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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 President Wilson. 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, 116. 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 justice. 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 tablished. 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 as follows: 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 day tragedy. 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 putes. 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 particulars. 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 presence. 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 out remedy." 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 - - -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 him. 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 I tries. 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 Bulletin: Barbers' union, monthly. Cooks and Waiters. Rubber and Tire Workers, monthly. Theatrical Stage Employes, montldy. Typographical union, monthly. WVorkingmen's union, monthly. Electrical Workers, (65, month-. Pipefitters' union. i Bakers' union, monthly. Plumbers' union, monthly. Electricians, No. 623. Machinists' Helpers. Musicians' union, monthly. I Tailors' union, monthly. Smnd Coulce Coal Miners, montldy. '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, monthly. (Carpenters' Local Union, No. 1172, Billings, Montana, monthly. Sterotypers' Union, Butte, Imllnthly. 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 w 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 staff: 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 Butte, Montana. 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 upon. 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 p1 eachment. 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, Butte, Mlont. 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 had seen. 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 paredness parade. Identifies Mooney and Others. He said his attention was attract go towards helping out the "free press fund." 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 ment." 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 for existence. 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 of it. 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 McDonald. 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 more substantial. 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. Fraternally, (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.