The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-07-18

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Foreign Representatives
SMALL. SPENCER & LEv1NOe
(lncorporAted)
Formerly , g; 1os yor Payne Go. BOSTON
Justice Can't Afford This Big If
It looks as though the country were about prepared TO
unconvict Tom Mooney and Warren K. Billings, who'
whether suilty or not guilty, have for II years been pay
ins the penalty Of the Preparedness day bomb outrage
in San Francisco in June. 1916, when nine persons were
killed and 40 injured during a wartime parade.
The chief thing that stands between the men and free
don, is the testimony Of John Mcdonald, star witness at
the trial, and that has become a mighty tral reason 1or
the two remaining in prison, as Mcdonald, IKE most all
the other witnesses, had admitted that he. too. lied against
the defendants under the bidding Of San Francisco pont-
tcal and industrial interests and for pay from tnem'
Mooney and Billings would probably very generally be
REGARDED as martyrs were It not that they had been fight
Inc ~aritators in the cause Of labor, and their violent meth
dds Of battling a ~rapacious industrial and utility ring that
controlled and corrupted the politics Of sarf Francisco
also weiehs against a ready response to the case that mas
been made out in favor Of their innocence.
The wartime p~rejudices which also undoubtedly aided in
convictinr them have died down. Not 90 entirely the pref
udices Of the system Of Justice as It has been admins
tered in San Francisco many years under the lash, one
time. of q boss like Abe Ruef and at another under the
4080- OF GQe BIdAGAA8 OVAVv O""os
nren,e court. for instance, refused to free the two men
on the amazing assumption that. even II they are inno-
cent. they know something about the explosion and,
therefore, ought to be kept in prison. There Is no evi-
dence that indicates that they know anything about the
outrage, nor were they convicted on such . charge. The
charge on which they were convicted, witnesses VINO
bolstered It up for pay they now say. was that they plant
ed and exploded the bomb left in q suit case on q street
corner curb. The recanters now say they didn't do that.
60 .>s..A .oun~Ia - $tA NAV the uhn1c country
has reacted. It had been demonstrated. before McDon-
AIDS temperance, that the case against Mooney and
Billings had utterly collapsed; but we all said, IN Dffect-
"wel. they're bad actors anyhow; why worry about
them?"
Because of this p~rejudiced attitude the California SUI
preme court was able to make its absurd remark-for-
getting, apparently, that Mooney and Billings weren't
accused Of having knowledge Of the bombing, or Of being
bad actors generally. but solely Of having planted the
bomb.
In the light Of the legal principles on which our system
Of justice is founded the excuse Of the California SUI
preme court becomes q counter outrage Of the most rep
rehensible character. It indicates . vicious spirit In the
Interpretation of the law-suggests the ~unfitness OF the
men who made 1t to defile the bench of any tribunal.
Which is a side feature to the story Of Mooney and Bill
ings.
with the finding Of Mcdonald it would seem that the
time has come for California to deal with this case on
the basis Of the fragile Of so-called testimony that is left.
II McDonalds word could convict tho two men when it
was q lie, why can't It free them now when he says his
words then all were false and now they're true?
The unfortunate feature Of the recantation Of course
lies In the fact that Mcdonald admits that he lied in
1915. II he Is q liar. as he says he was, may he not now
be lying again? It seems that this would be the first test
to be given his recantaton. II he can make 1t stick, If
It has the ring Of truth at last. Mooney and Billings
should be set free. not held because of prejudice against
= ~A&a&a HWao oo,,xtc md q oroot commonwealth
can not afford such odium. Those whom Mooney and
Billings fought were at least equally as mean and abom-
Unable and vicious. The revelations Of San Francisco
graft and political corruption. the stealing Of valuable
franchises. the bribery and plundering Of the city by
utility gang politics have proved that.
In fact, those who convicted the two ~agitators seem to
have repented their deed even earlier than this. Orig
1nally the men were to be hanged, but this death penal
ty was RENTED to life Imprisonment. Why? Did some
bodys conscience rebel at hanging men whom 1t was
known behind the scenes were not guilty and. therefore.
not deserving Of death2 Woodrow Wilson felt that there
WAS something in the case in favor Of freeing the men.
The Judge who presided at their conviction and who
sentenced the men says he now is convinced that there
was . miscarriage Of justice against the two. Their
prosecutor Is living In obscurity like q victim Of retribu-
tion.
In the resume OF the Mooney case printed in The Trib-
une the other day, there was . picture which showed
Mooney and his wife on the roof Of = building q mile
away q few minutes from the time Of the bomb explo.
sion. Yet Mcdonald swore that he had seen Billing
b leave the bomb suitcase on the corner, Join Mooney and
talk with him and then walk away. Chiefly on TIL
strength Of his testimony, the two men were convicted
and imprisoned.
Five years later Mcdonald appeared in Trenton AM
swpre that he had lied. He had never seen Mooney ant
Billings at all, he said: he would not have been able X
identity them II the police had not pointed them out t
him in Jail. He prepared to 60 back and tell his story
but when he learned that he would be prosecuted To-
perjury he vanished. y
Now he. has turned up again, and It Is hard to see hov
Mooney and Billings can be kept in prison any longer. r
q. oxman, the only other important witness agains
Them, has been proved to be a liar. The Judge who tries
Mooney and nine Of the ten surviving jurors who con
Nicted hin have asked that the men be freed. saying tina
they are now convinced Of their innocence. McDonald'
tinal appearance ought to settle things.
This Is good luck for the whole country.
! Il. ut this late date, we are compelled to admit tina
NJ have made I terrible mistake; II ne are compelled
10 admit that our prejudices have made Us commit I