The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-01-07
TOM MONEYS
BRADY LETTER
Asks District Attorney Why
lie Does Not Make His Word
Good.


Calf.
Dear Sir:
Five months have passed since you
have taken up the duties of your
present office, and this is my third
letter to you urging and imploring
you to take action on the remaining
indictments still pending against me
on the Calendar of Dept. IL, of the
Superior Court in San Francisco
County. To these letters, | have not
even received an Acknowledgement of
their receipt to say nothing of your
wish or desire to take action one way
or the other.
In these lines | am going to be
very frank, and | know if you were
in my position under the same iden-
teal circumstances, | am quite sure
you would do the same and say these
things that | am about to say. In
your consideration of this letter, |
hope you will keep constantly before
your minds eye, that all important
fact that | will soon celebrate my
fourth anniversary of Imprisonment
for crime | had no more part in
than the new born babe of yesterday.
YOUR PREDECESSOR IN OF
FICE WAS DEFEATED, LARGELY
BECAUSE OF HIS CRIMINAL
WORK IN THE "MOONEY CASE"
YOU WERE ELECTED LARGELY
BECAUSE OF THE "MOONEY
CASE" (HOLDING OMAN TO
ANSWER IN THE SUPERIOR
COURT WHICH YOU HAD A
PART IN. YOU WE'RE FAIR AND
DID ABSOLUTE JUSTICE IN
FACE OF GREAT OPPOSITION.
My friends in and out of the labor
movement supported you after you
assured them that if elected. YOU
would bring Billings and myself to
trial again on one of the remaining
indictments, of which there was still
seven identical to the one under which
we now suffer as a result of a mis-
carriage of justice-because there is
no legal remedy that is what a strict
narrow Interpretation of California
law says; but if justice was done and
class reasoning not permitted to en-
ter this case, the judgment under
which l now suffer would have been
set aside and vacated, and a new
trial granted me.
BUT POWER, THE INVISIBLE
GOVERNMENT DECREED THAT
TOM MOONEY MUST BE PUT
AWAY REGARDLESS OF GUILT
OR INNOCENCE; THAT SAME
POWER - THE INVISIBLE GOV
EMINENT DOES NOT WANT ANY
ACTION TO DISTURB THE Sc
CURITY OF TOM MONEYS I'M
PRISONMENT.
The usual thing for men in public
office and all other politicians to do
when they are subjected to a propo-
sition where there is great clash of
interest is, if it is possible, to "Pass
the Buck" This is a popular pas
time in political manipulations, and
this case has passed through no small
part of that game of Passing the
Buck" l DON'T KNOW WHAT
YOUR PLANS ARE BUT FEEL
FROM WHAT MY FRIENDS TELL
ME, THAT YOU ARE GOING TO
PASS THE BUCK"
Your duty in the "Moonev Case"
is to give Billings and myself another
trial on that one remaining indict-
ment, which Fickert wanted to have
dismissed just as he was going out of
office, so that you could take no
action on our cases when you took his
office. You pledged yourself before
election to all of the voters, that if
elected, you would try US again.
We know if we should be tried and
acquitted, it would not remove the
judgment under which we are now
suffering; but it would be the great
est factor in removing the miscar-
riage of justice. You know the gov
ernor said when he Passed the Buck"
to the jury and the higher Appeal
Courts, ga jury of IL men found
Mooney guilty, he had fair trial
Il did mott, all Of the higher courts of
the land upheld that conviction. 1
do not intend to disturb it."
Were Billings and myself to be
tried again and acquitted, it would be
the greatest argument in proof of
our innocence and the best possible
one for the governor pardoning us on
the judgment holding us for life.
You told the representatives of
three score of local unions, urging
you to give us another trial, THAT
YOU WERE CERTAIN THAT A
bhLA1 w NUM- WAO DUNE, AND
WE'RE YOU SURE OF THE REM
EDY, YOU WOULD HAVE GIVEN
YOUR ANSWER THEN.
Some will say it would be farce
to try us again, as there is no evil
dence to try with. To this / say,
there is that same evidence that
Fickert used before jury to convict
two innocent men, but that evidence
is now shown to be perjury, con-
nivance, collision, and conspiracy to
cheat justice. When have the courts
become an agency to be used only for
the finding of men guilty and sending
them to the penitentiary l was al
ways under the impression that the
courts were supposed to give equal
justice, if evidence was sufficient to
convict, a defendant should be con-
victed, but if innocent he should be
acquitted, regardless of the cost to
the state.
If trial with that evidence used