Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-06
new TRIAL REFUSED
DYNAM|RNG CREWS
CONVICTION IN TWENTY.
FOUR CASES.
SIX GRANTED NEW TRIALS
BECAUSE OF WEAK EVIDENCE
Court Rules Tvitmos Was Not Fully
Identified a. Active Partioip ant
Sentence Of Seven Years Imprison-
mont Against Ryan Allowed to Stand
Attorneys Say They Will Appeal.

Association Of Structural Iron Work
ers was confirmed by the United States
circuit court Of appeals here In
twenty-four cases. Six cases were re-
versed.
The cases reversed were remanded
to the lower court for retrial. The
defendants In these cases are Olaf A.
Tvitmoe, SanFrancisco: William Nc
Cain. Kansas City, Mo-: James E. Ray.
Peoria, ILL.,: Richard H. Houlihan. Chi
cago; Fred Sherman. Indianapolis.
Ind: William Bernhard, Cincinnati,
Ohio.
Ryan Sentence Affirmed.
The sentence OF seven years penal
servitude against Frank NJ. Ryan. OF
Chicago, president Of tho association.
was affirmed. There were thirty-two
convictions on charges OF conspiracy
to transport dynamite, the dynamite
cases growing out Of illegality. Two
Of the men did not appeal.
Ryan was the only defendant In
court when the decision was rendered.
No effort will be made by the govern
ment to compel the return to prison OF
the men denied retrial pending the
hearing of their petition for a rehear-
ing OF the case. II this petition ID
denied, It was announced by E N. 20
line. OF counsel for the convicted dy-
namiters, that an appeal will be taken
TO the United States supreme court
o+hers Who Lose on Appeal.
r. Munsey, Of Salt Lake City, 10
declared to have personally assisted
James McNamara in explosions at SAT-
Lake. Peter J. Smith, Of Cleveland. W,
was chiefly implicated on McManigafs
evidence: Paul +. NORM. OF St LOUIS
,Wiluam E. Reddin. Of Milwaukee:
Michael ]. Hannon, of PennsJlvania;
Murray L. Pennel, Of Springfield, IN;
ana ". Bert Brown. OF Kansas City.
are declared fully implicated by, NC
;Manigars evidence.
rhe other men refused reversal arc
Edward Smythe. Of Peoria. ILL.,; George
Anderson, Of Cleveland: Frank ]. His-
gins, Frank III. Painter. OF omana;
Fred J. Mooney. of Duluth. Mimi: Will
liam s. Hube, Of Chicago; and Michael
]. Cunnane, Of Philadelphia. There Is
no ground for reversal OF the Judgment
against them, the court OF appeals de-
clared
,-v Six Did Not Participate.
In reversing the convictions OF
Tyeitmoe, Mccain. Ray. Houlihan.
Sherman and Bernard the decision
says:
1--WE are Of the opinion that evidence
Is insufficient to establish g. prima facle
case Of co-partnership In the offenses
charged against any Of them. Their
sympathy and participation in the gen.
eral object Of the organization may
be assumed from the evidence, but we
are not advised Of proof Of their ac-
tual participation in any Of the Of
lenses charged by the indictment.
In reference to Tveitmoe the fact
that he is not q member OF the as
soc.ation Is not important. On the 9TH
er hand his undoubted sympathy with
the association in the great strike In
does not involve completely
in the conspiracy.
"The testimony Of McManigal OF
references by McNamare to Tveitmoe
as the old man Of the coast who
wanted Christmas present Is not
sufficient to identify Tveitmoe with
the conspiracy.
Rsmandsd For Rstriai.
"The testimony cited against the
other five men granted retrial does
not require specification except as to
Ray and Sherman. In each Of these
cases we found cause :or hesitation on
the question Of Identity.
1.-THE case Of all six therefore are
remanded to the district court for q
new trial for EACH"
The arguments for tho appeal were
heard by Feredal Judges Kohlsaat,
Baker, and Seaman. during several
days following Nov. 2S. 1918. The
government was represented by
Charles L. Miller. district attorney Of
and e. N. Zoline and P.
H. O'Donneu. Of Chicago. and Chester
II. Crum, Of Indianapolis. appeared
>An 49,