser
tion that hey had written a postscript
to his second letter to Rigall telling
him not to come if he had not been
in San Francisco on the day of the
police officials and said that she and
her daughter were not in front of the
At the trial of Israel Weinberg t
Chief of Police Peterson of Oakland t
testified that when he was at Mrs. t
Edeau's house some months after the t
conviction of Mooney she had said
that "While she was at Stewart and
Market streets her astral body had t
been at No. 721 Market street (the
Kamm building) that day," the day
of the explosion.
The most striking comment on the I
testimony of McDonald, the waiter
who at the trial of Mooney declared I
he had seen Mooney and Billings
near the scene of the bomb tragedy,
was provided in the letter sent to
Governor Stevens by Judge Griffin,
who presided at the Mooney trial.
Judge Griffin wrote: "I do not hesi
tate to say that in my judgment Mc
Donald is unworthy of belief, and in
view of two indisputable facts which
are established beyond all peradven
ture or a nouut, uls testimony is
worthless. These are, first, the time
of the explosion, 2:06 p. m., and the
second, the time Mooney is first first
shown on the roof of the Eiler build
ing, 1:58 p. m. The first of these
facts is established by Capt. Mathew
son. in charge of the bomb, case; the
second by the photograph, subse
quently enlarged. taken by the young
man employed by the Eiler Music
company. Bearing tthese facts in
mind, the testimony of Mcl)on::ll
demonstrated its own fa!;lehoodl and
is itself unanswerable evidence, tihat
what he claimed to have seenl conltm
not have occurred.
"Since the trial of Mooney two
other of the bomb defendants have
been tried in another department of
this court and each has been ac
quitted of the charge. In these trials,
McDonald. Mrs. Edeau and her
daughter had been witnesses. Ox
man has never been produced. There
were submitted to each of the juries
in these cases all of the matters that
have been developed since the trial
of Mooney, except of course, the let
ters above indicated."
The exposure of Oxman, the
Edeaus and McDonald was entirely
discarded by the California supreme
court in passing on the appeal of
Mooney for a new trial. That appeal
was based on the record of the trial
of Mooney before Judge Griffin.
Attorney General Webb, who op
posed a new trial for Mooney on
technical grounds, said in his brief to
the court: "In view of the facts and
the statements and requests of the
trial judge who tried the case, it
would seem proper for this office to
act in accordance with his sugges
tion. Believing that justice will be
subserved by a retrial of this case,
as the representative of the respon
dent, I hereby stipulate and consent,
that the judgment order heretofore
entered in this case by the trial court
be reversed and the cause be remand
ed for a trial."
Supreme Court's Derision.
Notwithstanding the recommenda
tion of the attorney general, the Cali
fornia supreme court in denying a
certificate of probable cause for a
new trial, rendered this remarkable
(To be Continued.)