Evening star., 1933-04-08

Rated as the most widely known Of
prisoners, with the possible exception
Of Sacco and Vanzetti, the California
convict, Thomas Mooney, will have q
unique trial when he faces new jury.
Previously untried, the new case against
him promises to attract countrywide
attention because of persistent efforts
that have been made to obtain his par
don. He is serving life term for the
Preparedness day murders in San Fran
cisco in 1915 While acQuittal would
not affect the original charge, 1t would
be expected to influence the official at
titude. An important witness Is dead,
and there have been charges OF perjury.
The war psychology Is now absent from
the background, but there Is evidence
of desire that the truth shall be up
held. -,
In few cases on record in America"
says the Cleveland News, has there
been loosed the flood Of oratory. OF
pamphlets, Of petitions and OF editorial
comment that marked the Mooney case.
There is no question that public opln-
ion has been honestly divided as to
Mooney's guilt in connection with the
bombing in 1916. Ten persons lost their
lives and 40 were injured. Mooney was
sentenced to death. but his sentence was
commuted to life imprisonment. Inc
review Of evidence on which Gov. Rolph
of California recently refused to grant
Mooney pardon seemed convincing
But the arguments in behalf OF the
grim. gray haired prisoner who has
languished behind the bars for Is years,
likewise convinced thousands
Recognizing that Mooney was
leader Of radical labor on the west
Coast, and was known to be opposed to
rQrQdR stood
for" the Roanoke World-News yet holds
that unless he was guilty beyond rea-
sonable doubt, the mere facts of his past
career do not justify his Incarceration,
and refers to the fact that "a majority
of the Jury that tried him thinks that
the evidence was insufficient to JUSTIFY
the verdict" The Glendale News-PresS
believes that "if Mooney is innocent. his
Imprisonment has been a ghastly mis-
take. but at present belief in his lnno-
cence Is far from unanimous, ana
points out that the law entities him TO
full hearing even at this late date
Moneys acquittal on the new
charge" thinks the Charleston Is. CD
Evening Post, would Of itself prove lit
tie. In the 16 years that have passed,
the principal States witness has died
and much other evidence that was avail
able to the prosecution at the first trial
will not be available now. The fact that
the State cannot prove its case after 10
years will not conclusively demonstrate
that it did not have a case when Mooney
was convicted. The district attorney
admits in advance that q prosecuting
officer would not be justified In asking
conviction on the evidence now avail
able. and points out that the outcome
OF the proposed trial cannot In any way
affect the sentence Mooney Is now serv-
ing. That District Attorney Brady does
not protest against the procedure from
prejudice against the prisoner Is shown
from his statement that he has re-
peatedly urged governors to pardon the
defendant on the ground that the for
mer conviction was unjuStifled."
so strong is the showing that the
defense has made" declares the Omaha
World Herald. that many influential
people. not at all in sympathy with
radical agitation, have been interested
in furthering the fight for Moneys
vindication. They believe it to be es-
sential to good government that even a
bad citizen be as fairly and impartially
dealt with in the courts as one whose
reputation Is not under q cloud. For
this reason 1t will be a Satisfaction to
lovers of government, based on reason
and justice. to know that Mooney Is
now to have an opportunity to establish
him claim OF innocence
The case should be fully aired in the
endeavor to find the facts" advises the
Rock Island Argus. with the hope that
this new trial will leave no room for
doubt" while the Birmingham Age
Herald declares the need of this be-
lated and circuitous move" The Haver-
hill Gazette sees lone noticeable lack
in the preparations for the trial." ex-
| planning: Prank Oxman, one Of the
principal witnesses against Mooney. is
dead. Oxman is the witness who tes-
tilted that he saw Mooney and Warren
nc bombs in the path OF the parade.
W,.lout CXma.ls testimony Mooney