Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-29
OFFICIALS OF IRON WORKERS
UNION ASK THAT JUDGMENT
BE SET ASIDE.
HEARING IN CIRCUIT COURT
OF APPEALS At CHICAGO
Attorneys For Union Heads Claim
Men Were Punished Thres Times For
Same offenss and Were RaiIroaded
to JaiI-Also Claim Fair Trial Was
Denied.

the thirty-three labor union officials
convicted at Indianapolis last Deem
Der for completely in the Mcnamara
dynamite plot had been punished
three times for the same offense and
had been railroaded to jail" attorneys
for the convicted men appealed to the
United States circuit court of appeals
today to have the judgment set aside.
Attorney Elijah N. Zoline began the
argument in behalf of thirty of the
the appeal. one remaining in the fed
eral prison at Leavenwcrth. Kan. and
the two others having been paroled.
1--WE will show that these men not
only did not have a fair trial but that
they were punished three times for the
same offense," said Attorney Zoline.
First they were convicted of conspir-
acy with Ortie T.. McManigal and the
McNamaras to violate the federal law
against carrying explosives on passen-
ger trains: secondly. they were con-
victed of actually carrying explosives.
and thirdly. they were convicted In the
consolidated offense. All these convic-
tions were based on the same evidence.
The punishments were fixed accord
ingly. For instance. Frank M. Ryan
was given seven years on the convic-
ton that he committed three offenses
on one act
Claim Defendants Wore Railroaded.
Authorities were given to show that
conviction on one offense was bar on
another when both offenses were based
on the same evidence.
1--WE also contend that these men
were railroad to JAIL" asserted Mr.. 70
line.
after their conviction they were not
given time to apply for a writ of error
but Immediately were rushed to the
penitentiary at Leavenworth. These
niea stfs union workers. They con-
struct beautiful houses but do not live
in them. They are laborers but they
are entitled to a fair chance"
Only two of the convicted men were
in court. They were Mr.. Ryan. who
still Is president of the International
Association of Bridge and Structural
Iron Workers, and Richard Hoolihan.
of Chicago. Mr.. Ryan had served only
a few weeks of his seven year sentence
when released on bonds.
Opposed to them the federal govern
ment asks that the convicted men be
sent back to Leavenworth. Kan. to
serve out their terms.
Prison Terms Vary.
A sentence Of seven years. the
heaviest penalty of all. hangs over
Frank M. Ryan. who is out under $780,
900 bonds. Judge Anderson at Indian
apolis. in pronouncing sentence. said
that the sentence was given because
he "was president Of the international
union out of whose funds the dyna-
miters were paid"
Six years is the penalty which Olaf
Tveitmoe. Of San francisco, and each
Of six others ask set aside. Tveitmoe
Is q labor leader prominent on the
Pacific coast. He and the six other
mon were given the longest terms be-
cause they were found guilty Of voting
to appropriate union funds for dyna-
miting non-union works and to aid
John ]. and James B. Mcnamara In
on the Pacific coast.
The other prison terms vary from
four years to one year and one day.
Three days Of the present court are
to be devoted to the hearing of the ap-
peals and the governments opposition.
1t is likely that when the arguments
are completed Judges Kohlsaat. Baker
and Seaman will take the petition un-
der advisement and render their de-
cision at some later date. It Is UNDER
stood that should the present appeal
be adverse to the convicted men 1t will
be carried to the United States su-
preme court.
Basis Of Appeal Outlined.
The basis Of the appeal as outlined
by Chester II. Krum. Of st. Louis. and
Elijah e. Zoline, Of Chicago, the coun-
sci. is:
That under the federal statutes there
IA no such crime as a conspiracy OF
which the men were convicted: that
is, conspiracy to violate the law
against the Interstate shipment OF ex-
plosives on passenger trains.
That there being no conspiracy the
could not have been guilty
az principles in carrying the explosives
by Ortie r.. Mechanical and the Nc
Namaras.
That the defendants did not have a
fair trial.
District Attorney Charles w. Miller,
Of Indiana, has charge OF the govern
ments case. the brief Of which con-
tains moro than 700 pages.
Hoekin Makes No Appeal.
Among those who are not appealing
is Robert g. Hockin. now serving a six
year term at Leavonworth. He was
called the 'Tago" Of the conspiracy. 1t
was charged that he not only carried
explosives in. q suit case but that no
gave information to detectives while
In tho confidence OF his conspirators.
New Trial Refused Or. Deerfooe.
Special to mes-Republican.
Iowa City. Oct. 29.--Judge Howell
overruled tho motion for new trial for
''Dr. Deerfoot," in the wife murder
case. He will appeal to the supreme