Evening star., 1933-05-25
MOONEY TO fight
!. TO SUPREME COURT
Empty Victory Renews vigor
of Efforts to Gain Con-
Wct'S Release,
BY the Associated Press.

BY the Associated Press
SAN FRANCISCO, May 35.-Once
convicted, once acquitted, Tom Mooney
peeled potatoes in San Quentin Prison
today while his defenders sought to
snatch advantage from . jury verdict
labeled IN advance by the court an
empty victory.
Another plea for q pardon to Gov.
James Rolph, jr. Of California and
an appeal to the Supreme Court of
the United States were proposed steps
announced by the Mooney Molders De-
tense Committee.
Perhaps we may even 60 higher
than that--to the President himself"
Mooney declared at San Quentin, to
which he was hurried Immediately after
the verdict of acquittal, as directed
by the court, was returned here yes
terday
The life-term convict, who almost II
years ago heard himself condemned to
death by another jury, declared:
The verdict viii bring me liberty
in the not far distant future"
Adds Another Chapter.
His acquittal, without line Of testi-
mony being offered, added another
chapter to the long fight he has
waged-since the death sentence was
committed to life in prison-fcr ccm-
plete exoneration of the 1916 San Fran-
cisco Preparedness day bombing.
Frank P. Walsh, chief defense coun-
sci, before his departure for New York
last night, said:
AT the direction of our client,
Thomas J. Mooney, it is our purpose
to apply to the Supreme Court Of the
United States for q writ Of habcas
corpus for the prisoner on the ground
that he Is being deprived Of his lib
erty without due process Of law and
that he Is being denied the equal pro-
lection OF the laws, both in Gross yto-
lation OF the provisions Of the Federal
Constitution"
Walsh said the application win be
grounded upon the charge that the
defendant was convicted upon pertuYed
testimony" at the original trial and
that the district attorney at that time
and some of his assistants and certain
police officials had full knowledge Of
the fraud practiced upon Thomas J.
Mooney and actually connived with the
witnesses who gave the false testimony
which secured the conviction"
Before making the announcement
Walsh conferred with Mooney at San
Quentin and then talked to John r.
Finerty, Washington, D. c., attorney,
associated with the defense by long
distance telephone
The statement from the Molders De-
tense Committee, in announcing the
proposed Supreme Court petition. said:
There Is no legal machinery In Cali
fornia to grant him relief"
At Sacramento Gov Rolph said II m
application for pardon Is received It
viii be referred to Matt I. Sullivan Of
San Francisco, former State Supreme
Court justice, for recommendation. It
was on Sullivan's recommendation Gov.
Rolph denied pardon plea last year.
Suuivan's name also figured In the
argued for himself his defense for .
full trial, while Walsh and Leo Gal.
lagher, another defense attorney, sat
silent at the counsel table.
In view Of the refusal Of District
Attorney Matthew Brady to prosecute.
Mooney demanded that Sullivan or
some one else who believed In his guilt
be appointed to present . case against
him.
Wanted Jury TO Act
II want the jury to pass on my guilt
or innocence; to have all the evidence
before them," the gray-haired convict
pleaded. Surely the district attorney
Is not serious when he says there = no
evidence to submit. Four Governors OF
California, the State Supreme Court.
the Appellate Court, eminent attorneys
and an advisory pardon board all have
held that there Is ample evidence to
Superior Judge Louis II. Ward, pre-
siding, ruled he was without authority
under the law to grant the request, IN
view Of the States motion. previously
made, for q directed verdict Of acQutttal.
He said the acquittal would Be mean
ingless.
The verdict was merely . matter Of
formality after Judge Ward ruled and
the jury required but two minutes to
sign the prepared form.
BY its action, the jury cleared Mooney
of charge Of numbering Arthur Mel
son, one Of 10 persons killed by . bomb
which exploded as the Preparedness day
streets July az, 1916. The original jury
convicted him Of the murder Of Hetta
Knapp, another Of the victims.
Warren K. Billings, also serving .
life term In Folsom Prison for the
bombing, said the acquittal OF Mooney
meant little to him and that he lacked
money with which to employ counsel
for any immediate action.
The Mooney Molders COMMITTEES
statement said that In addition to the
proposed legal steps, I'VE viii organise
even more intensified campaign than
ever before to build on national scale
a united front freedom for Mooney
campaign In which all working class
organizations and those friendly to LABOR
will be called to participate"
TrU ~k>A EA
movement has been laid down by the
National Tom Mooney Congress held in
Chicago April 30 to May q"