1935-07-05 — Page 3

THE HONGKONG TELEGRAPH FRIDAY, JULY 5, 1935.

FREEDOM FROM

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 Tom streeta for a parade to urge pre- At 2:06 p.m. Mooney 19 years ago may swing paredness for war.

an infernal machine enclosed in open within a few weeks.

suitcase which had been left standing on the sidewalk explod ed, scattering bullets, steal ball- Ten people bearings and debris. died there in the street and 50 or more were torn by flying frag- ments.

If they do, it will mean the ben ginning of the end of one of the most famous cases of modern to times-a

comparable France's Dreyfus case in duration and Implication.

CRSC

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 case.

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 suspect- ed. Billings had already served a Such freedom would come prison term for illegally transport- merely as a commutation of hle ing dynamite. Mooney was known life sentence. Mooney wants more through his writings for radica! than that. He wants vindication. papers and his past career. as a wheels of the law "direct action" advocate, and Bill- The slow would grind on toward that goal ings had worked for him. In their even after Mooney had been freed. rooms, or in reoms easily available Governor Merriam has before to them were found explosives and him a resolution from the State materials similar to those used by Assembly asking that Mooney's the perpetrator of the bomb out- sentence be commuted, entirely rage. without regard to whether he is guilty or not, pointing out that he has served 19 years in prison- more than many life-termers serve -and that commuting his sentence is as good a way na any to get rid of a troublesome and tiresome

affair.

of the 60 or more people wounded by the bomb Mooney and Billings were accused of planting.

WIFE ALSO ARRESTED

They were arrested, with Moon- other cy's wife, Rena, and two men.

Billings was tried first. John

upd

Tom Mooney, America's Dreyfus.

"not

The judge instructed guilty verdict, and Mooney serves time to-day under conviction for the very net of which the later jury acquitted him.

California superior courts have consistently taken the position that the state constitution pro- vides that on, an appeal, only evi- dence actually heard at the first triat can be reviewed. As the evidence in Mooney's. favour bas been mostly unearthed since his trial, state courte gave no relief, and all efforts to get a new trini under California law failed.

State procedure exhausted, the Mooney defenen worked its way jup through the federal courts, seeking a habeas corpus. Finally this appeal reached the U. S. Supreme Court, which said in effect: "If California law really afforda no relief to a man convict- jed on perjured testimony, that is too bad for California. State courts must provide much relief, because they must bow to the U. S. Con- stitution, as the supreme law. And that supreme law guarantees every U. S. citizen that he shall not be deprived of life, liberty, or property without due process of lan, nor shall any person be denied the equal protection of the laws. Go back, now, and remind the Californin courts of this, and seo if they won't take a different view of the legal barriers that prevented them from acting be- fore. If they won't, come back and see us."

COURT RULING AWAITED

Mer-

That suggestion is now being followed, In a habeas corpus pro- eceding before Superior Judge MacDonald, Itinerant waiter, tes Oxman was tried for perjury, was Donald could be found to verify in This reasserts the perjury and Edward 1.. Butler in San Rafaci. tified that he saw four of the ne-acquitted, and passed from the affidavit he had made repudiating emphasizes the Supreme Court's

his testimony, the case might be admonition To show how the echoes of a cused at the scene of the explosion, scene.

to the California Mrs. Mooney and the other two reopened. tragedy like the Preparedness Day Estelle Smith testified she saw

courts that the U. S. Constitu- bombing echo down the years, the Billings there with a suit-cane.accused men were nequitted,

MacDonald was found, and re-tion's guarantee is superior to the

his A stout defence raised large pudiated was intro- He was convicted, given a life sen-

former testimony state Assembly's resolution

constitution's limitations. duced by Assemblyman Brennan, tence, and still is in Folsom Prison. funds and began a fight that has He said Prosecutor Charles M. Judge Buller's decision is expect

At Mooney's trial came a'sensa-never lapsed in nearly 20 years, Flekert had induced him to say heed late this month. If it is un- who. 19 years ago was one of the attorneys who prosecuted Warren tion. Snapshots of the parade The moulders" machinists had seen Mooney and Billings at favourable, the way is open to re- K. Billings, convicted with Mooney. taken by a disinterested amateur unions were active, several liberal the scene of the crime. Other turn to the U. S. Supreme Court And one of those who opposed the from the roof of a building show-lawyera and editors stuck with it, state witnesses were discredited. Considerable pressure in being resolution was. Assemblyman Char-ed the Mooneys there watching the and more radical groups raised the The state Supreme Court, sitting brought on President Roosevelt fen W. Fisher, who freely admitted parade, almost a mile from the Mooney issue to more than a mere as a fact-finding body, heard Mac-hy a group of 12 senatora and 17 his prejudice because he was one scene of the explosion. Further, question of an individual's guilt or Dongid and Billings, but again a congressmen, asking him to use

the pictures included a clock on an innocence. There is evidence that pardon was denied both men.

