Montana labor news., 1933-04-06

and Electric Company.
Pointing out to the Attorney Cen
eral that on the basis of the exposure
of Frank Oxman's perjury, he, Webb,
had already stipulated in 1917 to the
Supreme Court of California that
Mooney should have a new trial, Gal
lagher stated:
"The Supreme Court of California
refused to order a new trial on the
basis of this stipulation. AS a con-
sequence of this ruling, the only pos
sible way that the perjuries which
convicted Mooney can be officially
placed in the court record and Moon
ey's right to a pardon on the original
indictment judicially demonstrated is
by permitting a review of the per-
jury and frame-up to be made in the
trial which is about to take place"
"The District Attorney in refusing
to prosecute the case stated that
there is not at this time evidence
available that would support a on
%viction' and further that such a trial
would be without benefit to the de-
PENDANT Though it is true that the
evidence available would not support
a conviction, it is far from true that
the trial would be without benefit to
the defendant. Common decency re-
quires hat Mooney be given the OPP
portunity to show the p~erjuries and
especially the frame-up character Of
his first conviction"
at is obvious that the trainers of
Mooney as well as those who are
perpetuating the frameup will attempt
to justify the continued Imprisonment
of Mooney by stating that Mooney
was convicted by a jury in 1916 and
that an acquittal now on a separate
indictment means nothing because the
witnesses are not available"
Gallagher pointed out that three Of
| the four material witnesses at the
original trial are available; John
Mcdonald, Sadie and Mile Edeau.
Oxman is the only one not available
but the defense is willing to %stipulate
that his testimony at the first trial
can be used at the coming trial pro-
viding the defense is given the oppor-
tunity to prove that Oxman was a
liar and p%erjurer and was not even
in San Francisco at the time of the
explosion.
| Gallagher Asks Brady to Prosecute.
Replying to the District Attorneys
statement that a new trial would not
benefit the defendant or the state,
Gallagher wrote to Brady:
"Your position seems to be that
Mooney is innocent, that he was con-
victed on perjured testimony, but now
that he is unjustly incarcerated in the
~penitentiary, there is nothing you car
do to help him; therefore, though
Mooney is innocent, he must spend the
balance of his life in San Quentin be-
cause he is not allowed to produce in
open court the proofs of the p%erjur-
les that convicted him."
"If in the face of your admitted be-
lief in MONEYS innocence you at
tempt to have this indictment dis
missed for lack Of evidence, thereby
rendering it impossible for us to
prove for the first time in open court
the fact that Tom Mooney was franz
ed on perjured testimony, you run
the great risk of being yourself
branded by posterity as a participant
in the monstrous miscarriage of JUS
tice of which Mooney is a victim"
81 again urge you to cease placing
obstacles in the way of a trial for
Mooney on the only remaining in
dictment."
Fickert, Cunha and Sullivan Are
Challenged.
Tom Mooney and Leo Gallagher
challenged Charles M. Fickert, Ed
ward A. Cunha and Matt l. Sullivan
to volunteer as special prosecutors to
try Mooney. Fickert and Cunha were
the prosecutors in Moneys first
trial and Sullivan was Governor
Rolph's advisor who wrote the decis-
ion to deny MONEYS pardon. Fickert
and Cunha have declined and Sullivan
refused to make a statement"
Congress Plans Proceed.
Reports indicate that the united
front Free Tom Mooney Congress at
Chicago, April 80 to May 2, 1888, will
be the greatest event Of it's kind ever
held in the United States. More
than 60 conferences have been held
or are being organized to support the
Congress and send delegates to Chi