1935-07-05 — Page 15

THE "HONGKONG' TELEGRAPH.

FRIDAY, JULY 5, 1935.

FREEDOM FROM PRISON FIRST STEP TO VINDICATION.

MOONEY, AMERICA'S

DREYFUS?

HAS SERVED 19 YEARS IN PENITENTIARY

San Francisco. forming near Stuart and Market Prison gates that clanged on Tomstreets for a parade to urge pre- Mooney 19 years ago may swing paredness for war. At 2:00 p.m. an infernal machine enclosed In open within a few weeks.

a suitcase which had been left; standing on the sidewalk explod ed, scattering bullets, steel ball- bearings and debris. Ten people died there in the street and 50 or Intore were torn by Bring frag-

ments.

If they do, it will mean the be- glaning of the end of one of the most famous cases of modern times-a

te comparable France's Dreyfus case in duration and implication.

Сдво

Even if Tom Mooney, serving a life sentence for participation in the bombing of a Preparedness Day parade in 1916 in which 10 men died, should be freed from San Quentin Prison, that would not be the end of the ease.

Warning notes received by many. prominent people that some such event would mark the parade, and the known record of Mooney and! Billings, led to their being suspert- ed. Billings had already served a Such freedom would eume prison term for illegally transport. merely as a commutation of his ing dynamite. Mooney was known life sentence. Mooney wants more through his writings for radica! He wants vindication.papers and his past caregr, as a than that, The Hlow

the law direct artion" advocate, and B wheels of would grind on toward that goatings had worked for him. In their even after Mooney had been freed, rooms, or in rooms casily available. Governor Merriam has before te them were found explosives und him a resolution from the State materials similar to those used by Assembly making that Money's the perpetrator of the bomb out- sentence be commuted, entirely Page, without regard to whether he is

guilty or not, pointing out that e

WIFE ALSO ARRESTED

has served 19 years in prison-- They were arrested, with Moon- more than many life-termers serve oy's wife, Rona, and two other —and that commuting his senlcher men.

is as good a way na any to get rid¦

affair.

Billings

WAN

tried first. John

Tom Money. America's Dreyfus.

R

The Judge Instructed "not guilty verdict, and Mooney serves time to-day under convletion for the very act of which the later. Jury acquitted him.

California superior courts have consistently taken the position that the stato constitution pro- Ividen that on an appeat, only evi- dence actually heard at the first |trial can be reviewed, As the evidence In Mooney's favour hus been mostly unearthed since his trial, state courts gave no relief, and all efforts to get a new trial under Californin law fulled.

State procedure exhausted, the Mooney defenec worked its way Cup through the federal courts, seeking a habeas corpus. Finally this appeal reached the U. S. Supreme Court, which said jefert: "If Ualifornia law really jaifmus no relief to a man convict-

i#

ed on perjured tralimony, that is tois bad for California. State courts must provide sneb relief, because (they must bow to the B. S. Con- stitution, as the supreme law. And that supreme Jaw guarantees every U. S. citizen that he shall not be deprived of life. liberly, or property without the process of las, nor shall any person. he 'denied the equal protection of the laves, Go back, now, and remind the California courts of this, and see if they won't take a different view of the legal barriers tlant

[ prevented them from acting be

fore. If they won't. come back and see us."

COURT RULING AWAITED

resolution was Assemblyman Char, ed the Mooneys there watching the land were radical groups raised the The state Supreme Court, sitting heght on

Considerable pressure is being

of the 50 or more people wounded by the bomb Mooney and Billings were accused of planting.

use

That sugestion is now being followed, in a habeas corpus pro- Temedigut before Superior Judge of a troublesome and tiresome MacDonald, Hinerant waiter, les-Densan was fried for perjury, was Donald cuci be found to verify an This reassets the perjury and Edward 1. Butler in San Rafael. tified that he saw four of the ne- nequitted, and passed from the pidavit he had made repidiating To show how the echoes of neused at the scene of the explosion, scene.

his testimony, the case might be

emphasize the Supreme Court's tragedy like the Preparedness Day; Estelle Smith testified she saw!

Mrs. Mooney and the other two; reopened,

indinonition tu The California bombing eches down. The yours, the Billings there with a suit-ease, facensed men were acquitted.

frourts that the U. H. Constito- MacDonald was found, and, re- lion's guarantee is superior to the Assembly's resolution was intro-¦ He was convicted, given a life sen- A stout defence raised large pudiated his Jormer duced by Assemblyman Brennan, tence, and still is in Polsom Prison, Fonds and began a fight that has He said Prosecutor

testimony state Constitution's limitations. who 9 years ago was one of the At Mooney's trial came a sensa- never lapsed in nearly 20 years, Fickurt had induced him to say heet late this month. tr it un- Charles M. Judge Batlee's decision is expect- attorneys who prosecuted Wayren tion. Snapshots of The parade Thr moniders and machinist had seen Mooney and Billings at favourable, the way is open to re- K. Billings, convicted with Money, taken by a disinterested amateur unions were active, several liberal the scene of the And one of those who opposed the from the roof of a building show-lawyers and editors stuck with it, state wittesers wer discredited.

