The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-21
BILLINGS TRIAL
ADJOURNED BY
HIGH JURISTS
Attorney Pleads Chance to
Argue Case, Challenging
Gossip. Evidence
ACE WITNESS TESTIFIES
Mrs. MONEYS Sister Tells
Court Tom Never
Left Roof
ACE WITNESS TESTIFIES
BY MAX STERN
Times stan Correspondent

SAN FRANCISCO, Aug. 21.-The
supreme court public rehearing on
Warren Billings pardon plea,
brought about by the discovery of
perjurer John Macdonald, adjourned
Wednesday night after four weeks
Of one of the strangest trials" in
THE history of American juriS-
prudence.
About one week Of the four was
given over to delving into the actual
murder guilt Of Billings and Tom
Mooney. The rest was taken up
by food Of opinion, hearsay and
rumor.
At the trials" conclusion, Edwin
Mckenzie, Billings counsel, pleaded
for an opportunity to argue his case,
urging that someone familiar with
it should separate the chaff and the
wheat.
Frank P. Walsh, speaking for
Mooney, moved that all hearsay,
rumor and gossip, all portions Of
testimony tending to show Mooney
guilty of possession of dynamite, all
references to acts of violence or
sabotage in connection with his
name. be stricken from the records.
Promise to Rule on Plea
Z challenge this record for one
scrap Of real evidence to show my
client dynamiter, or saboteur. that
he ever was in possession Of dyna-
mite or guilty of any act Of violence
other than a misdemeanor," Walsh
said.
The case naturally has been con-
Quoted in a Slipshod manner" Nc
Kenzie declared. but from this
hearing record I can, if permitted
to argue, demonstrate the absolute
innocence Of both Billings and
Mooney. The only danger I fear is
failure to treat this evidence objec-
lively. The evidence of innocence of
this crime is so overwhelming no
man can fail to be convinced
The seven judges promised to rule
on EIcKenzies plea within the
week.
At Wednesdays session both sides
played their trump cards. The de
Tense" trump was Mrs. Belle Ham
nlerberg. sister of Rena Mooney.
The prosecution" ace was Charlie
Fickert, chief prosecutor of the
1916 days.
"Never Left the Roof"
Mrs. Hammerberg told of having
seen Tom and Rena Mooney froiu
before o'clock until sitter on the
afternoon of the Preparedness day
parade. She described the clothes
they wore, their actions and con-
versations.
They we're. she swore, with her
and her cousin, Mrs. Martha Tim
berlake, and twenty others on the
roof of the Eiler building, more than
a mile from where Oman and Mac
Donald swore to having seen Moo
ney plant the bomb just before 2:O6
D. m. and three-quarters of a mile
from where Estelle Smith said she
saw them with Billings at 721 Mar
ket street, at 1:56 p. m.
Her story, corroborated by twenty
other persons and the clerk, was
exactly the same as stories told
upon the Moneys arrest by Mrs.
Timberlake, interviewed in Los An
geles, and Tom and Rena Mooney,
interviewed by police in separate
cells.
one dramatic incident recalled by
Mrs. Hammerberg was that had not
Tom Mooney returned to his corner
on the roof three times after help
ing people with boxes to see the
parade and thereby gotten into the
pictures he would have been
hanged"
Fickert Is Disappointment
1T seems like it was an act OF
providence" she said. IF T7om had
been over where I was d, lg the
parade he would not be alive to-
day" 1t was the abb pictures and
the Oman expose that caused
President Wilson to intervene with
Governor Stephens for commuta-
ton Of sentence.
L cid not believe in Toms strike
activities" she said. He was q
Socialist and was intimate with
DebS. but he wasn't a dynamiter
He could not have committed this
murder, for I was with him al
afternoon. and besides, he was not
cabpable of such a terrible crime"
AS a sensation Fickert proved a
disappointment. The bulky ex-foot-
ball star denied the stories his OWL
witnesses EStelle Smith and Mac
Donald told. He said Miss Smith
had never told him of Billings
sabotage confession to her. He said
that AIacDonald's story as to being
coached by him was absolutely
false
Then he gave a brand new &C
count of a conversation with Bill
ings IN Folsom in which Billing:
was alleged to have named Mooney
as the man who employed and PAID
him for stealing dynamite, admitted
10 having dynamited power line:
and said he was a burglar by trade
His story may have convinced
some, but defense counsel Walsh
and Mckenzie refused even tc
crOSS-examine him upon it.
Reunion to Be Held sunday