Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1914-01-06

springfield, III, and w. Bert Brown
of Kansas city, are declared fully
implicated by McManigars evidence.
The other men refused appeal are
Edward Smythe OF Peoria. M Geo.
Anderson, of cleveland; Frank J..
Higgins Frank "a Painter. of Omaha;
Fred J.. Mooney. 81 Duluth, Mimi
william shupe of Chicago. and MI
chnel }. Cunuano of Philadelphia
There ~ NO ground tor reversal Of
the judgments against any of them,
the cour, OF appeals declares.
In reversing the convictions of
Tveltmoc, Mccain, Ray. Houlihan.
sherman and Bernhardt. the decision
says;
we are Of the opinion that the
evidence ~ insufficient Ca establish u
primn facic case Of co-partnership In
the offenHes charged against any Of
them. Their sympathy aud particlpa-
tion In the general objects of the or
sanizntion may be assumed from the
evidence. but we are not advised of
proof 81 their actual participation in
any of the ononses chargcd in the In
dictments
In reference 10 Tveitmoc. the fa, {
that he Ia not a member of the assoc
ciation IN not important. ON the
other hand, his undoubted sympathy
with and cooperation In the great
strike in California does not involve
completely In the conspiracy.
"The testimony by McManigal ST
references by McNamnrn To Tyoitmoc
az the old man of tho coast who
wanted a Christmas present IN not
sufficient to Identify Tvcltmoc with
the conspiracy.
"rho testimony cited against the
other nve men granted rc-trial does
not require specification except as 10
eases We found cause Cor hesitation
on the question of Identity.
The eases of an six therefore are
rcmsndcd 90 the district court for q
new trial for each"
The arguments Tor the appeal were
heard by Federal Judges Kohlsnat.
Baker and seaman during several
dnys following November IS 1914.
The government was represented by
Charles W Miller district attorney of
Indianapolis and r. y. Zoline and
Ip H O'DonneH Of Chicago. and
chester " Krum OF indianapolis ap-
peared for the defendants.
The defendants were convicted on
| nfty-twO counts two charging con-
spiracy and nifty charging specific Of
lenses involving twenty y-five trauspoI
tations ~ explosives.
The decision commented on the ma
turc Of the evidence In the Indian
apolis trial saying.
Tho evidence presented In the
printed bin of exceptions makes sew
oral printed volumes and u is nOinbi,
that no error is assigned Tor oxcep-
tlon or rejection Of testimony through.
out the trial except as TO the admis-
Fihinty Of testimony hy McMnniga
and Clark. who were defendants un-
der the Indictment"
| Concerning the conspiracy charRei
the decision reads:
Both conspiracy counts plainly
aver "a continuing conspiracy 20 COM
init continuous unense against th,
United states. IN the carriage OF pro
hihited explosives aa described. The
contention that the purpose for which
the explosives were to be used wal
not within federal cognzance is en-
,lroly outside Of the issue. n the
carriage of the explosives was The
subject matter of the conspiracy ~
violation 81 the federal statutes
would establish the conspiracy with
In the terms Of the federal statute.
Mccain was business agent 0f locn
No. i6 of the ironworkers' assocla
tlon az Kansas city. Ray was presi
dent of local No. li2 at Peoria
Houilhan was financial secretary o
local No. 1 at Chicago; sherman wa
president OF local 40 % Rt lndian
apous. Bernhardt was nnancal sec
retary Of local a. at Cincinnati
Attorney zoline said that ne ha'
advised Ryan not to make state
ment and that the latter would ahid
hy Il.
Six Of the 20 men sentenced are 81
prison at Lcnvenworth, the other
having been released on haii
The men In prison are Herbert
Hockin. Detroit. formerly secretary q
the Ironworkers union, John T. but
Ter, T.. a. Cooley New orleans
, Frank g.. webb, New York; NJ
Cunnanc. philadelphia, aud Murray
peuuou. gprlunnold. M