The Indianapolis times., 1930-08-06
HOPE HIGHEST
IN "A YEARS
FOR MOONEY
Macdonald, Now on Way
Back to Baltimore, Blows
Lid Off Cases.
BILLINGS WILL TESTIFY
Prosecutors Who Sent Men
to Prison for 1916 Blast
to Take Stand.
BY MAX STERN
Times stan Correspondent


SAN FRANCISCO, Cal, Aug. g.
John Macdonald today is en- route
back to Baltimore and to his night
switchboard job.
He probably doesn't realize 1t,
but 'the little identlfier has
starred in the two hearings that
have reopened the famous criminal
trials, and given the first real hope
in fourteen years of pardon for Tom
Mooney and Warren K. Billings.
The coming of Macdonald, whom
most every one here thought dead'
literally has blown the lid from
the cases. ,
When he left these things had
been accomplished:
Chief Justice Waste had an
nounced that Billings would be
brought from his Folsom prison cell
To confront his accuSers, particular
lv Estelle Smith, who has charged
him with committing sabotage, IN
stead of being a dynamiter; MS
coming will be veiled in secrecy as
to the time of arrival.
Prosecutors to Testify
Frank P. Walsh, MONEYS coun-
sci. had announced he would insist
that Mooney be brought from San
Quentin prison for the same pur-
pose.
Charles M. Fickert and his as
.istant Edward Cuhna, prosecutors
of the 1916 days, had been put up
on the defensive and announced
they will take the stand to uphold
their case, now admittedly topping
to its fall.
Duncan Matheson, ex-captain OF
detectives, and now city treasurer,
had taken the stand and publicly
urged pardon for the pair because
of the fiimsy nature of the circum-
stantial evidence that convicted
them.
MACDONALD, who, with the dis
credited Frank Oxman, is the only
witness to have seen Mooney ana
Billings at the bombing scene,
proved himself not only a hopeless
periurer, but also a pSycopath- he
had confessed himself drunk at the
time of his identification, lied both
pro and con, convinced nearly every
one who heard his shifty con1eS-
sions that he was not even at the
scene of the crime at the time.
Billings Given Alibi
Estells Smith had made a show
ing equally pitiful. She had made
it impossible to believe the Mac
Donald story by placing Billings al
exactly the same time 4,066 feet
away from where he said he seen
'em." She had provided Billings
with an alibi almost as perfect as
that of Mooney.
She had reduced the entire F1ck-
ert-Cuhna theory of the crime tc
absurdity. For she said she saw
billings on the roof of her build
ing five minutes after the head Of
the parade passed her dental office
at l:51 o'clock.
This would mean that, under the
prosecution theory, Billings woulc
have had to leave the building a.
Sc. join Mooney at the foot OF thE
stairs. carry the lethel SUITCASE
three-ouarters of a mile and de-
post it.
Like wonderland Tale
Mooney and his wife then would
have to return there, travel more
than a mile to get on top OF the
Eiler building, seven floors up witt
no elevator running, to be photo
graphed at 1853. AL this in two
minutes.
And through streets filled with
marshers or sidewalks packed with
people.
The Mooney alibi had been intro
duced graphically before the court
for the first time, two perjury con-
fessions of Macdonald and Miss
Smith had been introduced, the cir
cumstances of securing both min
utely gone into, the judges left to
believe two self-confeSSed periurers
as against such men as Edward
Nockels who secured the former and
Fremont Older who secured the lat
ter.
To those who have packed the
supreme court room for the past
days the rehearing sounded like an
Alice-in- Wonderland tale.
Wide Latitude Given
The Judges have given the widest
latitude and no attempt has been
made to confine it to legal bounds
This has permitted much preju-
dicial matter to creep in, particu-
larIy through inSinuationS by JUS
tice Preston. He has tried to imply
that undue and improper influence
has been brought to bear upon
Macdonald and Miss Smith.
Preston's insinuation as to infiu-
ences of the reds" was protested by
Edwin Mckenzie. counsel for Bill
ingS.
Il have tried to keep this hear
ing on an objective basis" he said
81 most seriously object to trying
any one here on any extraneous
charge. Ny client Is in jail and
this is a serious matter"
The case promises to drag on in
definitely.
ri.v,for Crash Causes Death