The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1928-12-19
DISMISS TOOHEY
RIOT FRAMEUp
Prosecution Gets New
Warrant for Miner
Continued from Page One

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had no case whatever. But at the
hearing before Judges Reed and
Cohen, the motion of District At
torney Gardner to nolle PROSE- the
case was fought bitterly by Attor-
neys Hays, Porter and Ellenbogen
of defense counsel.
The judge declared to Hays that
the court could not be used for
publicity purposes, as the defense
intended"
Hays answered that deep issues
of constitutional rights, freedom of
speech, etc, were at stake, and that
the defense wished to bring into
light activities of the police in beat
ing, clubbing workers, etc.
Due to the arrangement between
the district attorney and the prose-
cution, the judge nolle pressed the
case, with costs on the county. The
prosecution had no witnesses except
the state police. The court room
was filled with lawyers, students,
ministers, labor leaders and miners.
The case attracted wide attention,
and the defense counsel was pre-
pared to make a brilliant fight for
the rights of the workers.
Immediately after the case was
nolle pressed, a warrant was sworn
out to arrest Corporal Onko, who
viciously slugged Toehey at the
Renton meeting where Toohey and
Brophy were arrested. The war
rant charges Onko with assault and
battery.
AS soon as this was known to the
prosecution, it announced a new
warrant had been issued for the ar
rest of Toohey. The nature of the
new frame-up charge cannot be as
certained at present, as Toohey had
not been arrested at late hour to-
day.
barrow Outlines Case.
Clarence Darrow has issued long
statement on the nolle pressing of
the case, and denouneing the new
frame-up planned against Toohey,
and condemning the state police as
strikebreakers. He says:
Son March 9th, last, a meeting
of striking and unemployed miners
with their families were assembled
in their own hall in Renton, Penna.,
while Patrick Toohey, leader of the
Miners Union, and John Brophy,
another miner and leader, were adj
dressing the crowd.
"Some ten or twelve members of
the state constabulary forced them
selves into the meeting, sitting in
the back part of the hall; these were
obviously trespassers and had no
business whatever in the meeting
and would, of course, never have
dreamed of going to it if it had
been called by the employers. These
ignorant officials instructed the
speakers as to what they could talk
about and what they could not talk
about. The police took their seats
in the back of the hall, and at
certain time, without any reason
whatever, made their way to the
speakers platform and ordered the
meeting to dispense, After beating
up Patrick Toohey, one of the
speakers, they then took the two
men to the home of Mr.. Bard, one
Of the owners and officers of the
Renton mine, and then telephoned
the sheriff of Allegheny County to
come to the house and arrest these
two men. They were then taken
to the sheriff's office and put under
a searching inquisition and after
holding them for an hour or two,
an information was filed charging
them with riot and melting to riot.
They were placed under bail and
released.
Continued Raids.
Thereafter the district attorney
presented the case before the grand
Jury and both defendants were in
dieted for riot and melting to riot,
and placed each under bond of
thousand dollars. This indictment
vas returned by the March grand
Try, which has been pending until
lay. When the defendant came
court this morning the district
orney asked the judge to nolle
.sse the case and dismiss it.
ovious to this time the same gang
f police raidcd various meetings
the district for the evil