Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1913-11-07
DYNhmlTERS
RAILR0ADED TO JAIL
Defense TO CONTEND
Appeal 10 Have vsrdiets Set Aside
in Famous Conspiracy Case
Made s.fer. Court
at chicaso.

Chicago, Oct. W.--C0ntep0lng that the
30 union labor officials convicted at
indianapolis last December for COM
plicity in the Mcnamara dynamite
plots. has been punished three times
for the same offence ana had been rail-
ronded to JAIL attorneys for the cdp-
victed appealed to the y. g. circuit
court Of appeals today to have the
Judgment set aside.
the argument in behalf OF Sc OF
the men. Three others ire not involved
In the appeal, one remaining in the
federal prison at I~eavenworth. Kan.
and two others having been paroted.
We Will show that these men not
only did not have q fair trial. but that
they we're punished three times fof
the same cfeense," said Attorney To-
line.
Thrice Convicted.
First. they were convicted OF conf
epiracy with Ortie q. McManignl and
the McNamaras to violate the federal
passenger trains; secondly. they were
convicted OF actually carrying ex-
p,losives, ana thirdly. they were n
victed in the consolldated offense.
"An these convictiops were based
were fixed accordingly. For instance
Frank n. Ryan was given seven years
on the contention that he committed
three offenses by n act"
MT. Zollno quoted authorities to show
bar to 9 conviction on another. when
both offenses are based on h same
evidence.
1--WE also contend that these men
were railroaded to JAIL asserted Mr..
Zolines After their conviction at In,
df0 ma mile HhA~ ~AMA rNAS Nfveap~ tf-~ 81
apply for q writ of, error but imme-
dlately were rushed To the p~enitentiary
at Lcavenworth. II the court pleases,
these men are union workers. They
construct beautiful houses. but they
don't live In them. They are laboring
men. hut are entitled TO a, fair chance"
Only. two OF the convicted men were
IN they were Mr.. Ryan who
still Is president OF tho International
Association Of Bridge q Structural
iron Workers and Richard Fl. IIouliheu
OF Chicago.
Mr.. Ryan had served only . few
weeks of his seven year sentence when
he was released on bonds.
Thirty OF the 50 labor union Of
eo,'.s , wnS were .Sa - adjudged equally
In promoting explosions ask that the
present court set aside the verdicts
rendered at Indianapolis last Deem
Der. and that they be given a new
trial. Opposed to them. h federal
men DO sent back to prison al Leaven-
worth. Kan, to serve out their terms.
Thres days Of the present court are
TO be devoted to the hearing of the
appeals n The governments OPPOSE
ton. II is likely that when the ar
gument is concluded, Judges K~ohlsaat,
Bake: and Seaman VIII take the Pc
titton under advisement and render
their decision at some later date.
It Is understood hat should the
present appeal be adverse to the corr
yicted nler. # Will ba carried to the
United States supreme court. The ha-
ytsSOf the appeal as 'cut!fned by Ches-
tier A. Cruln. OF st. Louis, and Elijah
N. SOline, of Chilagoythe counsel, is:
That undey h 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.
That there being no stich conspir-
acy the defendants could not have
beens guilty ss principals in the carry
tng OF explosives by Ortie McManfgat
and the -McNamaras.
That the defendants did not have
= fatr trial"
District Attorney Charles ". Miller.
Of Indiana, g charge OF the govern
Uent,s case, the brief Of which con-
aim nor than TOO pages.
Among those who are not appealing
y Herbert s.. Hockin, now serving q
stx-year term at Leavenworth. He was
called the sIag0" OF the conspiracy. It
was charged that he not only carried
1ynaMite 2 nitroglycerine. In q. suit
detectives while IN the coincidence Of
bic co-conspirftorr.