Evening star., 1933-04-26
TRIAL Of MOONEY
MAY Be CUT SHORT
Effort Indicated at San Fran
cisco to Throw Case Di-
rectIy Into Higher Court.

HALL OF JUSTICE, SAN FRAN
CISCO, April 26 (PY.-The State an
nounced today it would submit no
evidence in the trial of Tom Mooney
on a second murder indictment in
connection with the 1916 San Fran .
bombing
BY the Associated Press.
SAN FRANCISCO, April 26.-Thomas
J. Moneys second trial on a charge OF
completely in the San Francisco Pre-
paredness day bombing of 1916 opens
here today With indications it may be
thrown directly into the State Supreme
Court, with a conSeQu mt long delay.
AS prosecution and defense completed
last-mirute preparations. John OGara,
assistant district attorney during
MONEYS first trial announced he would
petition the Supreme Court to prevent
the trial unless dismissal or steps
toward dismissal resulted from todayS
hearing
Mooney has spent 16 years in San
Quentin Prison alter conviction Of COM
plicity in the bombing, in which 10 per-
sons were killed. The defense recently
insisted he be tried on long dormant
Indictment and this WaS set for trial be-
ginning today before Superior Judge
Louis H. Ward
"Adjudicated in 1916.
O'Gara asserted a second trial would
be Illegal because he said MONEYS
guilt was aojudicated forever" by his
conviction in 1916. The attorney said
he would act ito protect the good name
of California Justice from the reflection
which would be cast upon it by the use
of one of our courts for the announced
purpose of disseminating propaganda"
The announcement was taken as an
indication that determined efforts will
be made to Illustrate the long fight by
Mooney counsel for a second trial.
Should the new trial result in an ac-
quittal Mooney sympathizers hope 1t
would pave the way for release through
pardon or other legal avenues which
the verdict might open.
Mooney has consistently refused to
apply for parole on the ground such
a step would indicate he was guilty
Convicted of murder on the first in
dictment he was sentenced to be
hanged, but the sentence was COM
muted to life imprisonment after Presi-
dent Wilson intervened.
Police Take Precautions.
Meanwhile police announced extra
ordinary precautions to prevent a dem
onstration by Mooney sympathizers be-
fore the Hall of Justice, where the trial
was called.
Although Mooney himself was still I'm
Ban Quentin. friends announced $4,000
of his hackers would congregate in
Portsmouth Square, opposite the Hall
OF Justice, during the period OF the
trial.
He was not brought to the county
Jail here today because the first day OF
the hearing was expected to be OF
purely routine nature, with the posi-
bility the trial may be entirely pre-
vented by legal complications.
District Attorney Matthew Brady,
frankly unwilling to prosecute Mooney
because he believes. the labor leader
was not given fair trial, has init
mated he may again seek dismissal o.
the second indictment.
The prosecutor made such q move
recently but Judge Ward denied the
motion. Brady who has publicly IA
vored a pardon for Mooney, has in
dicated the States case will be brief.
Ten persons were killed by q bomb
explosion at Market and Steuart
streets here July %. 1916, while
Preparedness day parade was passing.
MONEYS conviction and his long fight
for freedom have attracted world wide
attention Warren K. Billings. also
convicted. is serving life sentence In
Folsom Prison.