The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-12-02
STIRRING PLEA
/. IS VOICED FOR
TOM MOONEY
Jimmy Walker Blends Fiery
EIOquenCe and PathoS in
Pardon Appeal.
CASE CALLED PERFECT
Throng Riots at Courtroom
Doors as Governor
Grants Hearing.
BY GEORGE H. BEALE
United Press staff Correspondent

GrantS hearing.
BY GEORGE H. BEALE
United Press STAFF Correspondent
SAN FRANCISCO, Dec. "A
fiery demand by Mayor James j.
Walker of New York for the pardon
of Tom Mooney-a pardon to re-
tract injustice dealt by perjury
was before Governor James Rolph
Jr., today as the last court of APP
/ peal for CALIFORNIA; most famous
/ prisoner.
/ 1t was an ernest and forceful
/ counsellor who pleaded before the
/ Governor Tuesday, bringing quick
tears to the crowd of spectators as
he described MONEYS plight and
holding his audience with an at
tack on the case built around the
convicted labor leader.
Only the formal morning coat and
striped trousers bespoke the dap
per, genial mayor of New York, as
Attorney Walker proceeded to weld
the final links in MONEYS chain of
legal evidence and then swung alb
ruptly to the human side of the
case.
Drama Marks Hearing
The dramatic hearing in the SUI
preme courtroom-th first ever
given Mooney by California Gov
ernor since he went to prison fifteen
years ago-reached its climax when
Mayor Walker revealed the new
angle" he had promised on arriv-
ing here from the east.
1t was letter from Charles w
Fickert, the district attorney who
prosecuted Mooney and won a con-
viction.
While alleged Communists outside
the state building rioted and battled
police as they stormed the doors of
the courtroom, Walker read the let
ter from the one man who stead
tasty had maintained his belief in
Moneys guilt.
I'm my opinion, you probably are
right in maintaining that it would
be to the best interests of the state
that executive clemency should be
granted to Mooney the letter said
in part.
THE sentencing judge, the liv-
! ing jurymen, the former Governor,
and the prosecutor of Mooney-if
this is not a perfect case to present
to your excellency for the exercise
of the pardon power, then counsel
is at a loss to imagine one Walker
contained.
Makes Stirring Plea
He recalled that Judge Franklin
Griffin was convinced of Moneys
innocence, as were all ten of the
living Jurors who had found him
guilty of the 1916 Preparedness day
bombing, in which ten persons were
killed.
Suddenly Mayor Walker turned
and saw Mrs. Mary Mooney, a.
year-old mother of the convict sit
ting white-faced and tense with
Mrs. Rena Mooney, his wife; Miss
Anna Mooney, a sister, and John
Mooney, his brother.
The sun will go down tonight, il
will go down tomorrow night, anC
for countless nights to come" he
said. Some day it will go doWr
and Mrs. Mooney won't be here.
Don't let that unnatural condi-
ton come to pass, that Tom Mooney
will be alive and not be there"
He turned back to the history Of
the case, reiterating the previou;
assertion of Frank P. Walsh, aSso-
ciate counsel, that Mooney was con-
victed on testimony of Frank OK.
man and John Mcdonald, both Of
whom have been discredited.
He read a letter from William
MacNevin, foreman of the convic.
ton jury, setting forth these claims
Decision to Come Soon
after fifteen years, the sentenc.
ing judge and ten of the jurors whit
found Tom Mooney guilty remain
God Almighty in His wisdom anC
by His grace has preserved thest
jurors, kept this judge, kept Nc.
Donald alive until the day wher
this plea might be brought before
this distinguished tribunal.
The Governor said this mornin
that he would give his decision q
quickly as possible, but indicated
would be thirty days or more befor
it was ready.
AS a result of the asserted Com
muniStic demonstration during tn
hearing Tuesday twenty-one me
and four women were scheduled
appear in court on charges rangin
from assault to disturbing tn
peace and melting to riot.
Fifteen we're arrested when the
attempted to get into the hearin
and four were arrested when the
attempted to free the fifteer