Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-12-02
GOV. RO[PH HOLDS
FATE Of MOONEY
Executive Decision Expected
After Prosecutor Fickert
Says He Favors Pardon.

By the Associated Press.
SAN FRANCISCO, December q
The case of Tom Mooney has been
transferred from the solemn chambers
of the California Supreme Court in
the State Building here to the Gov
ernor's office, two floors below The
fate of the man who has served Is
years in prison for a murder which he
says he did not commit rests with the
only individual who can pardon him.
The pardoning power of Gov. James
Rolph, jr., was stressed yesterday as
James j. Walker, Frank P. Walsh and
Aaron Sapiro pleaded in impassioned
tones for executive clemency for the
man who was convicted of placing a
death dealing bomb in the vicinity of
a parade in San Francisco July %,
1916
mo court can help him." said WAL
ker THE League of Nations cannot
aid him, none of the At Governors can
do any good. all the kings horses and
all the kings men are powerless. Only
your excellency, the Governor of Cali
fornia, can right this wrong, correct
this miscarriage of justice"
Mayor Walker announced after a
visit to his physician that he would
leave for New York late today.
DeClsfUH 10 De delayed.
Mooney will not know for weeks,
perhaps months, whether he is to be
freed or remain an attendant at the
officers and guards mess at San Quen-
tin. Gov. Rolph and his advisers, Matt
I. Sullivan, and Lewis F. Byington,
representing the law, and Daniel j.
O'Brien, State director of penology,
must study the record, one of the most
voluminous in the history of jurispru-
dence, covering a period of Is years.
A bailiff outside the court chambers
may have had the right slant A spec
tator remarked as he left that it was
too bad Mooney might have to wait
three months to know his fate
What's three months" asked the
bailif, ito a man who has been in
jail for IS years."
The arguments for the pardon stood
out in sharp contrast. Walker spoke
dramatically. Walsh, 81 years old, who
has studied the Mooney case more than
a dozen years, said calmly over and
over again that Frank C. Oman and
John Macdonald, key witnesses in the
conviction of Mooney, were proven per-
jurers.
Walker recalled that he said to him
self What can I add?" when he was
dohcu W piSdQ lOI MOOlley, anu no"
he was finally persuaded by telegram
from MONEYS 83-year-old mother.
After reaching California he called on
Mrs. Mooney and on Tom Mooney at
San Quentin Prison
And oh, your eXcellency," he said,
"aS I saw this old lady with whom you
are familiar, when l first looked into
her face and thought of one who had
gone before, it made it possible for me
today to address you, and only possible
by great sacrifice. l wasn't satisfied.
l knew enough about human nature to
know that kind of motherhood can
never see any wrong in her boy.
And so, to satisfy myself, l went
down yonder and inside of the walls of
San Quentin. I knew Mooney by repu-
tation; I knew the record.
Wanted to See Mooney.
But I wanted to see The record
was fine, the record was clear, the rec
ord was convincing that there had been
a miscarriage of justice. And yet, the
terribleness of this crime. 1 could not
efface from nv mind the terrible con-
sequences of making any contribution,
of being party to any kind of a move
ment that would take deSplcaple
guilty one out of the hands OF the Jaw
and away from just punishment mat
should be visited upon him.
Il wanted to satisfy myself before L
made one word of plea to your excel
lency, look into his face with prayer
on my lips to Divine Providence lot
guidance, for better understanding OF
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