Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1914-01-16
DYNAMlTlNG PLOT
VERDlCTS UPHELD

WIZ 0ioNAAS SOO4L Lh
apolis sentencing to prison 80 MEM
hers Of the International Association Of
Structural Iron Workers.. was affirmed
today by the United States circuit
court OF appeals here in "a cases. Six
cases were reversed.
The cases reversed were remanded
to the lower court for retriaI. The de-
PENDANTS in these cases are: Ola A.
Tveitmoe, San Francisco; William Nc
Ray. Peoria, ILL.,: Richard II. Houlihan,
Chicago; Fred Sherman. Indianapolis.
Ind: William Bernhardt, Cincinnati,
Ohio.
Won't Return to Jail.
Ryan was the only one of the con-
victed men present in court when the
decision was rendered. No effort will
be made by the government to COM
pei the return to prison of the men
denied retrial pending the hearing of
their petition for a rehearing of tho
case. If his petition is denied, it was
announced by r. N. Zoline, of counsel
for the convicted dynamiters. that an
appeal will pc taken to the United
States supreme court.
The decision reads in respect to the
appeal of Ryan:
This plaintiff was president Of the
association and its active manager.
Letters written by him at various
stages show his familiarity with the
long course OF destroying open shop
structures. Ryan wrote the letter sug-
costing that reports OF expenditures
be discontinued while our trouble is
on He signed all Of the checks pre-
scented in evidence as used for the pur.
chase of explosives. Ryan's own testi-
mony confirms the evidence of hi.
completely"
Basis Of Findings.
C0ncepnfn0 Er,,0ono A Clon~. a..
San Francisco. h decision states
that his conspiring with the McNa.
maras n Herbert s. Hockin. who Il.
serving his sentence, to blow up tn,
Llewellyn Iron works at Los Angeles
and for explosions In the east, are con.
clusively proven.
Michael j. Young, OF Boston. the de-
cision holds to have been prove guilt.
OF conspiracy in connection with ex.
plosions In Boston. Springfield. Fal
River and Somerset.
The appeal Of Frank c.. Webb, q
New York, was rejected on the basis
of letters by him and testimony b.
Ortie McManigal. whose evidence fire.
quently is referred to by the court.
Phillip A. Cooley, OF New Orlean5
member Of the executive COMMITTEE
Of the iron workers, and John T. But.
Ter, of Buffalo. second vice presiden.
OF the organization. were held to bi
active conspirators with ,the McNa.
maras.
John H. Berry. of ST. Louis. audited
h books of the association with spe.
cial reference to explosion expendi.
lures as did Charles N. Baum. of Min.
neapolis. according to the decision.
Henry w. Legleitner, of Pittsburgh
personally described to John McNa.
mara a case for carrying nitroglyce
rine n was active in planning ex
plosions. Ernest w. Basey, of Indian
onn1ic o1oN o,,d{tod nvn1ooi0r ovpo~Co,
and made threats against %nonunioI
Jobs. which threats were executed. n
was shown.
Munssy and Others.
j. e. Munsey. Of Salt Lake City. ia
declared to have personally assisted
James Mcnamara in explosions at
Salt Lake. Peter ]. Smith. Of Cleve-
land; Ohio; was chiefly implicated II on
of st. Louis: William e. Reddin, Of
Milwaukee,; Michael J.. Harmon. OF
Scranton. Pa: Murray l.. Pennell. of
Springfield, Ill, and w. Bert Brown.
OF Kansas City. are declared fully inn
plicated by McManigals evidence.
The other men refused appeal are
Edward Smythe, Of Peoria. ILL.,; George
Anderson. OF Cleveland. Ohio: Frank ].
Higgins, Frank III. Painter. Of Omaha:
Frederick J.. Mooney. of Duluth. Mimi:
William Shupe. OF Chicago. and
Michael J.. Cunnane, Of Philadelphia.
There is no ground for reversal of the
judgments against any of them. the
court Of appeals declares.
In reversing the convictions Of
Tveitmoe. Mccain. Ray, Houlihan,
Sherman and Bernhard. the decision
!
u insufficient TO establish q rrima
fAcie OF copartnership In the Of
lenses charged against any OF them.
Their sympathy and participation in
the general objects OF the organization
may be assumed from the evidence. but
We are not advised Of proof Of their
actual participation in any OF the Of
lenses charged in the indictments.
I'm reference to Tveitmoe the fact
thnt he II not q member Of the as
ISOLATION 10 not important. on the 9TH
er hand his undoubted sympathy with
and cooperation In the, great strike
In California does not involve compli-
city in the conspiracy.
THE testimony by MECHANICAL Of
references by McNamAra to Tveitnaoe
~ the old man Of the coast, who
wanted q Christmas present 10 not
sufficient to Identity Tveitmoe with
the conspiracy.
sThe testimony cited against the
other hve men granting . retrial does
not require specification except AZ 70
Ray and Sherman. In each Of the
cases We hnd cause for hesitation on
the question OF identity.
THE Of all six therefore are
remanded ito the district for 4 new
trial Tor each