The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-07-29
MOONEY KEY
BEFORE court 5.
TOBARE LIES
Supreme Justices Hearing
Macdonald Tell Story of
Bombing Perjury.
'FACT-FINDlNG GROUP
BY Your Own Judgment
You May Know ! Give
Truth Says Witness. ,
BY GEORGE ID. CRISSEY
United Press Staff Correspondent

United Press stan Correspondent
SAN FRANCISCO, Cal, July 29.-~
John Macdonald, recanting witness,
went before the California supreme
court today to repudiate his testi-
mony against Warren K. Billings,
convicted of completely in the 1916
Preparedness day bombing in San
Francisco.
The session of the supreme court
began shortly after 10 a. M, when
Macdonald was sworn in by Chief
Justice Waste.
Responding in a low tone, almost
whisper, the prematurely aged
man who was a star witness against
Billings in 1916 and against Thomas
j.. Mooney, convicted of the same
crime in 1917, Swore to tell the
truth in regard to his part in the
murder conviction of Billings.
Formally was disregarded by
Chief Justice Waste, who explained
that today's session was not a meet
ing of the supreme court but that
the seven members of the court
ARE serving as fact finding COM
mission for his excellency, the Gov
ernor."
Judge John w. Preston of the
court was appointed by the chief
justice to conduct the questioning
and after the usual preliminary
queries as to residence, age, etc,
swung directly toward MacDonald's
Reputation story.
Committed a Wrong"
II have a regard for the truth,
Macdonald said as his watery blue
eyes darted nervously around the
justice chamber
II am aware of the great interest
created by my affidavit which tells
that I committed a wrong in testi-
flying against Mooney and Billings"
One of the early questions put by
Judge Preston was:
How are We to know you are
telling the truth now and did not
tell the truth them"
The judge referred to MacDonald's
original trial testimony in 1916 when
he identified Billings as the man
who planted the bomb at the scene
of a pre-war parade which, when it
exploded, killed ten persons and in
jured forty.
"By your own judgment" Mac
Donald replied without a pause.
Affidavit Is Filed
Just before the questioning be-
gan Frank P Walsh, New York, at
torney for Mooney, attempted to
force consideration of his clients
case into the hearing by asking that
transcript of an interview be-
tween MacDonald'S attorneys and
Governor G. C. Young be given the
judges.
Governor Young has indicated"
Walsh said, that the recommends
ton of the court in regard to Bill
lings pardon will be used as guide
in disposing of MONEYS case"
The court, however, did not rule
either way on Walsh's request.
Hillary Cans and Charles Ruzicka,
Baltimore attorneys who accompa-
MED Macdonald here, introduced an
affidavit pertaining to their knowl-
edge of the case. The document
was accepted by the court, but was
not made public.
Prosecutor Is Present
At a spectators table sat Charles
M. Fickert, the district attorney who
prosecuted Mooney and Billings.
II have proof that will blast Mac
Donald's story and I'll explode it as
soon as I get the chance" said Flick
ert.
Macdonald was Star witness for
Fickert in 1916 and also was used
against Mooney in 1917.
The court room was filled. News
paper men, attorneys and idly
curious were gathered around the
tables in front of the big court
bench, behind which, sat the seven
justices.
Admission to the hearing was by
ticket issued by the court, and only
100 persons received tickets.
Across McAllister street, lined
along the curb, standing on running
boards of automobiles and on the
civic center lawns were curious citi-
zenry.
The court was tense. All eyes
we're centered on the witness.
Denies Under Influence
Are you allied with any infiu-
ences?" Justice Preston asked Mac
Donald.
mo"
] was in the clutches of Fickert
and could not get away" Mac
Donald said when asked to explain
his alleged Justification at Billings
trial. fourteen years ago.
Fickert, once known as "the thun-
derbolt'' sa' immobile and silent,
facing Macdonald.
Technically. the hearing involves
the application OF Billings for a
pardon from Folsom prison, the
state penal institution for "two-time
losers" Actually, it amounts to a
retrial for both Billings and Mooney,
convicted OF causing the deaths OF
ten persons in the bombing.
Today's hearing Of Billings plea
has brought hope that now. after
fourteen years of delay and dis
couragements the men at last will
be free.