The labor journal. [volume] (Everett, Wash.) 1909-1976, 1922-04-28
REQUEST PARDON
FOR BOTH MOONEY
AND W. K. BILLINGS
District Attorney Matthew
T. Brady Forwards Letter
to Governor Stephens

SAN FRANCISCO. Cal, April 2G.
After lapse of nearly a year,
District Attorney Matthew |. Brady
has forwarded a letter to Governor
Stephens requesting that he pardon
Tom Mooney and Warren K. Billings,
innocent victims of the San Fran
cisco Preparedness Parade bomb
"frame-up."
Following the superior courts
denial of a writ of audits querela
in the Mooney case nearly year
ago, the district attorney announced
that he would request that the gov
ernor pardon Mooney and Billings.
In spite of repeated requests from
the defense forces and others inter
ested in the freedom of Mooney and
Billings, Brady until now has re-
fused to take this action.
Brady's letter places the Mooney
case squarely before the governor
and leaves but two roads open to the
chief executive, one honorable and
the other dishonorable. He can is
sue the pardons or he can refuse to
take any action as he has in the
past.
No Possibility of Conviction
After reviewing the evidence of
perjury and the confessions Of wit
nesses, Brady says;
"If these matters that have de-
veloped since the trials could be
called to the attention of the court
that had jurisdiction to grant a new
trial, undoubtedly new trial would
be granted. Furthermore, if a new
trial were granted there would be
no possibility of convicting Mooney
or Billings. The passage of time
has deprived the court of any iuris-
diction to grant relief and, under
our legal system the only person
that can take cognizance of these
and act upon them Is
the governor.
81 believe no person that permits
himself to analyze the situation en-
tertains any doubt that Mooney and
Billings were convicted on false tes-
timony."
After stating his disapproval Of
the attitude of Mooney and Billings
towards "our political institutions,
evidently referring to the efforts OF
the two prisoners to obtain better
for organized labor, he
ends his letter with the following:
"The same respect for our laws
that leads me to a disapproval of
Mooney and Billings leads me to the
that they should be par
loned."
Brady's letter follows in full:
April 10. 1922,
His Excellency, William D. Stephens,
Governor of California.
Sir: Although the trials of
Thomas j. Mooney and Warren K:
Billings were concluded before |
,ook office as district attorney, |
lave become familiar with the fur
her evidence developed since the
conclusion of the trials. AS appli-
cations for pardon have been made,
consider it my duty to submit toI
you the conclusions | have reached.
Perjury Admitted
Before the Hatchers gave their
statements to the grand jury, there
vas to say the least. considerable
loubt of the truth of OXman's state
nent that he was in San Francisco
1T the time of the explosion. Since
he Hatchers gave their testimony, |
believe there can be no doubt that
Oxmans testimony was false. Some
months ago, Mcdonald came to San
Francisco and stated that the testi-
nony he had given was false and he
offered so TO state to the grand
Jury provided he would not be in
licted for perjury. Whether Melon
lld's last statement is true or false,
t leaves him in the position of be-
ng entirely untrustworthy. There
nave been other developments that
still further weaken the case of the
If these matters that have de-
geloped since the trials could be
,alled to the attention of a court
hat had juridiction to grant a new
rial, undoubtedly a new trial would
De granted. Furthermore, if a new
rial were granted there would be
40 possibility of convicting Mooney
,r Billings. The passage of time has
the courts of any lurlsdic-
ion to grant relief and, under our
egal system, the only person that
IAN take cognizance of these clrcum-
stances and act upon them is the
governor.
Convicted dlSely
The situation is one that comes
clearly within the purpose of the
provision granting the governor pow
or to pardon. | believe no person
that permits himself to analyze the
situation entertains any doubt that
Mooney and Billings We're convicted
On false testimony. The only reason
fer keeping them in prison is that
they are undesirable citizens and, II
hey have not committed the offenses
they have been guilty OF
other activities that Justify restrain
ing them. | am convinced that such
reasoning is most insidious and. ultl-
mately, most destructive of the very
Institutions that the law abiding
people prize. 1t certainly should
not be employed by the officials
with enforcing the laws.
| heartily agree with those that
condemn the attitude of Mooney and
Billings toward our political lnstltu-
ions. But / think the continued inn
of men convicted on tes-
Limony generally regarded as false
IS more destructive of those institu-
lions than anything agitators, such
as Mooney and Billings, have I'M
their power to do. The same respect
for our laws that lead me to dis
approval of Mooney and Billings
eads me to the conviction that they
should be pardoned.
Very respectfully yours,
(Signed) MATTHEW BRADY,
District Attorney.