Omaha daily bee., 1914-01-07
COURT OF APPEALS
AFFTRMS SENTENCES
OF "a IRON WORKERS
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ciared to have personally assisted James
Mcnamara in explosions at Salt Lake
city. Porter J. Smith. .of Cleveland, o..
was chiefly implicated on McAIanigal's
evidence. Paul r. Morrin Of st. Louis,
william f. Reddin OF Milwaukee. Michael
j. Harmon OF Yankton, Pa. Murray L.
Pennell Of Springfield. Ill. and w. Bert
Brown Of Kansas City are declared fully
implicated by McManigars evidence.
The other men refused appeal are Ed
ward Smythe of Peoria, H. George
Anderson of Cleveland; Frank ]. Hig-
gins. Frank II. Painter OF Omaha. Fred
j. Mooney of Duluth. William Shupe of
Chicago and Michael J. Cunane of Phil
adelphia. There is no ground for reversal
of the judgments against any of them,
the court Of appeals declares
Reasons for Reversal.
In reversing the convictions OF Tveit-
moe, May. Houlihan, Sherman and Bern
hard the decision says:
I'VE are OF the opinion that evidence is
insufficient to make prima face case
Of co-partnership in the offense 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 offenses charged in the indict-
menta.
I'm reference to Tveltmoe, the fact that
he is not a member of the association is
not important. On the other hand his
undoubted sympathy with and co-opera-
tion in the great strike in California
does not involve completely In the con-
spiracy.
erence by Mcnamara to Tveitmoe as
the old man of the coast who wanted a
Christmas present is not sufficient to
identify Tveitmoe with the conspiracy.
Tho testimony cited against the other
| five men granted a retrial does not re-
qure specification except as to Day and
Sherman. In each of these cases we
found cause for hesitation on the ques-
tion of identity
THE cases Of all six, therefore, are
remanded to the district court for a new
trial for each"
Three Judges SIT.
The arguments for the appeal were
heard by Federal Judges Kohlsaat, Baker
and Seaman during several days following
November 2s. 1913 The government was
represented by Charles w. Miller, district
attorney of Indianapolis, and e. N. zoi-
inc and p. II. ,O'Donnell OF Chicago and
Chester II. Krum Of Indianapolis ap-
peared for the defendants.
The defendants were convicted on fifty
two counts, two charging conspiracy and
fifty charging specific offenses involving
twenty-five transportations OF explosives.
The decision commented on the nature
of the evidence in the Indianapolis trial,
saying:
1.-THE evidence presented in the printed
bill of exceptions makes several volumes
and II is notable that no error is as
signed for exception or rejection of testi-
lmony throughout the trial except as to
the admissabil,ty of testimony By Nc
lManigal and Clark. who were defendants
under the Indictment"
Conspiracy Plainly Proved.
Concerning the conspiracy charges the
decision reads:
Both conspiracy counts plainly aver
continuing conspiracy to commit contin
uous offense against the United States
in the carriage OF prohibited explosives
as described. The contention that th'
purpose for which the explosives wer'
} to be used as not within federal cogni
zanoe is entirely outside Of the issue
II the carriage of the explosives was thu
, subject matter OF the conspiracy it's VIC
lation OF the federal statutes would es
tablish the conspiracy within the termi
of the federal statute"
, Mccain was business agent of loca
No 1s OF the Iron Workers associatio
| at Kansas City. Ray was president o
local No. 1l2 at Peoria, Houlihan wa
financial secretary of local No. 1 q
Chicago. sherman was president of loca
: No. % at Indianapolis, Bernhard wa
+. financial secretary of local No ~ a
: Cincinnati.
Attorney zoline said that he had ad