The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1914-01-07

evidence as used for the purchase
of explosives. Ryan's own testl-
mony confirms the evidences or his
completely.
COnclusively Proven.
Concerning Eugene A. Clancy Of san 3;
Francisco, tho decision states that his
conspiring with the McNamaras and
Herbert s. Hockin, who is serving his
sentence, to blow up the Llewellyn
Iron Works at Los Angeles and Tor eX-
plosions in the east, are conclusively
proven.
Michael j. Young of Boston the de.
cision holds to have been proven guilty
of conspiracy in connection with ex-
plosions in Boston, Springfield, Fall
River and Somerset.
The appeal of Frank c.. Webb of
| New York Yves rejected on the basis OF
letters by him and testimony by OItie
E. McManigal, whose evidence frc.
| quently is referred to by the court.
| Philip A Cooley of New Orleans,
member Of the executive committee of
the iron workers, and John 7. Butler
of Buffalo, second vice president of the
organization, were held to be active
conspirators with the McNamaras.
John II. Berry of st. Louis audited
| the books of the association with spe-
cial reference to explosion expendi-
l lures, as QIu C0dflSb " ptunu VI -hli"
neapolis, according to the decision,
Harry w. Leglietner of Pittshurg
personally delivered to John J. Nc
Namara a case for carrying nitro
glyccrin and was active in planning ex-
plosions.
Ernest w. Basey of Indianapolis also
audited explosion expenditures and
made threats against non-union Jobs,
which threats were executed, it was
shown.
Salt Laker Is Held.
j. E. Munsey of Salt Lake City is
declared to have personally assisted
James Mcnamara in explosions at
Salt Lake City; Peter j. Smith OF
Cleveland, Ohio, was chiefly implicated
on McManigal's evidence; Paul I.
Morrin of st. Louis, William E. Red
din of Milwaukee, Michael J. Harnon
Springfield, Ill, and ". Bert Brown of
Kansas City are declared fully lmpli-
by Ne Manigal's evidence,
The other men refused appeal are
Edward Smythe of Peoria, Ill, George
Anderson Of Cleveland, Frank j. Hig
gins, Frank II. Painter of Omaha, Fred
J. Mooney OF Duluth, MINI, William
Shupe of Chicago and Michael j. Gun
name of Philadelphia. There is no
against any Of them, the court of ap-
peals declares.
In reversing the convictions of
Tveitmoe, Mccain, Ray, Houlhan,
Sherman and Bernhard the decision
says:
We are Of the opinion that eyi-
dence is insufficient TO establish
prima facie case of partnership
In the offense-as charged against
participation in the general OBJ
jects of the organization may be
assumed from the evidence, but we
are not advised OF proof of their
actual participation in any offenses
charged in the indictments
Tveitmoe Not Member.
In reference to Tveitmoe, the
fact that he is not a member of
the association is not important.
On the other hand, his undoubted
sympathy with and cooperation in
the great strike in California does
not involve completely IN the con-
spiraey.
The testimony of McManigal Of
reference by Mcnamara to Tveit-
moe as ''the old man Of the
coast who wanted Christmas
present. is not sufficient to
Identify Tveitmoe with the con-
spiracy.
The testimony cited against the
other five men granted new trial
does not require specification, ex-
cept i'll regard to Ray and Sher-
man. In each Of these cases we
found cause for hesitation on the
question of identity.
The cases of all six, therefore,
are remanded to the district court
for new trial for each
The arguments for the appeal were
heard by Federal Judges kohlsaat. Baker
and Seaman during several days follow |
ing November 2S, 1918. while the govern
ment was represented by Charles w Mil |
Ter, district attorney OF India napolis and |
e. y. Zo!ne and p. II. ODonneli OF Chi |
cago and Chester II. Krum OF Indianapolis
appeared for the defendants.
Counts Numbered 90.
The defendants were convicted on nifty
Two counts. two cases of 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:
The evidence presented IN the
printed bill OF exceptions makes sew
eral printed columns and It is notable
that no error Is assigned for exception
or rejection of testimony. throughout
bIli,y ng me- of teefippnv eHGpr as 5 70 NE adissi
Clark. who were defendants under tho
Indictment,
Concerning the conspiracy charges, the
decision reads:
Both conspiracy counts plainly aver
a continuing conspiracy TO commit
continuous offense against the United
states, In the carriage OF prohibited
explosives as described. The conten-
tion that the purpose for which the
explosives were TO be used was not
within federal cognlZance Is entirely