Las Vegas optic., 1914-01-06
FRANK N. RYAN TO
GO TO Federal
PRISON
CONTINUED from Page one1

Salt Lake City
Peter J. Smith Of Cleveland, o.,
was chiefly implicated on McMani-
gals evidence. Paul T. Morrin of
st. Louis, William E. Reddin Of Mil
waukee. Michael j. Harmon of scran-
ton, Pa, Murray L. Pennell of Spring
field, ILL.,, and w. Bert Brown Of Kan
sas City are declared fully implicated
by McManigal's evidence.
The other men refused appeal are
Edward Smythe Of Peoria, Ill, George
Anderson OF Cleveland, Frank j. Hig-
gins. Frank H. Painter of Omaha,
Fred ]. Mooney Of Duluth. Mimi,
William Shupe of Chicago and Mich
ael ]. Cannane 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. Hou.iban,
Sherman and Bernhard the decision
says:
I'VE are Of the opinion that the.
evidence is insufficient to establish
a prina facie case of cooperation in
the offenses charged against any of
them. Their sympathy and partici-
patton in the general objects of the
organization may be assumed from
the evidence, but we are not advised
of the proof of their actual partici-
patton in any Of the offenses charged
in the indictments.
"In reference. to TYeitmoe, the fact
that he is not a member of the asso-
citation is not important. on the other
hand, his undoubted sympathy with
and cooperation in the great strike
in California does not involve COM
plicity in the conspiracy.
"The testimony by McMantgal of
reference by Mcnamara to Tveitmoe
as the old man of the coast who
wanted Christmas present IS not
sufficient to identify Tveitmoe with
the conspiracy.
@The testimony cited against the
other five men granted a re-trial does
not require specification, except as
to Ray and Sherman. In each of
these cases we found cause for hesi-
tation on the question OF identity
The cases of all six, therefore, are
remanded to the district court for a
new trial for each"
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. Zoline and
P. H O'Donnell of Chicago, and Ches-
ter H. Krum of indianapolis appeared
for the defendants.
The defendants were convicted on
50 counts. two charging conspiracy
and so charging specific offenses in
volying 25 transporIations OF explo-
siyes.
The decision lcommented on the
nature of the evidence in the Indian
apoHs trial, saying;
The evidence presented in the
printed bill Of exceptions makes sew
eral printed volumes AID it is not
able that no error is assigned for ex-
ception or rejection Of testimony
throughout the trial except as to the
admissibility of testimony by Nc
AIanigal and Clark, who were defend
ants under the indictments"
Concerning the conspiracy charges
the decision reads:
Both conspiracy counts plainly
over a continuing conspiracy to com
NIT continuous offense against the
United States, in the carriage of pro
hibited explosives, as described. The
contention that the purpose for
which the explosives were to be used
was not within federal cognizance, is
entirely outside Of the issue. If the
carriage Of the explosives was the
subject matter OF the conspiracy its
violation Of the federal statutes would
establish the conspiracy within the
terms of the federal statute
Mccain was business agent of Lo-
cal No. 16 of the Iron workers asso-
citation at Kansas City. Ray was
president OF Local No. 112 at Peoria.
Houlihan was financial secretary of
Local No. / at Chicsso, Sherman was
president Of Local NO. 22 at Indian
apoIis, Bernard was financial secre-
tary Of Local No. "A at Cincinnati.
Attorney Zoline said that he had ad-