The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-01
COURT RULES
! BILLINGS NOT
TO Be CALLED
Widely Conflicting Stories
Told by Two Trying to
Prove They Lied.
WOMAN HOLDS STAGE
Asserts Convict Was Out
Squirting Acid on Cars
When Bomb FIared.
BY GEORGE d. CRISSEY
United Press STAFF Correspondent

SAN FRANCISCO, Aug. 1.-The
California supreme court ruled to-
day that it was not necessary 70
call Warren K. Billings from his
Folsom prison cell to aid in clearing
I'D confusion. caused by conflicting
evidence offered in the courts re-
view of the San Francisco bombing
of July %, 1916.
A PERSONAL appearance of Billings
was sought BY Edwin V. Mckenzie,
attorney for Billings, to refute or
confirm a strange story related by
Estelle Smith, the second repudia-
ton witness to appear before the
court.
Chief Justice William H. Waste
announced as the hearing opening
today that Billings would not be
summoned for the present, but he
added that "if at any time later the
justices feel Billings presence to be
necessary, he will be summoned as
witness.
After the court rejected McKen-
zie's request that Billings be sum-
moned, Frank P. Walsh. New York
attorney for Mooney, addressed the.
court ard asked the status of his
client.
Decide Mooney Status
Walsh said Governor c. C. Young,
who has the power to pardon
Mooney without court action. had
told him he would follow the recon-
mendation of the court in the Bill
lingS case in disposing of MONEYS
pardon application.
The court told Walsh that he had
a right to cross-examine any wit
ness when testimony pertained to
Mooney and that such right had
been his all through the hearing but
that officially the court lacked juris-
diction m the Mooney case. The
court ACTS on pardon applications
for twice convicted men, such as
Billings.
Walsh then requested the court to
call Mooney from San Quentin
prison as a witness but it was ruled
that he was not needed and the
matter was left in the same status
as the Mckenzie request.
A clash between Mckenzie and
Walsh occurred when the latter said
he wanted Mooney to testify be-
cause of Miss Smiths story that
Billings practiced sabotage.
Woman Is Recalled
Picturing sabotage as a horrible
crime. Walsh said that some peo-
pie might. believe that a man guilty
of sabotage could be guilty of dyna-
hitting and that such thought
might include Mooney as it is gen.
orally known that the paiRs were
close friends.
Mckenzie objected to Walsh ar
guing the case of Billings.
The clash died suddenly when
Walsh in an apology said no harm
was intended.
Estelle Smith was recalled as the
DAYS first witness.
A strange tale which, if true, COM
uletely exonerates Billings from all
blame in the bombing affair, was re-
lated by Miss Smith.
Speaking rapidly, she added a
variation to her former testimony.
1t was that Billings had confessed to
her in his cell, with Fremont Older
present, that he was actually out
squirting acid on automobiles on the
afternoon of the explosion.
The suitcase that she Thought"
in 1916 contained dynamite she now
thinks" contained acid.
Regulates Reputation
While it proves a new alibi for
Billings, the story doubtless will be
denied by him.
1t was on Wednesday. March 20,
1929, that this witness, once star
in the Fickert armament, humbled
herself in a confession as AFFECT as
that of John MacDonald's.
She swore that she never was
certain Billings was the man who
she said carried a suitcase into the
dental Office in which she worked
on the afternoon of the explosion;
that when she told Fickert she was
QOuUllu1 VI 4lCE A0CA1AAANNN@S~@ ~-~-~
was refusing to testify against him,
he CFckert) threatened to send her
to prison"
She further declared that Martin
Swanson, undercover man for local
corporations, also threatened her
with arrest; that during~the Bill
ines trial she was a morphine adj
dict and actually took morphine
tablets during that trial; that
Frank Oman, the honest cattle
man" Of the Mooney trial. called
upon her also, saying he had been
sent to offer her money in five fig-
ures ifsshe would only say she had
seen Tom Mooney in the building
on that day.
She declared that Fickert tried
to force her to identify Mooney as
a man she had seen in the build
ing, and that he declined to sub
pena other persons she named as
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