The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-07
Sentences of "a Con-
victed of Conspiracy
Confirmed.
ORIGINAL TRIAL
AT INDIANAPOLIS
Only Six of Thirty Defendants
Granted New Trials-Pending
Final Adjudication, Govern
ment May Seek to Have
Those Out on Bail Re-
turned to Prison.

twentyfour of the labor union officials
convicted in indianapolis of. con
spiracy to transport dynamite were
confirmed to-day by the United States
Circuit Court OF Appeals of tho Sew
enth District. Six of tho thirty who
appealed were granted new trials.
They are: Olaf A. Tveitmoe. San
City. Mo-: Fred Sherman. Indianapolis
Ind; William Bernhard. Cincinnati;
James L. Ray, Peoria, Ill; Richard
Houlihan. Chicago.
Counsel for the twenty-four within
thirty days will petition the Court of
Appeals for rehearing on new legal
points. III that is denied they will
take the case TO the Federal Supreme
Court Pending final adjudication 1t
Is understood that an attempt will be
made by the government to return
to the Leavenworth penitentiary those
Of the convicted men who are at lib
erty under bond.
The appeal was heard by Circuit
Court Judges Kohlsaat. Baker and
seaman. The decision declares CON
spiracy clearly was shown on the part
OF the twenty-four defendants, and
that challenge of the conspiracy counts
OF the indictments were erroneous:
that the distinction was maintained
between the conspiracy charges and
those alleging performance of the acts
Tor which tho conspiracy was formed
and that the verdict could not be
challenged on the ground that sepa
rate acts and a continuing conspiracy
had been improperly Joined III charges
Contention Is DisnlIowed.
me decision stated succinctly that
McManigal and Clark, though code
Iehdants, were competent witnesses
for the State. The final contention
OF the defendants counsel that the
untteds States had no jurisdiction in
the charges alleged was disnllowed
Counsel for labor oncials heard the
decision with keen disappointment. F.
~ collins, OF the attorneys for the ne
titloners. however. stated that he al.
ready had prepared briefs or three I'm
portant points, which had ksen over
looked in the first appeal
Tho sentence of seven wears peuo1
servitude against Frank NJ. Ryan. OF
Chicago president OF the association
was affirmed.
There We're thirty-threo convictions
in the dynamite cases growing out O,
the blowing up of the Los Angeles
Times Building. Three of the con.
Victed men did not appeal
Ryan was the only one OF the con.
victed men in court when the decision
The decision reads in respect te
Ryons appeal:
This plaintiff was president of the
organization and Its active manager
Letters written by him 1T various
stages show his familiarity with tn,
long course of destroying open shoI
structures. Ryan wrote the letter sug
gesting that reports OF expenditures b,
discontinued while our trouble Is on.
lie signed all the checks presented II
evidence as used for the purchase o,
a,,B-
Trims the evidence of his completely.
Conclusively Proved.
Concerning Eugene a. Clancy, of Sar
Francisco. the decision states that hi.
conspiring with the McNamaras ant
Herbert S. Hockin-who is serving hi:
sentence-to blow up the Llewellyr
Iron Works at Los Angeles and 70,
explosions in the East" are conclu
Sively proved.
Michael J. Young, Boston, the decl
sion states to have been proved guilt,
OF conspiracy in connection with eX
plosions in Boston, Springfield. Fal
River and Somerset
The appeal OF Frank c. Webb. o.
New York, was rejected on the basi:
or letters by him and testimony by
ortie McManigal, whose evidence fire
quently Is referred to by the court.
Philip a. Cooley. sof New Orleans
member OF the executive committee O.
the Iron Workers, and John T. Butler
OF Buffalo. second vice esident, wer,
declared active conspirators with tn,
McNamaras.
John II. Berry. of st. Louis. ant
Charles n. Beum, of Minneapolis, audit
ed the books OF the association will
special reference to explosion expen
ditures, according to the decision
Henry w. Legleitner, OF Pittsburgh
| delivered John Mcnamara a case fo
carrying nitroglycerine. and was activ,
In planning explosions.
Ernest w. Basey, of indianapolis, ais,
audited explosion expenses and mad,
threats against nonunion Jobs. which
threats were executed. it was declared
Others Implicated.
j. f. Munsey, of Salt Lake City, Il
declared to have personally assisted
James Mcnamara in explosions at Sal
Lake. Peter ]. Smith, of Cleveland
Paul IT. Morrin. of ST Louis: william
T.. Reddin. of Milwaukee; Michael ]
Harmon. Of Scranton. Pa. Murray T.
Pennell,S of Springfield. Ill. and w. Ber
| Brown, of Kansas City, are declared
implicated by McManigal's evidence.
| The other men refused appeal are:
Edward Smythe, of Peoria: Georg,
Anderson. OF Cleveland; Frank ]. His
gins. Frank III. Painter. OF Omaha
Fred j. Mooney, of Duluth; william
Shupe. of Chicago. and Michael j
Cunnane, of philadelphia.
| In reversing the convictions of
Tveitmoe. Mccain, Ray, Houlihan
Sherman and Bernhard. the decision
says In part:
We are of opinion that evidence |,
(Continued On Ninth Page.)