The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-07-24
MOONEY UNJUSTLY
CONVICTED, CHARGE
LABOR LEADERS IN
REPORT TO HOUSE
Department of Labor Fur
nishes Report on Secret
Investigation of the No
torious San Fran
cisco Case

Washington, ID. c.. July 23.-
Charges of labor leaders that
Thomas j. Mooney was was un-
justly convicted for participa-
ton in the bomb throwing out
rage in San Francisco three
years ago were supported in a
report of John B. Densmore,
special agent of the depart
ment of labor, submitted to the
House today in response to a
resolution demanding more in
formation on the case.
Mr. Densmore, now director of the
federal empioyement service conduct
ed secret investigation of the case
at the request of Secretary Wilson.
With the mid of several Immigration
inspectors, he gathered his evidence.
working without the knowledge of San
Francisco authorities. Most of Ii was
obtained by the use of dictaphone.
placed i'm the office of district attorney
Ffckert, prosecutor of the case.
From this evidence, MIR. Densmore
drew the conclusion that Mooney did
not receive full justice in his trial and
that he was the victim of corporate
interests in San Francisco who de-
sired to discredit the labor unions and
MAINTAIN the open shop" The pro-
secutlon was conducted without real
investigation OF the crime, Mr. Dens-
more declared, and with deliberate
intent to frame" the labor leaoer.
The plain truth is Mr. Densmore
said. that there Is nothing about the
case to produce a feeling OF confidence
that the dignity and majesty of the
law We been upheld There is no.
where anything resembling consistency
the effect being a patchwork of in
congruous makeshift and often to des-
perate expediency."
METHODS ATTACKED
Methods employed by District At
toreny Frickert in prosecuting Mooney
were attacked by MIR. Densmore, who
declared there were excellent grounds
| for believing that the prosecutor was
! influenced by local cooperate interests
most bitterly opposed to union labor
| After Frank c. Oxman. a principal wit
ness. had been proven a perjurer, Mr.
| Densmore said. Fickert agreed to a new
trial and later vigorously opposed il,
his attitude being completely revers-
ed.
"Snce the Oman exposure" Mr..
Densmore said, the district attorneys
case has melted steadily away until
there is little left but an unsavory re.
cord of manipulation and perjury.
further revelations having impeached
THE credibility of practically all tho
principal witnesses for the prosecu-
ton"
Mr.. Densmore declared that an at.
finity had existed between district at.
torney Fickert and Judge f. W. Hen.
shaw, late of the California supreme
court with Henshaw exercising a
sinisted influence over the office Of
district attorney"
Whenever there has been legal
point TO be considered" Mr.. Densmore
said, ''or new phase of testimony or
whenever the district attorney had
been puzzled in the conduct of his pro-
secutions he has gone to Henshaw for
consultation and advice"
"Henshaw represents that group to.
day which he has always represented
the forces which have made for COR
ruption in state and city politics. Hen.
shaw supplied the brains which have
controlled the awkward motions OF the
manikin"
MIR. Densmore declared district at
torney Fckert was elected to office
with the backing of THE worst ele-
ment in the public service utilities and
the chamber of commerce
WILSON GIVES STATEMENT
And if amy additional confirmation
we're needed Of the inherent weakness OF
the case. the acquittal of Mrs. Mooney
on July 81, 1917, and OF Isabel Wein-
lerg in the following October, would
seem to supply it,"
The report which was submitted to
the house was accompanied by I
statement for Secretary Wilson giving
the reasons the investigation was
ordered
Mr.. Wilson said no attempt had been
made to secure information regarding
the case until after it had ceased to be
merely a criminal case and had become
IAN International and labor. case. on
dangering the friendly relations be-
tween the United states and Russia and
affecting the conduct OF the war
Information regarding investigauaAA
conducted since the trial was rerused
by Mr.. Wilson on the grounds that
such a course would mot be ccmpati-
BILE with the public interests" The
secretary estimated the total cost Of
the Mooney investigation at not more
than s7l50.
Conjectures regarding what the gov
eminent might further do to aid
Mooney were revived a result Of the
sub mission of the report TO congress.
Since Mooney was convicted on a
charge of violating a state law rather
than federal statute. 1t would be
beyond the power of the federal gov
eminent to do more than request CALI
fornia authorities to pardon him or
give him new trial His sentence Al.
tao dxy haC \ Il
Stephens from death to life imprison.
ment.