The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-08-13
BY MAX STERN
riu.. STAFF CorreSpondent

dence that another of the states
key witnesses in the 1916 Prepared
ness day murder trials actually was
an absentee was to be offered to-
day in the Mooney-Billings ''retriaf
before the seven California supreme
court judges.
The newest witness the defense
will seek to add to its growing list
Of proven perjurers is the late John
Crowley. auto merchant, who
helped John Macdonald "see" War
rem Billings near the explosion
scene. Crowley swore he saw Bill
ings with a man who looked like a
Mexican eleven minutes before the
explosion a block from where Mac
Donald testified to having seen them,
Edwin Mckenzie, Billings lawyer,
promised to produce an army officer
10 swear that Crowley was under
this officers auto fixing the clutch
for one hour prior to and at the time
Of the explosion and half block
away from the scene of the tragedy.
Mile From Scene
Crowley thus would be the third
of the Fickert- Cunha- wit
nesses shown not to have been even
at the scene of the crime where they
identified Mooney and Billings.
Frank Oxman was at woodland,
ninty miles away. John MacDon-
aid now is believed to have been a
mile from the scene in a barber
shop at the time.
Mckenzie promised other new
witnesses, several from out Of town.
Tuesdays session developed two
important points. One was that the
alleged conspiracy evidence,
thrown out of court fourteen years
ago, is not to be introduced until
after the judges croSs-question
Warren Billings in his prison home
Thursday night, and possibly not
then. Justice Waste announced
that it would be admitted now only
for identification. The other was
that the judges apparently are
wearying of the hearing.
Mckenzie repeatedly objected to
remarks interjected by Justice Pres
ton.
You're wasting your and our
time" Preston said, I've listened
to as little Of your croSs-examina-
ton as possible. It's an affront to
this court"
Admission Obtained
Preston even threatened to halt
the hearing forthwith.
If this sort of thing keeps on l
will move that we adjourn and quit
this hearing" he snapped. 1T is de-
generating into a harrangue. It's
nothing but corned beef hash"
Justice Shenk. however, inter-
rupted with: Let us go on.
Your honors." countered McKen-
ne. the worst periurers in the world
have been allowed ample time 70
bolster their cases. When we seek TO,
We are told to cut it short"
Otherwise the hearing generated
much more heat than light. EX-
Prosecutor James Brennan made an
admission that proved feather for
the defense. He said he did not
wish TO leave the impression that
he wanted Mooney and Billings de-
MED a pardon.
II wish my statement that !
thought Billings guilty stricken from
the record" he said. Il feel it is up
10 the Justices to decide that" 1t
was Judge Preston himself that
brought out the point that Brennan
had signed a pardon plea for Bill
mgS.
Change Case Theory
Ex-Prosecutor Edward Cunha
when asked Why he had not called
Crowley, Estelle Smith, or one
Rominger in the Mooney trial, re-
piled that "the defense could have
called them" Mckenzie claimed 1t
was because the prosecution had
found Oman and thereupon
changed its whole theory OF the
case.
To prove that it was possible for
Mooney and Billings TO have taken
their famous trip from 721 Market
street to the crime scene at the foot
Of Market street and then back In
time for the MONEYS TO be pho
togrsphed at 1853 on top Of the
Eiler building more than q mile
away, Cunha said he had Just
driven the distance in his car from
the scene OF the crime to the Eiler
building In 81 and minutes with
out going faster than thirty miles
an hour"
Mckenzie reminded him he had
only two minutes. If his own wit
nesses were 70 be believed. to make
il from til Market. a distance Of
1000 feet farther; that the elevator
70 the seventh floor wasn't running
in the Eiler building: that Mooney
would have had 70 change his suit
TO 1T AacDonald's word picture:
that the streets we're filled with
people and no autos we're allowed
on Market street.
This Is not witness" he burst
out at last. hes an advocate"