The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-20
BILLINGS FOES
HAGGLED OVER
MOOSE DEMAND
Prosecution Threatened to
Throw Aid Out Window,
Says Reporter.
DEATH FICKERT'S GOAL
Assistant States Attorney
Admitted Doubt of
Guilt, Is Charge.
BY MAX STERN,
Times stan Correspondent


SAN FRANCISCO. Aug. 20.-How
James Brennan, former assistant
prosecutor. told Of "a violent row"
with his chief, Charles Fickert, who
threatened to pitch him out Of a
sourth-foor window because he re-
fused 10 ask for a hanging verdict
for Warren Billings was told here
Tuesday by Edgar T. Gleason, news
paper man. in the Billings pardon
rehearing, now reaching its climax.
Brennan told me he had had a
violent row with Fickert over Bren-
mans refusal to ask the Billings jury
for a hanging verdict" Gleason
said. "Fickert," he said, was so
angry that he threatened TO throw
Brennan out of fourth floor win
dow"
Gleason recounted an interview
he had with Brennan in which the
Billings ex-prosecutor confessed he
held serious doubts as to Billings
guilt. stated that had he been on
the Jury he never would have voted
a guilty verdict, declared that he
was obsessed by the prosecutor
complex and blinded to the real
truth.
Thought II All Bunk
Brennan thought it was all the
bunk" Gleason said, the Oman
perjury had been exposed. Mac
Donald had changed his testimony,
and Estelle Smith had wobbled all
over the lot
Fickert, due to take the stand this
week. denied Gleason's story of the
row.
Fremont Older. Gleason's chief,
scored a touch upon his adversary
of the day before. Justice John w.
Preston, when he took the stand
again TO explain why he and his pa
per, the Bulletin. had opposed the
Preparedness parade.
He reminded Preston that he Tas
acting along with millions Of Amer
leans, who we're supporting Wood
row Wilson because of Wilson'S slo-
gan. HE kept us out of war"
Wilson. he explained, was re-
elected because of this feeling in
California, a pivotal state that went
Democratic for the first time in
years because of the support of Will
son by lovers of peace. The thrust
went home, for Justice Preston Their
was a Wilson appointee as United
States district attorney here. Ano
Preston declined to cross-eXamine
the editor.
Fails to Gain Point
Judge Preston failed to gain his
point on several other occasions
once when Older said he never had
approached John Macdonald to OBJ
tain a perjury confession. Preston
in reply, questioned Older'S method
OF obtaining Estelle Smiths perjury
confession.
That probably was because Mac
Donald didn't wear skirts" he said
at Older.
And that's typical country law
yer method of examining witness,
answered Billings lawyer, Edwin
Mckenzie. Older merely smiled.
At another time. Preston cross
examined Gleason from an anony-
nous letter passed him by Ed Cum
ha and purporting to implicatS
Older in a frame-up to get a con-
feSSion from the writer for $500.
That's the first time in my life
I've ever heard an anonymous letter
used in a courtroom" declared Nc
Kenzie. Preston desiSted and Of
fered the letter to the press.
Discharged for Boast
The testimony of the late JOIN
Crowley further was discredited b.
a telegram from Kelly Kent. WHIT
said he discharged Crowley becausl
Crowley lyingly boosted of having
seen Billings and "a Mexican" neal
the dynamiting scene just befor,
the explosion.
State Senator Edgar Hurley re
Euted a statement by Billings tina
he. Hurley. had paid him SIS Il
take a suitcase filled with dyna
mite from Oakland to Sacrament
at the time Of Billings first est
Cunha today was to take the
stand to brand as false the stor,
of Bernard Dunno. superintendent
of the Eiler building. perfecting TIT
abb Of the MONEYS and adding
that he CDunne) had told CunhS
OF the fact of their presence on thu
roof between las and 2:l0 OF .h'
dev Of the parade.