The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-02
Governor TO
HOLD MOONEY
HEARING TODAY
High Court ReCeSSeS to Let
Executive Hear Key
Witness.
RECONVENES ON MONDAY
Evidence on Billings to Be
Continued; Conflicting
Stories Told.
BY GEORGE d. CRISSEY
United Press staff c Correspondent


| United Press staff Correspondent
SAN FRANCISCO, Aug. 2.-The
California supreme court laid aside
the retrial of Warren K. Billings to-
day SO Governor G. G. Young might
review evidence on which Thomas j,
Mooney was convicted of completely
in the San Francisco bombing, July
%, 1916.
Although the two men were con-
victed of the same crime on virtual
ly the same evidence, it was neces-
sary that their cases be reviewed in
different manner.
The court must act for Billings,
because he previously was convicted,
while the Governor has the power to
free Mooney.
To Repeat Reputation
John Macdonald, one of the two
recanting witnesses in the cases, oc-
cupies an important position in the
hearing before Governor Young, to
open in Sacramento late today. He
will declare again that Identification
Of Billings and Mooney as the dyna-
miterS of Preparedness day parade
was false.
The other reputation witness,
Estelle Smith, will not testify at
the Mooney hearing as she was not
witness at his trial.
Miss Smith, however, furnished an
alibi for both prisoners during her
appearance before the court with
the result that Frank P. Walsh, at
Etorney for Mooney, announced he
would seek an entire new trial for
his client.
Both in Same Place
Where Billings was, there was
Mooney" Walsh declared in COM
menting on the Smith woman S
story that she saw Billings coming
from the roof of building almost
a mile away from the bombing
scene at about the same time the
explosion occurred.
The two reputation witnesses
added little to the case, in the opin-
ion OF the court, and created greater
confusion in the fight of the pair
for freedom from the prisons where
they have spent almost fourteen
years.
The Sacramento session, which
will be attended by the Governor
and members of his pardon advisory
board, will be brief one, the plan
being ITO conclude tonight.
Monday the supreme court will
resume it's deliberations.
AS aids to their decision or the
freedom of Billings, justices of the
state supreme court have their
choice between utterly irreconcilable
stories of two self-announced per-
jurerS.
These are Macdonald, Shrunken
shell of a man, whose testimony
only served to throw the court into
confusion, and Miss Smith, whose
story hopelessly is at odds with Mac
Donald'S.
Lied on Identities
Both, lin the interests of Justice
and fair play" made affidavits to
the effect that they had lied in
their Identification of Billings and
Tom Mooney as men they saw near
the scene of the 1916 Preparedness
day bombing which claimed ten
lives.
Within the last three. days, both
again have turned about, Mac
Donald into every avenue that
opened before an obviously Grant
conscience, the Smith woman back
to the story that she actually saw
Billings under suspicious circum-
stances on the day of his supposed
crime.
But his crime, she now declares,
was not the bomb explosion, but
the relatively harmless act of
spraying corrosive acid on parked
automobiles.
Not only was she convinced such
had been Billings accusation on
that afternoon, she said today, but
Billings himself had admitted as
much to her in a hitherto unpub-
lished interview after his convic-
ton.
Collected From Union
He perpetrated the sabotage, she
said, for S. a day and ST for each
car sent to garages for repairs
through his efforts. He kept list
of license numbers of all cars
treated by him, and collected from
a labor union, she said he told her.
Despite the fact that the woman's
story seemed a new and sturdy
alibi for Billings, his attorney, Ed
win v. Mckenzie, declared angrily
that it was not true, and asked the
court if he might bring Billings
down from Folsom prison to give
her tale the lie.
From the attitude of the justices,
it appeared that McKenzie's request
would be granted.