crime. Other turn to the U. S. Supreme Court. les W. Fisher, who freely admitted parade, almost a mile from the Money issue to more than a mere as a fact-finding badly, heard Mae-by a group of 12 senators and 17 President Roosevelt his prejudice herause he was one seene of the explosion. Further, question of an individual's guilt or Donald and Billings, but again a congressmen, asking him to the pictures included a clock on an innocence There is evidence that pardon was denied both men, other building, which registered as forecs interested in keeping Mooney

his influence on Governor Mer The campaign to fry Mooney, riam for a pardon And the legis late as 2:01, only five minutes in jail did as much for their point never slackened. His aged mother, lature's lution asking Mer- fore the blast. This was regarded of view, Thus the Mooney rase Mrs. Mary Monney, addressed pro- riam to commute Moonry's REAL FACTS OBSCURED

a perfect alibi. But Mac-hoene an issue.

test meetings. That Illustrates the cross-cur- Donald's evidence was corroborated

Late in 1918, Governor Stephens, Walker made his spectateular trip bring him freedom at any time.

Mayor Jimnylence to time already served may rents of personal feeling that have by Frank Oxman. Oregon cattle- commuted Mooney's sentence to life to California to present a pardon, run through the Mooney case from in, who said he saw Mooney and imprisonment, but refused pardon, plea to his friend Governor Rolphspirits as he goes about his work Mooney, cheerint unl in good the beginning. The case has been Billings plant the suitcase.

Moun-though President Wilson himself as cameras ellcked under Klieg, at San Quentin, is not downheart- taken up by various organisations, was convicted Feb. 24, 1917, and instigated a careful study of the lights and Communists did a little ed despite nearly 20 years most publicly by those interested sentenced to hang.

ense and urged its further condemonstrating outside the State prison life.

of in promoting class struggle, until

sideration. New trial was several Building. Rolph and his succes. It has been obscured as

times refused; an effort to have the or, the present Governor Mer-track now," he recently declared. "I'm sure we are on the right criminal case, and been turned into The long series of legal appeals verdict set aside as a conspiracy to riam, again denied the pardon. "I'm not worried about the inter- * symbol. The endless legal and procedures began. Meanwhile pervert justice failed. rigmaroles, the switching and re- a witness, Ed Rigall, was found GOVERNORS BAULK AT PARDON

CLEARED OF MURDER CHARGE ¦mediate steps. I'm confident that now I'll have a chance to present switching of testimony by wil-! who testified that Oxman had tried

In 1933 Mooney wint to court my case--and that's all I've ever nesses, have confused pèoplé about to get him to back up Oxman's Governor Richardson denied aon n remaining murder indiet-asked. the case.

testimony. He refused, and testi- pardon plea in 1926. Governor ment against him,

I'm bound to win my vin- On a sweltering afternoon in fied that Oxman was not in San Young, asked for a pardon in 1929, įmaved dismissal, saying the origi

but the state dicntion in the enl," Date July, 1916, marchers were Francisco the day of the explosion, denied it. but said that if Mac-inal conviction

-And that--end-may-rome--this WAB unjustified. year.

a mere

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The engagement of lovely Marta Eggerth to Jan Kiopura, with whom the appoare in the Gaumont British picture, "My Heart is Calling", is reported. Beth are singers. Miss Eggerth is Austrian by birth. Kispurs was born in Poland, but achieved fame in operatic circles at the State Opera in Vienna, where he met his fiances. The romance developed in England during the making of "My Heart is Calling" and bath have since been signed to appear in Hollywood films.

ENLISTING IN AMERICA

BUILDING UP NEW ARMY STRENGTH

Washington, July 1.

Medion, Air Corps, or Signal Personnel.

The onlisted strength of the regular army as of March 31, 1935, latest official tabulation, was proximately 120,000. Enlistmenta will bo only for the grade of pri- vate, and will be absorbed entirely in existing organisations,

ap-

The projected recruiting is in- The United States Army to-day tended merely to bring the army "was prepared to start enlistment to the strength authorised by Con- campaigns 'Intended eventually to gress in the War Department ap | —— Bring the enlisted strength to propriation Act for the fiscal your 165,000 an authorised by Congress. 1986, and the army at 165,000 wili | National Defence Act of 1920.. and that in addition the five-year fantry, Cavalry, and other combat

Permissible recrulting in the still be far below the strength of War Department officials point air corps programme had not hoon branches. Many Infantry, nius corps areas has been fixed at 280,000 authorised (but never suf-ed out that the enlisted strength supplied with new recruits, but had Cavalry companies have been $1,700, which does not

include ficiently appropriated for), In the of the army had dropped to 118,000 taken enllated men from the In- undermanned.---United Press.

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