Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1913-11-07
ALLEGED DYNhml1ERS
RAILRoADED TO JAIL
Defense TO CONTEND
Appeal 70 Have vsrdiets Oct Aside
in Fsmous Conspiracy Case
n'ds s.ters Court
at Chicago.

SNtCdSC, OCI. |V."-(QuV0yVILE TIA tilSs
80 union labor officials convicted at
Indianapolis last December Tor com-
plicity in the Mcnamara dynamite
plots. has been punished three times
for the same offence and had been rail-
roaded to jail' attorneys for the COP
victed appealed to the y. 6. circuit
court Of appeals today to have the
Attorney Elijah ". Zoline. began
the argument in behalf OF 80 OF
the men. Three others ire not involved
I'm the appeal. one remaining in the
federal prison at Ieavenworth. Kan.
and two others having been paroted.
only did not have a fair trial. but that
they were punished three ttmex fol
he same ofterse,' said Attorney 20.
!;ne.
Thrice Convicted.
First, they were convicted Of COM
the McNamarap to violate the FEDERAL
law against carrying explosives on
passenger trains; secondly, they were
convicted of actually carrying ex-
p~losives, n thirdly. they were cons.
victed In the consolidated offense.
on tho evidence. The punishments
were fixed accordingly. For instance
Frank n. Ryan was given seven years
on the contention that he committed
three offenses by act"
MT. Zoline quoted authorities to show
that q conviction on enc Offensa 1s q
bar to Q conviction on another. when
both Offenyes are based on the sams
evidence.
I'VE also contend that these men
were railroaded to jail" asserted Mr.:
Zolinek After their conviction at In,
dianapolis they were not given time ID
apply for q writ of error but imme-
dlately were rushed To the penitentiary
OF Lcavenworth. II the court pleases!
these men are union workers. They
construct beautiful houses. but they
don't live In them. They are laborine
men. hut are entitled 10. q, fair chance"
Only. W OF the convicted men were
IN u !11ey were Mr.. Ryan who
still Is president Of tho International
Association Of Bridge q Structural
OF Chicago.
Nj: Ryan had served only a few
weeks OF his seven year sentence when
he was released on bonds.
Thirty Of the ss labor union Of
guilty with the McNamara brothers
In promoting explosions ask that the
present our set aside the verdicts.
rendered at Indianapolis last Deem
her. and that they be given q new
LAAdts VRROS0O 10 IuSxls tQ0 fI0QoT0l
government asks that the convicted
men be sent back to prison at Leaven-
worth. Kan, to serve cut their terms.
Tnres days Of the present court are
TO be devoted to the hearing of the
appeals and h governments oppose
ton. Il. is likely that when the ar
gunnent is concluded, Judges Kohlsaat,
Bake: and Seaman VIII take the pc
titton un0er advisement and render
their GectsiOn At some later date.
It Is understood that should tho
present appeal be adverse to the corr
vtcted nlen, It will bH carried to the
United States supreme our The ba-
yisSOf inc appeal rs. c,ls!fned by Ches-
Eter A.. Crurn. OF st. Louis. and Elijah
N. Soline. of ChilagoS the counsel. is:
That nde the federal statutes there
Is no such a crime as the conspiracy
conspiracy to Violate tile law against
the interstate Shipment OF explosives
on passenger trains.
there being no such conspir-
acy the defendants could not have
been guilty as principals in the carry
ing OF explosives by Ortie McManigal
md the rMcNamaras.
That the defendants did not have
Z fair trial."
District Attorney Charles w. Miller.
Of Indiana, has charge OF the govern
Nentss case. the brief of which con-
aims more than 100 pages.
Among those who are not appealing
y Herbert s.. Hockin, now serving q
stx-year term at Leavenworth. He was
s9lled the 'sIago" Of tho conspiracy. It
Twas charged that he not only carried
Saynamite and nitroglycerine In 2 suit
detectives while In tho confidence OF
bis co-couSpirat0rs.