Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-10-30

Chicago, Oct. 29.-Objections to the
conviction of 80 to SO Dynamite plot
tiers" at indianapolis. last December,
were laid before the United States cir
cult court of appeals. today, in an APP
peal of the men to have the verdict
set aside.
On behalf of Frank NJ. Ryan, presi-
dent of the Iron Workers Union, Olaf
A. Tveitmoe, San Francisco, and the
other labor union officers adjudged
guilty of completely in dynamite plots,
Chester H. Krum, their chief counsel,
argued before the court as follows;
That ever If the defendants had been
guilty OF Illegally transporting dyna-
mite and nitro-glycerine on passenger
trains in violation of federal law and
even IL they had blown up the work
OF contractors who refused to join the
union. the statute of limitation had
run against the offence before the men
were tried; that the federal court at
Indianapolis committed an error in al
lowing Ortie E. McManigal and Ed
ward Clark, confessed dynamiters, to
testify against the other men. because
Clark and MeManigal were co-defend-
ants and their testimony was ineom-
petent.
That the destruction of non union
work was an offence against the state
and not against the federal govern
ment.
That the law prohibiting transport
ing OF explosives on passenger trains
was a preeaution of the safety of pas
sengers and was directed against the
railroads.
That the men were convicted be-
cause of conspiracy and of direct vio-
lation on the same evidence and
therefore were punished more than
once for the same offence.
at was as invalid to punish these
men twice or thrice as it would be to
try them more than once on the same
charge" said Mr.. Krum. Further. 1T
is inconceivable that men residing in
Boston. San Francisco, New Orleans,
Duluth. Philadelphia and other places
equally scattered could have got to-
gether with a common understanding
to direct the actions of McManigai
and the McNamaras."
District Attorney C. w. Miller Of In
ment Of the government.
A sentence of seven years, the heavi'
est penalty of all, hangs over Frank M
RYAN. who Is out on $4,000 bond pending
this appeal. He was given the longes
term, Judge A. B. Anderson at indian
apoiis said. because he was president OF
the International Association of Bridge
and Structural Iron Workers Union. ou
Of whose funds the expenses of the dy
namjteres we're paid.
SIX years Imprisonment is the penalty
which Olaf A. Tvaitmore OF San Fran
1isco and each Of six others ask to b.
set aside. Tveitmore is Labor leader
prominent on the Pacific coast. He ant
the six other men were given the SECOND
longest terms because they were fount
guilty of voting to appropriate the union
funds for dynamiting non-union worl
or actually aiding John ]. and James b
Mcnamara in explosions on the Pacific
coast
The other prison terms, most of whicl
have been suspended pending the appeal
vary from four years to one year an'
ons day.
Three days Of the present court ar,
80 be devoted to the hearing on the ap
peals and the governments opposition
1t 10 likely that when the argument
concluded Judges Kohlsaat, Baker ant
Seaman. will take the petition under ad
visement. 1t Is understood that shoul
the present appeal be adverse to tn
convicted 1t will be carried to the Unit
ed States supreme court.
The basis OF the appeal as outlined b.
Chester II. Krum of st. Louis and Eli