The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-11-24


timony was overwhelmingly sufficient TO
uphold the charge OF perjury against
MN. IL seemed then as IL Mooney must
De granted new trial. but he was not
Wholesale Fraud Charged.
After the Mooney case had been fought
through the State courts and even TO the
supreme Court of the United States,
where review was refused, It was evil
dent that the record was In such good
shape that there was not a legal locphole
by which Mooney could get relief La
Dor agitation became SO violent that
president Wilson appointed a Federal
commission for the express purpose of
Investigating the case. and as the result
or their findings and the investigation
OF tho Department OF Justice, twice
asked Gov. stephens 70 exercise Glenn
ency. This the Governor refused to do
until few months ago when he granted
the reprieve.
So there are only two persons IN the
United States who apparently have the
power to demand and get a new trial
for Mooney at this eleventh hour, the
Governor and the prosecutor. The only
recent parallel to the situation SO far
as Fickert Is concerned was when Gov.
whitman, who prosecuted Charles
Becker. passed as Governor on the Pc
tition to commute Becker's eentenee.
The evidence ep which Mooney was
convicted was all circumstantlal II
came out of the confused whirl of the
day on which thousands OF people had
fiocked into the city to watch the parade
of $4,000 start UP Market street. There
were those who told OF seeing a bomb
thrown, of seeing dark Mexican look
Ing man with a suitcase, but the strong
est testimony was that which told OF a
number Of people getting out OF a small
car and placing a suitcase OH the very
spot where 1t exploded,
BOurke Cochran Engaged.
Meantime strenuous work was being
done by those interested in Mooney 10
prepare for his case. Bourke Cochran
the silver tongued. came from New York
to take part in hts defence with Maxwell
McNutt. his local attorney. They heard
that the photographs were sixth copies
OF the originals. made by the police
After being refused the original films
by the District Attorney they had court
permission to have them enla rged by
An expert while In the company OF two
policemen. The street clock was mag
nifed 1850 times and showed the hands
at ! :5S, 500 and 2 :04. AS the explo-
sion took place at 2 :0s It looked as n
Mooney could not have been at Steuart
and Market streets, more than a mile
away, at this time. Five witnesses tes-
tilted to his presence on the roof and
Moneys friends were jubilant.
At this time u. C. Oxman, cattle
, man from Durkee. ore, entered the
case. OXman said he had come to San
Francisco the morning OF the parade
and while at Market and Steuart streets
had seen q jitney draw up to the side
walk. In 1t were persons whom he iden-
titled as the Moneys. Billings and Vein
burg. He said Billings put tho suit
case down on the sidewalk
! Money had got out OF the machine
in the meantime" said Oxman, land
stood near a girder near the main door
of the saloon. Billings came up in a mo-
/ ment or so and talked with him, Mooney
looking at his watch and glanc.ng at
| the Ferry tower. Both appear red very
nervous and excited Finally 7 overheard
Mooney say to Billinga: Give Il to him.
The bulls may he hers at any moment,
or something like that Billings then
handed the man with the moustache
| something and the man crossed 10 the
east side OF Steuart street., where he was
swallowed up by the crowd. They drove
away in the machine down Steuart
| street.
Wanted to Go to Roof.
Billings was convicted largely upon
the testimony of Mrs. Estelle Smith, a
sentists assistant. who said he ha
entered the Office just before . o'clock
! carrying n suit case and wanted to go
to the roof. When she refused he went
down again. Another woman testified
that she had seen the jitney standing IN
the street just before tho parade came
and heard Billings say he was waiting
| Tor people to come out of the building
In few minutes. she said, the MONEYS
Billings and Weinberg Jumped into the
machine and went down the street to-
ward the scene Of the explosion. Tha;
didn't jibe with Oxman's testimony.
1t was on the word or the cattlemar
that the prosecution centred much of its
case, and February 10. 1917, Mooney
was convicted and sentenced to b.
hanged Then came the Oman ex
posure, brought about by the CURIOSITY
OF bellboy at the Terminal\ Hotel
where Oman was staying The DO,
used to watch Oxman writing, ant
picked up papers that he threw into the
waste basket. Some Of these the boz
turned over 10 the defence Mooney.
attorneys communicated with Franz
Mulholland. Toledo. attorney for the In
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