The labor journal. [volume] (Everett, Wash.) 1909-1976, 1917-11-16
WEINBERG PROVEN INNOCENT;
NOLAN WILL BE NEXT VICTIM

IOufCn VlcClm Ol IIle SAdiiiuSi VI Ooii
merce FRAME-UP, opened with a
notable victory for the defense. In
fact the case for the state was utter
ly destroyed by the first four prose-
cution witnesses. Little Louis Fer
rari, Fickert's blunted "human stilet-
to-" made the usual opening state
ment. He ranted about the diff
ferent strikes in which the boys were
concerned, and of course drew in
the bogey of anarchism. Then he
outlined his evidence. He contended
that Weinberg drove down Market
street in his jitney along with the
other defendants with the excep-
ton of Nolan, about 1:40 on the
afternoon of the explosion and help
ed convey the mythical bomb, sup
posed to be manufactured out of Ep-
som salts.
Captain of Detectives Duncan
Matheson, head of the so-called
''bomb squad which investigated the
explosion, was the first to take the
stand. He instantly dealt death
blow to the case for the state. He
testified that he cleared the street
adjacent to the scene of the ex-
plosion at 1 o'clock, forty minutes
before Weinberg was supposed to
have arrived there and were stretch
ed along Market street within four
blocks of the scene of the explosion
to keep the street clear of traffic.
NOT ONE of them was produced
by the Estate" to corroborate Ok
man.
Lieutenant of Police Steve Bunner
next took the stand. Bunner was
helping Matheson keep Market street
clear of traffic, as were the forty
eight other men.
"Did you see jitney come down
Market street at the time alleged
by the state?" Bunner was asked.
81 SAW NONE" BUNNER RE-
Piled.
1t is interesting to note that "the
state" has never dared to put on the
witness stand SINGLE ONE of
the traffic officers who were keep
ing the street clear on the day of
the explosion. The only two they
put on-Captain Matheson and Lieu
tenant Bunner-proved excellent wit
nesses for the defense.
VICTIMS OF EXPLOSION SHAT
TER STATE CASE
Arthur " Powell, a stevedore who
was badly hurt in the explosion, also
made good witness for the de-
fense. Powell testified that he was
Standing at the scene of the explos-
ion about half an hour before the
time the state alleged that Weinberg
drove down the street with the
bomb "No jitney came down Mar
ket street at that time," Powell
testified; neither did any jitney
bus turn over to Steuart street" Fer
rari then started to impeach his own
witness, but the little prosecutor
only served to emphasize Powell's
contradiction of the, case for the
prosecution.
Samuel Moffitt, an aged ship caul-
ker, who was also severely injured
in the explosion, amply corroborated
Powell. 81 stood in close proximity
to the scene of the explosion for a
long while before the explosion oc-
Cured. During that time | saw
no automobile enter Steuart street.
Owing to the density of the crowd
at that point it was physically i'm
possible for an automobile to have
entered the street."
These first four witnesses for the
prosecution did irreparable damage
to the prosecution. Captain Mathe-
son and Lieutenant Bunner have al
ways been hostile to the defense. The
evidence of Moffitt and Powell, two
of the victims of the explosion, can
not by any stretch of the imagina-
ton be regarded as friendly to the
defense. Yet the testimony of those
four prosecution witnesses practical
ly destroyed the case for the "state.'
How any jury can ignore their tes'
timony is beyond belief.
1t looks as if the jury MUST re-
store Weinberg to his devoted wife
and family. That's only simple
justice.
1T MUST BE DONE.
Just as we go to press Charles X
Dietrich, Secretary of the State Rail
way Commission and whose brother
was wounded in the explosion, testi
fled that he stood near the scene oi
of the explosion for more than hall
an hour before it occurred and that
he saw no automobile come dowr
Market street.