The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-02-18
DEVELOPMENTS
in MOONEY CASE
A Witness Who Was Not AL
lowed to Testify.

Secretary James M. Duncan, Sec
rotary of the Seattle Central Labor
Council has been given the follow
ing important testimony establish
ing the innocence of Thomas j.
Mooney. Richard w. Smith, former
San Francisco policeman whose tes-
timony could have freed Tom Moo
ney, but who was not permitted by
Charles M. Fickert, plunderbund
prosecuting attorney and corpora
ton tool, to testify at the trial.
Mr.. Smith has written his own
story for the Union Record, which
follows:
l know that Thomas Mooney is
innocent because | was the police
officer who saw him on the roof
of the Eiler Building. He could not
have had time to get to that roof
and at the same time be in any
way connected with explosion which
occurred among the paraders on
preparedness day in San Francisco.
Rena Mooney said that if the
policeman could be found who or
dered her and her husband off the
Eiler Building roof short time
after the explosion, their innocence
would be established. l am that
policeman.
On the afternoon of the parade
| was standing at Sixth and Mar
ket street, near Hale's old building,
viewing the parade, when the word
was passed up the line that bomb
had been thrown from the roof of
building on Lower Market street
being a police officer thought it
my place to investigate the roofs of
the buildings in the vicinity where
I was standing. I gained access
to the roof through Hale's old build
ing. After reaching the roof of
the Hale building l ordered the peo-
pie off the roof, stating my rea-
sons for same, then proceeded to
the roof of the Eilers Music House,
where | also ordered the people off
and it was there that l saw Mooney
and his wife. | also ordered. them
off, but Mrs. Mooney stated that
she was tenant of the building.
After / ordered the people off of
the Eiler Building l proceeded to
the steel tower which had support
ed an electric sign but which was
now unsafe. Some boys were on
the sign taking pictures, but came
down upon my order. Having clear
ed the roofs of all who had no
right to be there l went down to
the street again.
Shortly after | read in the morn
ing paper where Mooney and Mrs.
Mooney had been arrested and she
had made the statement to the ar
resting officers that she had been
; ordered from the roof by a police
officer and if this officer could be
located he would be able to sub
stantiate her statement. pro-
ceeded to the Hall of Justice after
reading the articles in the paper
and there identified Mooney and
Mrs. Mooney as the people who
were on the roof. Having done this
| proceeded to the District Attor-
ney's office where l had a confer
ence with Fickert. After the con-
ference was assigned with Draper
Hand, detective, to proceed to the
Eilel''s Music House to locate the
parties who had been taking pic
lures on the tower. At Eiler's
Music House we located parties who
were on the roof and who had seen
Mooney and his wife on that roof.
| reported back to Fickert and
was ordered to report to my sta
ton for duty. Later | was SUBJ
poenaed to appear for the prosecu-
ton in the case of the state against
Thomas Mooney, accused of murder
in connection with the Preparedness
Day explosion. Although | appeared
in the lobby of the Hall of Justice
in answer to this subpoena, l was
never called to testify, Fickert hav-
ing apparently decided after my
conference with him that my tes-
timony would be of no value in
his prosecution of the case.
On the 9TH day of June, 1917,
enlisted in the United States army,
Engineers Corps, and went over
seas, bearing with me from Police
Chief d. A. White recommendation
testifying to my service in the po-
lice department under him.
My enlistment took me away from
the scene of the Mooney case and
| was therefore unable to follow it
as closely as otherwise | might,
had / been in San Francisco where
the events in connection with the
case were occurring. From time to
time, however, l heard of the prog
ress of the case and decided that
when an opportunity offered where
my knowledge would be of use in