The Waterbury Democrat., 1932-01-09
Mooney: Never
 Convicted Right
(Continued from Page 1.)
iously challenged the credibility of the witnesses, but this informa-


 the witnesses, but this informa- ton was deliberately concealed.
 Witnesses were permitted to tes- tify at the trials despite such knowledge in possession of the pro- secution of prior contradictory stories told by these witnesses, as to make their mere production a vouching for perjured testimony.
 Witnesses were coached in their testimony to a degree that approx imated subornation of perjury. There is a strong inference that some of this coaching was done by prosecuting officials and other evil dence points to knowledge by the prosecuting officials that such coaching was being practiced on other witnesses.
 "The prejudice against the de- fendants, stimulated by newspaper publicity, was further appealed to at the trials by unfair and intem- perate arguments to the jury in the opening and closing statements of the prosecuting attorneys.
 After the trials, the disclosures casting doubt on the justice of the convictions were minimized, and every attempt made to defeat the liberation of the defendants by a campaign of misrepresentation and propaganda carried on by the of- ficials who had prosecuted them"
 The report was prepared by Zachariah Chafee, Jr. Walter H. Pollak and Carl s. Stern. When 1t was submitted to the Wickersham com mission the commissioners re- solved that such an investigation was outside their province and re- fused to consider the expert find- ings. But in order to prevent the expense falling on Chafee and his associates, the commission ordered that the cost of printing the report be paid from public funds.
 It first was believed by the com- mission that the case should be dealt with in the general report on laWlessness in law enforcement but later 1t was decided the case was so involved that that if 1t was de- cided 1t must be told consecutive ly and in detail"
 The preface to the conclusions continued that in other cases "the characteristic problem was of one particular act of alleged unfair ness'' while "the inconclusive issue in the Mooney-Billings case was whether there was continuous and systematic course by the prosecution, working unfairly to the disadvantage of the defendants.
 The resolution requesting the president to submit the Mooney Billings report was offered by Sem ators Costigan, democrat, Colorado, Walsh, democrat, Montana, and Cutting, republican, New Mexico. Walsh and Costigan have requested that the report be submitted to the senate judiciary committee with 8 review of the facts presented as to the Mooney Billings prosecution.
 Commenting on the report, Sem ator Costigan said: "The report of the experts has made a tremendous impression on me"
 Senator Walsh said: "It is part of an inquiry involving an investi- gation of disregard of the law In the administration of justice. It Is question which very properly comes before the senate judiciary commit tee with n view to possible legisla- ton which would prevent a repeti- ton of such an occurrence"
 Senator Wheeler, democrat, Mon. tana: "In view of the report, the governor should immediately par- dom them"
 Chairman Norris of the judiciary committee: There Is nothing the senate can do that would affect state court"
 Summing up the whole prob- lem with regard to witnesses pro- duced at the trial, and the char acter of their testimony, we find that the basic witnesses to events occurring in broad daylight, in or near crowded streets, were these and these only:
 Mcdonald, syphilitic and 'psychopathic liar xx.
 Crowley, syphilitic. whose testimony, when defending himself unsuccessfully against prosecution, was condemned by the judge that tried the case xxx.
 "Oxman Crank c. OXman), who testified falsely X \.
 Mrs Edau, who was victim Of Authorizations xxx X.
 Sadie Edau, whose testimony followed her mothers and falls with it X \.
 The testimony of Estelle Smith and Mcdonald was modified us lo the vital issue of time between their appearance before the grand jury and their appearance In the Billings case"
 A detailed citation of allegedly distorted justice is contained in the conclusions of the three Wicker sham investigators. They made no recommendations.
 The prosecutions was charged by the investigators with having pro- duced witnesses under conditions such "as to make their mere pro duction a vouching for perjured testimony"
 The report has been referred to the senate judiciary committee. Chairman Norris told the United Press that nothing the senate could do would have any affect on state court. But the committee | will examine the record and may | pass its own judgment on the pros- | ecution. In the end the senate | may be asked in a resolution to | nwreoaa tta eantiynanta