The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1930-07-19
BY MAX BEDACHT.
(Conclusion)

IN the case against Billings and Mooney rea-
son and facts were outrageously violated.
The prosecution insisted that Mooney, Bill
ings and Weinberg had transported the bomb
in jitney to the place of the explosion. At
the time Immediately preceding the explosion
the whole territory of the formation of the
parade, of which corner Stewart and Mar!-pt
SITS. was the center, had been surrounded by
a police Gordon. This police Gordon kept all
traffic from the territory. 1t was never ex-
planned and cannot be explained how Vein
berg's jtney with its load could break through
that police Gordon without single policeman
ever seeing it and not only break through one
way, but come back again out of that circle
again unnoticed.
These facts are known to the Supreme Court
of the state of California. They are known
to Governor Young; but they fatty disregard
these facts and take the validity of the test-
mony against Billings and Mooney for granted.
A very important element in the case was
the time. The bomb exploded exactly six
minutes past two o'clock in the afternoon. Ac-
cording to the theory of the prosecution, it
had been deposited on the sidewalk few short
minutes before the explosion. Shortly after
the arrest of Billings and Mooney, a photo
grapher submitted to the district attorneys
office, copies and negatives of photos showing
Tom and his wife, Rena Mooney, on the roof
of a building one mile away from the scene of
the explosion. In that building Rena Mooney
maintained studio as violin teacher. In
front of this building stood a large sidewalk
clock. The pictures submitted to the district
attorneys office showed Mooney with his wife
on the roof of this building. Different ex-
posures of that section by the same photo
grapher showed Mooney and his wife on the
roof of this building at $50, 2:01, 2:02, 2:04,
and 2:06 o'clock. Fickert suppressed these
photographs because they provided Mooney
with a perfect alibi When the defense got
information of the existence of these photo
graphs, it forced the prosecution to produce
them. Fickert produced them, but first mu-
tilated the negatives so that the time on the
sidewalk clock became illegible. The actual
facts were established later. 1t was estab-
Iished by interchangeable testimony that
Fickert at first suppressed and later mutilated
Ibis evidence.
The Supreme Court of California knows
this; so does the governor of California. Yet
as part of the dastardly conspiracy that sent
Billings and Mooney to the penitentiary, they
serenely disregard this fact and keep on
mumbling about the validity of the evidence.
John Mcdonald an addict of dope, testi-
fled against Mooney and identified him. Long
before Mcdonald recanted his testimony, it
was proven beyond doubt that his testimony
was false, that. according to his own testi-
mony, it had been impossible for him to be
at the place where he saw Mooney at the time
he claimed he saw him. The Supreme Court
of the state of California, as well as the gov
ernor of California, knows this; but they con-
tinue their role in this miserable frame-up.
The surprise witness in the Mooney case
was q cattle rancher by the name of Oxman.
He was presented by Fickert to the court as
q most respectable citizen, rich man who
was totally disinterested and whose testimony
therefore had to be given special weight This
character testimony for Oxman became neces-
sary because all other witnesses against Bill
ings and Mooney turned out to be police crea-
lures, prostitutes and dope-fiends Oxman
identified Mooney and testified to the presence
Of Mooney at the place of the explosion imme-
dsatey preceding the explosion.