Denver labor bulletin., 1918-11-23
MONEYS FATE IS
UP TO GOVERNOR
SOME COAST UNIONS MAY
PROTEST BY STRIKE.
Counsel Declares Only Hope for Con-
victed Man Is an Appeal for Par
don; Sentenced to Hang Friday,
Dec. I3; Strikes Called Dec. 2.

The United States supreme court
refused Monday to review the case
of Thomas j. Mooney, under sentence
to die December 13 for murder in con-
nection with a bomb explosion two
years ago in San Francisco.
In asking the supreme court to re-
| view the case, Mooney charged that
his conviction had been obtained thru
fraud on the part of the district at
| torney who had made use of perjured
testimony. This fraud was not dis
| covered, he claimed. until after his
conviction, but efforts to obtain a new
| trial failed.
In acting on Moneys petition Mon
day, the court merely announced its
decision thru Chief Justice White,
without comment.
The central labor bodies of Oakland,
Cal, and Seattle, Wash. have threat
ened to call a general strike in those
cities on December 2, unless the SEN
tence to hang is revoked.
Fate Up to Governor.
The fate of Thomas j. Mooney now
rests solely in the hands of Governor
William ID. Stephens. and no inkling
has come from the state capitol as to
what the executives attitude will be.
following his conviction on a murder
charge growing out of the prepared
ness day bomb explosion in San Fran
cisco on July %, 1916, is in San Quen-
d, tin, Cal, prison.
When the United States supreme
court refused the petition of Moneys
counsel to review his case the last
legal prop of the defense" his attor-
neys said. was knocked from under
Mooney. Mooney was reprieved last
summer by Governor Stephens until
December IS.
Only Hope in Pardon.
The governor has two courses open
to him in the Mooney case, it was
pointed out by attorneys. He either
may pardon Mooney outright and in
struct the district attorney TO bring
him to trial on one of the several re-
naming murder charges, or permit the
death sentence to be executed.
There is nothing left to do but
press our pardon application before
the governor" said Maxwell McNutt,
chief of counsel for Mooney. I'VE
have exhausted our last legal means"
No further organized appeals for
Edwin " Mckenzie, also of counsel
for Mooney, said the supreme courts
refusal to act was expected, because
1 I'VE felt that the supreme court, once
having decided that it could not go
beyond an adjudication in another
court, regardless of what might de-
velop in a case, would hold the same
position in our case"
Five Were Indicted.
| Five persons were indicted for muir
der in connection with the bomb
cases. Besides Mooney, one other per-
son was convicted. He is Warren X.
Billings, who is serving a life term.
Mrs. Rena Mooney. wife of the prin-
cipal defendant, and Israel Weinberg,
a "jitney" automobile driver, were ac-
| quilted. Edward d. Nolan, machinist,
never has been brought to trial.
The principal witness against
Mooney was Frank c. Oxman, an Ore
gon cattleman 0xman later was tried
| for subordination of perjury growing
out of the trial and was acquitted. 1t
was charged that Oxman induced F.
f. Rigall of GRANVILLE, ILL.,, to come to
San Francisco to testify falsely
against Mooney.
| President Wilson has twice commu-
E-nicated with Governor Stephens in the
Mooney case, and in at least one of the
communications it is known that the
President made n personal appeal in
Moneys behalf.