Governor his influence on other building, which registered as forces Interested in keeping Mooney The campaign to free Meaney riam for a pardon And the legis late as 2:01, only five minutes be-in jail did as much for their point never slackened. His aged mother, lature's resolution asking Mer- fore the blast. This was regarded | of "view. Thas, the Mooney case Mrs. Mary Mooney, addressed pro-rism to commute Mooney's 119 a perfect alibi. But Mac- became an Issue:

test meetings. Mayor Jimmytence to time already served may| Donald's evidence was corroborated Late in 1918, Governer Stephens Walker made his spectatenlar trip bring him freedom at any time. by Frank Oxman, Oregon cattle-commuted Mooney's sentence to life to California to present a pardon

Mooney, cheerful and in good man, who said he saw Mooney and imprisonment, but refused pardon, plea to his friend Governor Rolph spirits as he goes about his work Moon though President Wilson himself as cameras clicked under Klieg at San Quentin, is not downheart. Billings plant the suitcase.

of was convicted Feb. 21, 1917, and instigated a careful study of the lights and Communists did a littleed despite nearly 20 years

case and urged its further eon- demonstrating outside the State prison life. sentenced to hang.

sideration. New trial was several Building. Rolph and his succes-

"I'm rare we are on the right times refused; an effort to have the sor, the present Governor, Mer-track now," he recently declared. verdict set aside as a conspiracy to riam, again denied the pardon. E

"I'm not worried about the Inter- pervert justice failed.

CLEARED OF MURDER CHARGE Imellate steps. I'm confident that GOVERNORS BAULK AT PARDON

now I'll have a chance to present In 1931 Mooney wont to court my case--and that's all I've ever Governor Richardson denied on a remaining murder indlet-asked. I'm bound to win my vin- testimony. He refused, and testi- pardon plea in 1926. Governor ment against him. but the state dication in the end." On a sweltering afternoon in fled that Oxman was not in San Young, asked for a pardon in 1929, moved dismissal, saying the origi- And that end may came. late July, 1916, murchers were Francisca the day of the explosion, denied it, but said that if Maenal conviction unjustified. year.

REAL FACTS OBSCURED

That illustrates the cross-cur- rents of personal feeling that have run through the Mooney case from the beginning. The case has been taken up by various organisations, most publicly by those interested Ju promoting class struggle, until It has been obscured as a mere criminal case, and been turned into The long series of legal appeals

endless symbol. The

legal and procedures began. Meanwhile rigmaroles, the switching and re- witness, Ed Bigall, was found switching of testimony by wit-who testified that Oxman had tried! nesses, have confused people about to get him to back up Oxman's : the case.

{[

PERJURY CHARGE FAILS

Was

sen-

this

"Calmitol"

STOPS ALL ITCHING!

Eczema, pimples, itching Hongkong-foot, scalp scurvy are no longer necessary when relief is so simple.

Calmitol will show what it will do for you with one application, first apply at night and note improvement next morning.

Manufactured by

5. A. ANCT. B. SIEGFRIED (Switzerland!

Sole Agents for Hongkong and South China - MAY KEE HONG (Hongkong), LTD. Asio Life Building. Tel. 31651.

AEROMAIL

Facsimile of

Watermark

SPECIAL

REDUCE YOUR

AIR MAIL CHARGES

BY USING

THE "POST" AEROMAIL LETTER PAPER

AND ENVELOPES.

EXTREMELY LIGHT

AND STRONG

ON SALE AT:-

THE SOUTH CHINA MORNING POST, LTD. Wyndham St.

Tel. 26615.

The engagement of lovely Marta Eggerth to Jan Kispura, with whom she appears in the Gaumont British picture, "My Heart is Calling", is reported. Both are singers. Miss Eggerth is Austrian by birth. Kispura was born in Poland, but achieved fame in operatic circles at the Stats Opera in Vienna, where be met his fiances. The romance developed in England during the making of "My Heart is Calling" and both have aloch been signed to appear in Hollywood films.

ENLISTING IN AMERICA

BUILDING UP NEW

ARMY STRENGTH ··

Washington, July 1.

The United States Army to-day

Medical, Air Corps, or Signal Personnel.

др

Tho enlisted atrength of the regular army as of March 31, 1935, latest official tabulation, was proximately 128,000. Enlistments will be only for the grado of pri- vato, and will be absorbed entirely.

in existing organisations.

A colourful scene as King George and Queen Mary, with other members of the Royal Family, at the ball

given to commemorate the Jubile year at the Gulidball, London.

The projected recruiting is in- tended merely to bring the army was prepared to start. enlistment to the strength authorised by Con- campaigns intended eventually to gross in the War Department ap bring the onlisted strength to propriation Act for the fiscal your 185,000 as authorised by Congress. 1936, and the army at 160,000 will National Defence Act of 1920,

Permissible recruiting In the still bo far below the strength of nins corps areas has been fixed at 280,000 authorised (but never sut- $1,700, which does not Include aciently appropriated for in the

and

and that in addition the five-year fantry, Cavalry, and other combat War Departinont officials point- air corps programme had not been branches. Many Infantry, ed out that the enlisted strength supplied with now recruits, but had Cavalry.companies have been

from the In-undermanned. United Press. of the army had dropped to 118,000 taken enlisted mon

PADS CONTAINING 100 SHEETS, LETTER SIZE, $1.00 ENVELOPES IN 3 SIZES, $1.75 TO $2.75 PER 100. SMALLER QUANTITIES ALSO AVAILABLE.

THE

HONGKONG

PENINSULA HOTEL:

HONGKONG HOTEL: REPULSE DAY HOTEL;

PEAK HOTEL

& SHANGHAI

ASTOR HOUSE; PALACE HOTEL:

HOTELS

LIMITED.

In association with the Grand Hotel des Wagons Lits. Poking

Penang

The Scenic, Gem of Malaya

Runnymede Hotel

Malaya's Promier Hotal

also under the same management THE CRAG HOTEL

Penang Hill ~~~~A-health-station)

CABLES "RUNNYMEDE"" RUNNYMEDE HOTEL, LTD.