The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-07
JUDGES fling
REPRIMAND AT
. MOONEY FOE
Prosecution Aid, Preiudiced
and Bitter, Is Criticised
at Hearing.
INSISTS MEN ARE GUILTY
Court May Go to Folsom to
Hear Billings Side
of Charges.
BY MAX STERN
Times stan Correspondent

SAN FRANCISCO, Aug. de-
prived by their own witnesses, John
Macdonald and Estelle Smith, Of
direct evidence of Tom Moneys
and Warren Billings guilt Of the
1915 Preparedness day dynamiting,
the Ffckert prosecution has re-
treated to its final trench and
started barrage of propaganda.
Edward Cunha and James Bren-
nan, Fickert aids in the Mooney
Billings cases of fourteen years
ago, took the stand in the supreme
court pardon rehearing here, prom
ising to defeat the pardon by SEN
sational new and outside evidence
against the pair.
When they left they had made
Wednesday a field day for the par
don seekers by statements that left
the seven judges actually gasping.
Cunha, embittered and prejudiced
to the point that drew reprimands
from three of the judges, urged
parole for the two, yet claiming
again and again that they were
guilty. Brennan had urged pardon
"on the ground of social expedi-
ency."
Originals "Are Stolen"
L wasn't worried about the direct
evidence so much" Cunha said. Il
was satisfied that Mooney should be
convicted on his activities"
L object to that" shouted Bill
lings' counsel. Edwin Mckenzie. IF
these men are guilty Of this terrible
crime, they should not be paroled;
they should be hanged"
The outside circumstance"
proved to be the old story about the
anarchist conspiracy" led by Alex
ander Berkman and his blast" to
halt the parade, as Cunha claimed,
by direct action and dynamite"
He had boosted he would offer
documentary proof of MONEYS par
ticipation in this conspiracy, but
when he got on the stand he adj
mitted that the letters he had that
purported to have passed between
Mooney and Berkman were only
copies. The originals, he said, had
been stolen"
Had Plenty Of Time"
Calling the two prosecutors again
and again back to the murder
charge and the time element the
judges sought to get their theory
as to how the alleged bombers could
be in three places at practically the
same time, the 721 Market street
rendezvous, the bomb scene and on
top of the Eiler building. Cunfa
claimed the two had plenty of
time" to make the famous round
trip.
How" asked Justice Preston,
"could Billings have left 72l Mar
ket at ISL, as Miss Smith says he
did, get down to Stuart and Mar
ket streets with Mooney and then
the MONEYS get back to the Eiler
building a 1853 to get photo
graphed?"
Cunha said his witnesses might
have been mistaken as to the exact
time.
Going Behind the Verdict"
Anyway the jury passed on all
that" he added.
yes, but this is a pardon inveSti-
tgation and we are going behind the
verdict" said Preston. Cunha even
kntimated that the clocks might
thave been mistaken.
The parole board should handle
this" Cunha said. IF they think
these men are no longer a menace
to society they should be paroled
Mooney wants to come out and be
the same sort of dynamiter. Billings
was just a young fellow, a tool"
Cunha not only attacked Mooney
and Billings. but he asSailed the
President Wilson mediation commits
sion, the late labor secretary, VIII
liam B. Wilson; John B. Densmore,
author Of the famed Densnlore re-
port, the dictaphone operators that
tapped Fickert's Office. He even at
tackled Duncan Matheson.
You're not being good witness,
Chief Justice Waste told him.
You're being an advocate" Judge
Preston and Richards also criticised
his poisonous shafts
The hearing has been postponed
until Tuesday. There is question
as to whether Billings viii be per-
rnitted 10 leave his cell and Attor-
ney- General U. S. Webb Is deciding
If such procedure is legal. II he
does not, Justice Waste promises
that the court will go to Folsom and
hear Billings side Of the many
charges against him.