The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-04-22
MOONEY OPENS
NEW FIGHT TO
WIN FREEDOM
Governor Says Hope Still
Is Left for Pardon;
No Surprise.
Continued from Page y

new witnesses produced, I shall be
glad to consider a new application
Tor clemency," he said.
"Of course, it will be referred to
Judge Sullivan, whose record Of the
case I consider to be a MASTER
piece of logic and legal reasoning.
My decision was based purely
upon an application by the prisoner
for unconditional pardon. I can
not say what my decision would
have been on plea for commuta-
ton of sentence.
AS far as parole is concerned,
that is up to the state board of
prison sentences and paroles I
would not undertake to act under
any consideration without first hav-
ing the recommendation Of that
board
NO matter what my decision
might have been, it could not have
satisfied everybody But there was
no need to delay it further"
Mooney was at work in the prison
kitchen at San Quentin when
James B. Holohan summoned him
TO break the news. He was disap-
pointed, but not surprised
Symbol Of Struggling Labor
This makes me a worldwide
symbol of struggling labor" he said.
1T doesn't finish the Mooney case.
They force me to fight, and fight l
will.
Il guess there are plenty of peo-
pie who will celebrate this decision
as victory But I don't think
it's victory for anybody.
THE question of my freedom or
incarceration isn't important-the
issue is whether one who believes
in the rights of the common man
can get a square deal in the courts"
He was bitter against Matt I. Sui
Ivan, 75-year-old former chief JUS
ice of the state supreme court, who
was Rolph's legal adviser in reach
ing the decision. Judge Sullivan's
125-page report on the Mooney case
contained all the reasons for deny
ing pardon, Rolph merely sum-
marizing these in his brief an
nouncement.
Sullivan found that Mooney had
been dangerous radical" a CO.
worker of Emma Goldman, Alex
ander Berkman and others, and was
capable of committing the crime
for which he now is paving the
penalty"
Discusses MoOted Evidence
Mooney asserts he will accept
from the Governor naught but an
unconditional pardon" Sullivan
concluded. I'VE are satisfied he is
guilty and not entitled to the
pardon"
Much-mooted testimony of John
Macdonald, storm center at many
past Mooney hearings, and Of Frank
Oman, the honest cattleman' of
Durkee, Ore, had much to do with
Sullivans decision.
Macdonald testified he saw
Mooney and Billings place a suit
case at the scene of the bombing
a few minutes before it occurred
When confronted with photographs
showing Mooney atop the Eilers
building, a mile from the explosion,
at approximately that time, Mac
Donald said he saw them set down
the suitcase half an hour prior to
the blast
Judge Sullivan indicated he be-
lieved MacDonald's second testi-
mony-that the bomb was planted"
at 1880 p m, or twenty-six minutes
before the explosion on July %,
1916.
Governor C. c. Young, Rolph's
predecessor, had referred to Mac
Donald as a pathological liar" and
IAN. inventor of lies"
OF him Judge Sullivan said:
Notwithstanding his identified
ton of Billings and Mooney from
their photographs, his sworn testi
mony at four different trials con-
Meeting Mooney and Billings with
the explosion, he Swore to an aff1-
davit in which he confessed he was
guilty of perjury in identifying
Mooney and Billings.
THE affidavit, under the circum-
stances attending its execution,
would not be accepted by any court
of Justice in the civilized world,
but would be treated by any self
respecting tribunal as a worthless
scrap of paper"
Pictures taken of Mooney on the
distant EilerS building at 2:01 p. m.
the day of the explosion were con-
sidered 'immaterial." "He had
ample time to reach the building
after the bomb was planted Judge
Sullivan said.
Believes Parts of Story
Oxman's testimony was deemed
not to be material and import"
His statements we're similar to Nc
Donalds except that Oman claimed
to have seen Mooney, Billings, Mrs.
Rena Mooney and Israel Weinberg
drive to the scene in a jitney bus.
Later Oman was indicted and
tried on charges of subornation of
perjury in connection with letters he
wrote friend in GRANVILLE, Ill, ask
ing him to go to San Francisco and
support Oxmans testimony.
Two persons in Woodland, Cal,
ninety miles from San Francisco.
also said they entertained Oxman
the day of the explosion. and he did
not leave for the city until the aft
ernoon.
Commenting on Oxman's testi-
mony, Judge Sullivan inferred he
believed parts of the story, adding,
however, I'VE do not here pass upon
the truth or falsity of OXmans
testimony, but whether true or false,
the other evidence in the case suf-
fees to sustain the verdict of guilty"