The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-10-29
Convicted Iron Workers Ask
for q New Trial.
WANT VERDICT SET ASIDE
On Ground That There Is No
Such Crime
AS That With Which Con-
demned Men Are Charged.

Chicago, Oct. 29.-Contending that
the thirty-three labor union officials
convicted at indianapolis last De-
cember for completely in the McNa-
mara dynamite plots had been pun
ished three times for the same offense
and had been railroaded to JAIL" at
torneys for the convicted men ap-
pealed to the United States circuit
court of appeals today to have the
judgment set aside. Attorney Elijah
N. Zoline began the argument in be-
half of thirty of the men, Three
others are not involved in the appeal,
one remaining in the federal prison
at Leavenworth, Kan, and two others
having been paroled.
I'VE will show that these men not
only did not have fair trial, but that
they were punished three times for
the same offense," said Attorney 70
line
First they were convicted of con-
spiracy with Ortie f. McManigal and
the McNamaras to violate the federal
law against carrying explosives on
passenger trains, secondly, they were
convicted of actually carrying ex-
plosives, and they were convicted of
the consolidated offense.
"All these convictions were based
on the same evidence. The punish
ments were fixed accordingly For
instance, Frank vi. Ryan was given
seven years on the contention that he
committed three offenses by one act"
Mr.. Zoline quoted authorities to
show that a conviction on one offense
is a bar to a conviction on another
when both offenses are based on the
same evidence.
1--WE also contend these men were d,
railroaded to Jail" asserted Mr. 70
line. After their conviction at In
dianapolis they were not given time
to apply for writ of error but were
Immediately rushed to the prison at
Leavenworth. These men are union
workers. They construct beautiful
houses, but they do not live in them
They are laboring men, 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 H. Houli-
han of Chicago
The Appellants.
A sentence of seven years, the heav-
lest penalty of all, hangs over Frank
NJ. Ryan, who is out on $4,000 bond
pending this appeal. He was given the
longest term, Judge A. B. Anderson at
Indianapolis said, because he was pres
ident of the International Association
of Bridge and Structural Iron workers.
out of whose funds the expenses of the
dynamiters were paid.
Six years Imprisonment is the penal
ty which Olaf A Tveftmoe, of San
Francisco, and each of six others ask
to be set aside. Tveitmoe is a labor
leader prominent on the Pacific coast.
He and the six other men were given
the second longest terms because they
were found guilty of voting to ap-
loft hn
hitting nonunion work, or actually aid
ing John J. and James B. Mcnamara
in explosions on the Pacific coast.
The other prison terms most of
which have been suspended pending the
appeal, 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 appeal. and the govern
ments opposition. 1t is likely that
when the argument is concluded Judges
Kohlsaat, Baker and Seaman. will take
the petition under advisement and rem
der their decision at some later date.
1t is understood that should the pres
ent appeal be adverse to the convicted
men it will be carried to the United
States supreme court
Basis of the Appeal.
The basis of the appeal as outlined
by Chester H. Krum of St Louis and
Elijah N. Zoline of Chicago, the counsel,
is:
That under the federal statutes there
is no such crime as the conspiracy
of which the men were convicted viz:
Conspiracy to violate the law against
the interstate shipment of explosives on
passenger trains.
That there being no such conspiracy,
the defendants could not have been
guilty principals in the carrying of
explosives by Ortie E. McManigal and
the McNamaras.
That the defendants did not have a
fair trial.
District Attorney Charles w. Miller
of Indiana has charge of the govern
ment's case, the brief of which contains
more than 100 pages. Among those who
are not appealing is Herbert S. Hockin,
now serving a six year term at Leav-
enworth He was called the"Iago"
of the conspiracy. 1t was charged that
he not only carried dynamite and nj
troglycerin in a suitcase, but that he
gave information to detectives while
in the confidence of his co-conspirators.
At first he appeared. among the de-
PENDANTS at the trials at Indianapolis
but later he was abandoned by his
counsel and was kept in Jail before
the case went to the jury.
October has figured often in the
story of the dynamiters. 1t was in Oc-
tober, 1910, that the Los Angeles Times
building was blown up; October a year
later that the federal government in
terested itself in the case; October a
year later that the trials began at In
dianapolis and now October when the