The Connecticut labor news., 1922-03-17
MOONEY CASE IS AGAIN BEFORE COURT
 WITH NEW ANGLE
Suggestion of Judge for "Clemency'' Scorned and Justice Is
 Demanded

San Francisco, March I7-The in ternationally famous M Mooney-Billings case has crowded into the courts of California again. The judicial out rage against the two militant labor leaders refuses 10 die a respectable death and to leave its perpetrators in peace. The Chamber of Commerce frameup is now before the district court of appeals on an appeal from the decision of a lower court deny ing a writ of audita querela.
 In a printed brief of 178 pages packed with brilliant argument and a fiery exposure of the gigantic con spiracy, the victims of which have served six years of their life sentence, Byron C. Barker, attorney for Tom Mooney, demands either retrial on the original indictment, a new trial on the other indictment still pending or dramatically, such other equival- ent relief (by whatever name 1t may be called) as well afford judicial remedy to the appellant, adequate to redress the wrong shown to have been inflicted upon him"
 Seeks No Pardon.
 Parker insists in language quite unacCustomed to the serenity of an American tribunal that a pardon by the governor of the state of Cali fornia is not an adequate remedy; that praying for executive elem enecy is an admission of guilt. But -"Consider Mooney's attitude" the impassionate utterance rises out Of the printed page He comes, not as criminal begging forgiveness, but as an innocent man demanding his rights. He has been charged with murder and deprived of his liberty by a judgment which was obtained by fraud He shows, by great mass of convincing evidence, which is neither disputed, contradicted, denied or even questioned, how this fraud was con coCtcd and consummated; and he asks the court, which was defrauded, too, to hear his complaint, and thus put him in the way of being acquitted of the charge, aud of regaining his fiber
 Makes Blood Boil.
 Despising the suggestion of Super for Judge Louderback who denied the audita querela writ that Mooney seek executive clemency, the brief declares:
 "'Clemencyr for what! For being innocent Because he had exposed the fraud? Because he had had the temcrity to mention by name, the 10 and more conspiratOrs, who have combined to outrage justice by pol luting her fair temple with these foul perjuries? It makes the blood boil to have a judge, in the face of such appalling facts, standing as absolute ly true upon the record, so lightly turn the case aside; and that is what has brought such reproach, all over the world upon the administration of justice in California; the idea has pre- vailed and still prevails, that by re- fusing to stamp out and vacate this iniquitous judgment, the courts i'll California not merely have condoned, but actually have approved, of the fraud by which it was obtained, and are aiding in the continuance of the wrong."
 Details of Frameup.
 The brief details, with great wealth of material, the history of the frameup founded upon the I916 Pre- paredness Day bomb explosion. It had been obtained upon the testimony of four witnesses, Frank C. Oxman, John Macdonald, Mrs Nellie Edeau and Sadie Edeau. Of these, Oxman's s testimony, according to Judge Grif- fin who presided at the original trial, was the most important. The two women swore to facts" which tended to show that MooEey might have been on his way to the scene of the e:1- ploslon a short time before 1t took place; the two men swore they had seen Mooney there a few minutes be- fore the explosion, placing vallsc which was said to contain the bomb which exploded.
 Following the conviction, however, when letters, written by Oxman 10 Ed Kigal offering great part of the rewal d money to the latter ii he would offer pcrjured testimony against Mooney and Billings, were brought to Grifin's attention, the judge declared:
 Had they been before me at the time of the hearing of the motion for a new trial, would have unhesitat- ingly granted it."
 Judge Grifi i'll then wrote the attor- ney general Of the state that right and justice demand that new trial of Mooney should be had" Attor- ney General Webb echoed Griffin wish and asked that the judgment be reversed and the case remanded for a new trial.
 Subsequently came the famous Macdonald confession of perjury, the discrediting of the Edeaus' testimony and the complete exoneration of Mooney by the Hatchers who de- clared that ONman, at the time of the explosion, was at Woodland, Calif., 90 miles away.
 In the light of the new disclosures, Parker went into Lorderback's court seeking the audita querela writ. Lou derback in denying the writ declared that it had never been used or recog- nized as a relief in criminal proceed ings; that Mooney was without a remedy under the statutes although he would have liked to hear the case on it's merits, And Louderback sug- gested seeking executive clemency instead of justice
 Remedy for Wrong.