Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-12-02
TOM MONEYS FATE
RESTS WITH ROLPH
AS FICKERT AIDS HIM

Continued From First PageD
human nature than I had ever had be-
fore. And / went
And what l saw l can't describe.
But not in that face was there the ca
pactty for such an atrocious crime. Not
in that clear, yet sympathetic, kindly
blue eve did I find the mirror Of a soul
so depraved as to be guilty of his
crime. l saw gentility, obvious injus-
tice. ! saw kindly man grown old IN
appearance inside of those walls.
heard a voice that was sympathy itself,
and his eye looked straight forward, did
not sWerve. I knew the record was
right, ! knew the judge was right. I
knew the living jurors had seen the
light, l knew there had been a great
miscarriage of justice"
Agitators Arrested.
Soon after the hearing was started
q crowd carrying banners assembled in
the square outside the State Building
They chanted Free Tom Mooney" and
two delegations attempted 70 enter the
court room. Entrance was refused.
The indignant shouts following the
double refusal precipitated mild dis
turbance and half dozen patrol
to the police station.
Charles NJ. Fickert, who prosecuted
Mooney, expressed his belief today that
the best interests of the State probably
would be served by granting Mooney
executive clemency.
The former San Francisco district
attorney made the statement in a let
ter answering telegram from Mayor
Walker. So far as known, it was the
first time Fickert had spoken in favor
Of freeing Mooney.
He said he was influenced by re-
port Of former Gov Young, who made
a special study Of the Mooney case,
that Oman, one of the chief witnesses
against Mooney, gave perjured testi-
mony and was nothing more or less
than a publicity-seeking romancer."
Fickert added he had believed OK
mans testimony was the truth.
las district attorney" he said, 81
presented TO the jury only such evil
dence as was gathered by the police
department and in doing SO acted with
out prejudice or malice"
Text of Fickert's Letter.
The letter follows:
Your telegram this date received.
I need net tell you that l have given
serious consideration to the cause Of
the people vs.. Mooney.
In discharge of my duties as an Of
fetal of the State of California, l en-
deavored TO act impartially without
fear or prejudice. I had confidence in
the truthfulness Of all evidence adduced
at the trial
Il conscientiously believed the testi-
mony given by Frank C. Oman was
the truth. Later, until the very last
time l say him, he maintained the
same position and insisted always that
the evidence produced against him was
not true. However, Coy. Young
said he had especially studied his tes-
timony and went deeply into the testi-
mony Of witnesses produced to discredit
him, and, in his message to the Legis-
lature, found to the contrary in these
words:
II have made special study of OK
mans testimony and desire to say that
/ thoroughly discredit it. l have per-
sonal!y and at great length interviewed
both Mr.. ana Mrs. fletcher of Wood
land, where OXman visited on the
morning of July %, and am convinced
that he did not arrive in San Francisco
until hours after the explosion took
place. l believe Oman was nothing
more or less than a publicity-seeking
romancer, so l do not believe his con-
nection with the case was through any
connivance or conspiracy with the pros
ecuting officials
"As district attorney, I presented to
the jury only such evidence as was
gathered by the Police Department and
in doing so l acted without prejudice
or malice.
AT the present time I am only a
private citizen, and therefore no longer
in this case and had no occasion TO
discuss the merits of the case with the
present Governor
However, in answer to the request
contained IN your telegram, End par
ticularly IN view of the conclusion of
former Gov. Young, herein above men
toned, in my opinion, you are prob
ably right in maintaining that 1t would
be to the best interests of the State
that executive clemency should be
granted to Mooney"