The Madisonian. (Richmond, Ky.) 1913-1914, 1914-05-19
RAPS US. AID IN
DYNAMITE CASES
Prosecutor Miller Fighting New
Trial for Three Is Cross
Examined.
JUDGES PAINT OUT HIS DUTY
Former Government Attorney Admits
He Did Not Question Witness on
Point Held important to
the Defendants.

Chicago, May tS.-Charles w. Mil
Ter, former United States district at
torney of Indiana, whose prosecutions
in the great labor dynamite conspiracy
led to the conviction of 80 labor lead
ers in 1912, and the three justices of
the United States Circuit Court of
Appeals at Chicago were matched
against each other here. Mr.. Miller
was before the court arguing for a
rehea-ing on the granting of new
trials to three of the convicted men by
the higher court. His argument soon
led him into being subjected to a rigid
cross-examination which developed in
to test of ability to analyze the great
volume of testimony that was present
ed in the Indianapolis trial.
Court Questions Prosecutor.
Mr.. Miller contended that the testi-
mony clearly showed the three men to
have been part Of the conspiracy.
AS he presented each point in his ar
gument there was rapid fire battery
of questions from the presiding judges.
Before beginning his argument Mr..
Miller was informed by the, court that
the burden was upon the govern
ment"
The three convicted men whose
chances for a new trial depend upon
the result of the rehearing are:
Richard H. Houlihan of Chicago.
William Bernhard of Cincinnati.
Olaf A. Tvietmoe of San Francisco.
Relative to the case of Houlihan,
Mr.. Miller pointed out that the testi-
mony had shown that Houlihan, as
financial secretary of local union No. /
of the International Association of
Bridge and Structural Iron Workers,
had given an envelope containing $165
to Ortie McManigal, the money having
been drawn from the International as.
sociation's treasury by Herbert s.
Hockin after McManigal had pulled
off an explosion at Clinton, Iowa, al
Hockin's direction"
Was Testimony Corroborated?
WAS the testimony of McManigal
on that point corroborated?" Judge
Baker asked.
No, not en- that point" Mr. Miller
admitted The testimony of the gen
eral conspiracy was corroborated"
One of the other judges asked il
Houlihan had denied giving the en-
velope to McManigal and the attorney
admitted such denial had been made
| Hockin, he said, was not on the wit
ness stand. 1t developed then thai
/ there was only the testimony of Nc
Manigal against the denial of Houl
Than on the envelope episode.
Showed Hockin Drew $165.
| Mr.. Miller scored a point when hi
| declared that the testimony showed
that Hockin had drawn $165 from the
international association at about the
time of the episode, although the rec
ords did not show the purpose fol
which the money was drawn.
The cross-examinationso the prose
cutor by the judges became enlivenet
when Mr. Miller argued on the Bern
hardt case.
Mr.. Miller read correspondence tha
Rhad been presented at the trial H,
pointed out letters between Bernhard
and John ]. Mcnamara, as well as be
tween Mcnamara and Edward Clark
who pleaded guilty of his connection
with the conspiracy and was a gov
ernment witness
The correspondence showed tina
Bernhard had written to McNamara
pointing out that Clark was going t,
Indianapolis from Cincinnati to ex
plain to the international executiv,
board the situation at Cincinnati"
"Duty to Ask Witness"
4 The court asked Mr.. Miller If an,
! testimony showed that Clark had dis
! cussed with Bernhard the matter t,
be taken up with Mcnamara Mr.. Nil
Ter said Clark had not been examine,
on that point.
CLARK was on the stand, was b,
not?" one of the judges asked.
"Yes, he was,'' Mr.. Miller replied.
Then there was the opportunity, i
not the duty, to ask him relative t,
conversations he may have had witt
Bernhardt," one of the judges said.
Mr.. Miller admitted also that tn,
governments counsel had not exam
ined Bernhardt regarding his knowl
edge of the instructions given Clarl
when he went to Indianapolis, shortl,
before several dynamite explosions a
!. Cincinnati, although Bernhardt ha'
been on the witness stand in his owl
defense and denied all knowledge o
the conspiracy.