Omaha daily bee., 1918-03-30


sentence.
Mooney was convicted in C
in San Francisco in a preparedr
caused the death of ten person:
FEW PRECEDENTS KNOWN.
Washington, March 2s.-The only
comment of White house officials to-
day on President Wilson's telegram
to Governor Stephens, asking him to
extend executive clemency in the
Mooney case. was that they would
neither affirm nor deny such tele-
gram had been sent. Further than
that they absolutely refused to dis.
cuss it.
The presidents action, which has
few precedents in American judicial
history, comes as the climax of much
effort . J agencies OF the federal gov
ernment to have the conviction of
Mooney reversed and to get for him
a new trial.
NEW TRIAL ADVISED.
When President Wilson sent his
labor mediation commission west sew
eral months ago to look into numer-
Gus labor disturbances, which were
threatening the governments war
production program. it was specially
charged to look into the Mooney
case and make a report The COM
mission reported conclusions that the
Mooney case had become so involved
with the issues of the bitter contest
between capital and labor in San
Francisco that he should have a new
trial.
About the same time the bolsheviki
disturbances reached their height in
Russia and all the influence, of the
United States was being exerted to
preserve the new democracy. Rus
sian agitators OF the Lenine and
Trotzky type, opposing the efforts OF
the United States, were using the
Mooney case as one of their chief
arguments to make the Russian peo-
pie believe that the pleadings of the
United States for the cause of democ-
racy were insincere.
Example OF Autocracy.
They declared in their public
speeches that the Mooney case was
an example of autocratic govern
ment in this country, and the COM
mission reported to President Will
son that the effects of the case had
become worldwide among the work
srs.
THE feeling of disquietude aroused
by the case must be heeded," the
commission reported to the president,
for, II unchecked, it impairs the
faith that our democracy protects the
lowliest and even the unworthy
against false accusations. War is
fought with moral as well as material
resources" ~.
It is we'll known that practically
all the prominent labor leaders upon
whom the president has been calling
for labor's cooperation in the war
have been asking the president to
intervene for the relief of Mooney,
and many OF the administrations ad-
visers have been favoring such a
step.
Urges New Trial.
After receiving the report of the
commission, President Wilson wrote
Governor Stephens urging new
E trial. The highest court OF California
recently refused it.
As the whole matter was one OF
judicial process within the state Of
California and over which the federal
government had no control, only one
course remained, and that was to ap-
peal to Governor Stephens to grant
executive clemency.
Executive clemency was MONEYS
only hope, the state supreme court,
which is confined to questions OF
law in reviewing murder cases, hav-
ing rejected recently his appeal for a
new trial.
President Wilson received special
report on the Mooney case from the
labor mediation commission, which
investigated it while on the Pacific
coast, and reported, among, other
things, that while the official record
OF the trial might be hawless, as the
supreme court afterwards found. the
testimony OF witnesses for the state
had been changed from trial to trial
as the various defendants in the case
were arraigned, and for this reason
doubt was cast on the validity OF their
evidence. One man. admittedly the
prosecutions star witness, was prose
cuted for subornation OF perjury, but
was acquitted.
Other Murder Charges.
San Francisco, March 2S.--"1 am
confident that the special mediation
commission has presented conclusive
! evidence to President Wilson OF my
innocence, and his action in urging
upon Governor Stephens that | be
pardoned is a natural result" said
Thomas ]. Mooaey today, in his cell
at the county Jail, where he has been
confined since his arrest July n, 1916
tThe president wishes my guilt OF
innocence established by the court
and | feel that the president wants
me pardoned on this particular charge
in order that may be given a just
trial on one of the other murder
charges pending against me-"
Eight other murder charges stant
against Mooney in connection with
the bomb explosion.
Turn Loose Murderer.
"If President Wilson wishes to turr
loose murderer like Mooney, the re
sponsibility is his" was the commen
Of District Attorney Charles NJ
Fickert of San Francisco count,
when the reporl Of the president
commission was made public.
Other factors in the case were al