The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-01-06
NEW TRIAL FOR
HALF A DOZEN
Six Convi $ Dynamiters Will
B ven Another
Chance in
Court.
oTHEass WE'RE DENIED
Twenty-four Appellants Were Not
Successful In Appeal From
Sentence to Federal
Prison.
oTHE..s WERE DENIED

UNITED Press Leased Wire Service.1
CHICAGO, Jan. g. The United
States circuit court Of appeals todly
granted the appeals of six of the men
convicted in the Indianapolis dyna-
mite trial for new trial and denied
new trials to twenty four other appel
lants.
The convicted men granted new
trials were:
Olaf A. Tveitmoe, San Francisco.
James E. Ray, Peoria, Ill.
Richard H. Houlihan, Chicago.
William j. Mccain, Kansas City.
Fred Sherman, indianapolis.
William Bernhard, Cincinnati.
Judges Seamon, Baker and Kohl
saat heard the appeal Of the convict.
ed union heads. Judge Seamon today
read the opinion.
The circuit court of appeals over
ruled all the general challenges in
error made by attorneys for the con-
victed men, and on this ground de-
MED new trials to twenty-four of the
men sentenced to serve terms at
Leayenworth penitentiary. The Gains
of the defense overruled were these:
That the lower court erred in con.
solidating the indictments and In over
ruling motion to vacate this order.
THAT the lower court erred in per.
mitting McManigal and Clark, two Of
the defendants, to be used as govern
ment witnesses.
That the lower court erred in over
ruling motions and demurrers made
to the evidence in over-ruling a mo-
ton to compel the government to elect
whether 1t should prosecute the d.,
PENDANTS under the indictments alleg
ing conspiracy or under the charge
OF aiding and abetting in conspir.
acy, and in instructing the jury"
The court also over-ruled the prin-
cipal claim set UP by the defense
that continuing conspiracy had not
been proven and held that the evidence
showed continuing and dominating
conspiracy against the United States
In reversing the convictions of the six
defendants the court held that the evil
dence In their cases was insufficient,
and remanded their cases to the dis
trict court for new trial. In the mean
time they will remain at liberty.
Counsel for defense has not deter
mined whether an appeal will be taken
to the U. s. supreme court in the cases
of the twenty-four whose convictions
were affirmed Attorney e. N. Zoline,
after the decision was read said he
would offer formal motion, asking
the court not to issue commitments
for the twenty-four until they have
had sufficient time either to prepare
petitions for rehearings or perfect an
appeal to the supreme court"
You have thirty days. as matter
Of course, in which to act" replied
Judge Seaman.
Zoline answered that conference OF
attorneys for the defendants win be
held within few days to determine
what action will be taken.
In reversing the convictions OF the
six labor leaders, the court held that
there was an insufticiency of testi
mony and circumstances pointed out
by counsel for the government"
I'VE are of the opinion that the
government failed to prove a prima
facie case of co-partnership in the
offenses charged in the indictmen.
against any of them,' held the court
All except Tveitmoe were affiliated
with the bridge and structural iron
workers and their sympathy and gen
eral participation and policies may be
rightly assumed from the evidence
but we are not advised of proof to
charge any of them with actual partici
patton in the commission of the of.
fenses charged in the indictment"
Referring to the conviction of Tveit
moe of San Francisco, Pacific coast
labor leader, the court held that while
his "sympathies with the international
association were apparent, they do not
prove completely or serve to uphold
conviction without evidence of per
sonal identification with the conspir
acy."
The court denied the appeals of the
following iron workers Frank NJ. Ry
an, Chicago, years; John H. Barry
st. Louis, years; Eugene A. Clancey
San Francisco 6 years; Frank c.
Continued on page 2.)