The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-07-28
FILES
new PETITION
FOR CLEMENCY
ReneWS Pardon Request on
Eve of Billings High
Court Hearing.
MACDONALD TO RECANT
Bombing Case Key Ex-
peCted to Admit He Lied
Pair Into Prison.
BY GEORGE d. CRISSEY
United Press STAFF Correspondent

SAN FRANCISCO, July %. -
Preparations were made today for
a session of the California supreme
court in which the case of Warren
K. Billings, convicted of completely
in the San Francisco Preparedness
day bombing, will be retired"
Indications are that the hearing,
to start at 10 a. m. Tuesday, will
be devoted largely to the testimony
of John Macdonald, recanting wit
ness, who came from Baltimore to
tell the seven supreme court JUS
tees that he lied at the trial of
Billings and Thomas j. Mooney in
1916.
Questioning Of Macdonald will
be by the justices, but it is likely
that some cross-eXaniring by
Charles M. Fickert, the prosecutor
who convicted Mooney and Billings,
will be permitted.
Asks Pardon Again
AS though anticipating that the
Governor will use the courts recon-
mendation on Billings as guide in
his case, Mooney today sent a new
petition for a pardon to the Gov
ernors office in Sacramento.
Frank p Walsh, New York at
torney. drew up the petition. 1t
said that Mooney was convicted on
the testimony of Macdonald and
Frank Oman, Oregon cattleman.
Macdonald has confessed that he
was a perjurer, the petition said,
while Oxman's testimony was dis
credited years ago, even by those
opposed to pardon for Billings and
Mooney.
Meanwhile, the disappearance of
two reports on the case for police
files here was reported.
The reports are the basis for
denial by Police Captain Charles
Golf, that he identified Mooney and
Billings for Mcdonald, as the latter
charges in his reputation affidavit.
Both Want to Appear
Both Mooney and Billings desire
to appear personally at the hearing,
but it is unlikely that either will
be permitted to do SO. A petition
by Mooney, asking that he be sum-
moned as a material witness, is be-
fore the court and probably will be
denied before the opening of Tues
days hearing.
The court has indicated it intends
to limit the hearing to Billings case
as the justices are without authority
to act in behalf of or against
Mooney.
In California, a pardon for
twice convicted man, such as Bill
ings, may be issued by the Governor
provided the supreme court recon-
mends it, and this weeks hearing is
being held under the authority of
that provision.
Action on a Mooney pardon petit
tiop must come direct from the
Governor and for that reason the
court is not interested in the
Mooney phase of the bombing case,
even though both men were con-
victed on the same evidence.
Rejected Other Petition
The hearing is the second one
the court has held on the Billings
case, having rejected his petition
early this month. The return of
Macdonald. who wants to deny his
testimony that he saw Billings plant
the dynamite bomb that killed ten
persons, resulted in a decision for
the rehearing.
While Mooney will have no part
in the hearing, it is of Importance
to this case. Governor C. c. Young
denied Moneys pardon application
recently, after the supreme court
declined tu recommend a pardon for
Billings. He explained that he
considered the cases as parallels and
that if one deserved a pardon, both
did.
In view .: his previous action, it
is expected that Governor Young
will follow the judgment of the
| court again