Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-29
Defendants Ask That verdicts
Rendered in Indianapolis
Be Set Aside.
PLEA MADE FOR THIRTY
UNION LABOR OFFICIALS
Revives Story Of Nation. Wide Plot
Which eliminated Fatally in
Los Angeles.

CHICAGO. October 2s.-Another chap
ter In the nation wide story OF tho
dynamite plots fhich extended through
out the country and eliminated
In the fatal explosion in Los Angeles
In 1910 was written today when tho
case was called before the United States
circuit court OF appeals.
Thirty OF the thirty-three labor union
onhcials who were adJudged equally
guilty with the Mcnamara brothers In
promoting explosions ask that tho
present court set aside the verdicts
rendered at Indianapolis last December
and that they be given a new trial. OPP
posed to them. the federal government
asks that the convicted men be sent
back to prison at Leavenworth, Kan.
to serve out their terms.
sentence Of seven years. tho heavi-
est penalty OF all. hangs over Frank
NJ. Ryan. who Is out on $4,000 bond.
pending this appeal He was given tho
longest term, Judge A. Is. Anderson
at Indianapolis said. because he was
president OF the International Assoc.a-
workers. out of whose funds the ex.
psnses Of the dynamiters were paid
Six Years Each for Seven Of Them.
Six years imprisonment Is the penalty
which Olaf A. Tveitmoe OF San FRANCHISE
and each of six others ask to be set
aside. Tveitmoe is a labor leader promi-
nent on the Pacific coast He and the
six other men were given the second long
est terms because they were found guilty
Of voting to appropriate the unions
funds for dynamiting non-union work or
actually aiding John j. and James =.
ev ~pln fhA 40
coast
The other prison terms, most of which
have been suspended. pending the APP
peal 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 appeals and the governments oppo-
sition. 1t is likely that when the argu-
ment IL concluded Judges kohlsaat, Bak-
er and Seaman will take the petition UNI
der advisement. and render their deci.
that should the present appeal be adverse
TO the convicted men II will be carried to
the United States Supreme Court.
Basis Of the Appeal.
Tho basis of the appeal. as outlined by
Chester B. Krum OF St Louis. and Elijah
N. Zoline Of Chicago. the counsel. Is:
That under the federal statutes there
10 no such crime as the conspiracy OF
which the men were convicted. viz: con-
splracy to violate the law against the
Interstate shipment OF explosives on pas
senger trains.
That there being no such conspiracy
the defendants could not have been
guilty as principals in the carrying Of
explosives by Ortie e. McManigal and
the McNamaras.
That the defendant did not have fair
trial
District Attorney Charles w. Miller OF
Indiana has charge Of the governments
case. the br.ef OF which contains more
than 700 pages.
Herbert Hockin an Appellant
Among those who are not appealing
il Herbert 8. Hockin. now serving q
six-year term at Leavenworth. He was
called the 'Iago" Of the conspiracy. II
was charged that he not only carried
dynamite and nitroglycerin in a suit
case, but that he gave information to
detectives while in the confidence Of his
co-conspirators. At first he appeared
among the defendants at the tr al at
Indianapolis. but later he was abandoned
by his counsel and was kept in Jail
before the case went to the jury.