The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1918-03-02
COURT REFUSES
MONEYS PLEA
FOR new TRIAL
Fate Of Alleged California
Murderer in Governo,
Stephens Hands.
COUNSEL WILL ASK
FOR REHEARING NOW
Twenty Days AllOwed~ Mans
Attorneys for Last
Appeal.

san Francisco. March 1.-The life of
Thomas J. Mooney seemingly was In
the hands of Governor william d.
stephens tonight as the result OF the
action today OF the state supreme
court, which denied Mooney retriai
on the ground OF reversible error In
tho proceedings which led to his con-
viction and death sentence on a muir
der charge in connection with the pre-
paredness parade bomb explosion here
in 1916.
In Oakland. where he spent the day.
Governor stephens refused to COM
ment on the courts action or to indi-
cate what move he would make when
MONEYS appeal for communication or
pardon comes before him. as II will In
the event that the supreme court re-
fuses a rehearing or denies finally tho
defendants right TO retrial The de-
fense has 20 days In which to file APP
plication for a rehearing. MONEYS
counsel today stated that the appli-
cation would be filed on the Goth day,
and that MONEYS case would be car
ried to the executive OF tho state. n the
courts final action Is not satisfactory
to the defense.
Expected Decision.
1T was what had been expected"
vas the comment on the decision made
by both Mooney and the district attor-
ney's office which prosecuted him.
Until have had = chance TO read
thoroughly the decision OF the supreme
court. will make no comment" Cow
ernor stephens said. Neither will !
make public the letter received In this
connection from President Wilson until
IL Is certain that the defense will make
no further attempt TO obtain rcconsid-
GRAFTON Of the case by the supreme
court"
The possibility OF the supreme court
over ruling Its own decision on a re-
hearing was considered remote tonight
by attorneys interested In the case.
Find Much support.
Abundant support was found In the
evidence submitted at the trial OF
Mooney to support the defendants
guilty connection with the explosion.
according to the supreme courts de-
cision. which was concurred In by all
justices.
The defense has raised the point that
the testimony OF Frank &. Oxman
clashed to such an extent that II
should affect the Judgment. Even IL
the stories OF these witnesses were
vitality different II could not follow
tfnt this court could disturb the jud1.
ment"
From the record II appears that the
defendant. Thomas J. Mooney, was
confronted by testimony from many
sources. which fully supports the ver-
dict found by the jury" says the de-
cision. I'VE cannot find that he was
deprived Of any rights. constitutional
or statutory. Or that any material error
OF law was committed calling for re.
|versal Of the judgment or an abrogn.
tton OF the order denying his appiica-
tion for a new trial. The Judgment is
affirmed"
President Orders Probe.
Ramifications OF the murder trial Of
Thomas J. Mooney included an inyssti-
cation ordered by President Wilson and
disturbances on the streets Of Petro-
grad.
The presidents mediation commits :
sion. which was directed TO examine
the situation while carrying on it's
work on the Pacific coast, said, In a
report made public January 2C, that
changes In the evidence brought out In
connection with the trials of other de /.