Evening star., 1933-03-26
MOONEY GRANTED
RIGHT TO TRIAL
IN 1916 BOMBING
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know it will be impossible for them to
keep holding him in Jail"
District Attorney Brady told the
court he was out of sympathy with
such a make believe trial. and that II
could be Of no benefit to Mooney. Brady
asserted even an acquittal would leave
the prisoners status unchanged.
He would still be confined in States
prison under the former judgment"
said Brady.
States Star Witness Dead.
Because many of the characters in
the original case nave died or have
gone beyond the reach Of the State
courts. the status of the prosecution
necessarily was left in a somewhat con-
fused state Frank c. Oxman, the
States star witness against Mooney, Is
dead Frank Mcdonald, another i'm
portant enc, has told varying stories
since Brady informed the court 1t
would be impossible for the State to go
to trial because of the absence of evi-
dence for the prosecution"
The victory on the new trial motion
was won by Leo A. Gallagher of Los
Angeles, defense attorney. Previously
Charles Erskine Scott Wood, author
and attorney. had Joined the defense
but announced his withdraw before the
legal argument started.
Wood said he had been asked by tn:
Mooney defense to enter the case in the
absence of Frank P. Walsh, veteran
Kansas City and New York attorney,
but had withdrawn at MONEYS re-
quest. He said Mooney had not desired
the addition Of another attorney at
this stage Of the case.
Entitled to Day In Court"
In granting the motion Judge Ward
said:
There is no eoubt in my mind that
this man is entitled to his day in court.
We must keep expenses down, but II
previous testimony has been perjured
and this defendant can prove that by
new evidence. he is entitled to his free
dom II 1t is found he should be free.
II want to take this opportunity to
point out to the friends and organiza-
tions supporting this defendant that
they are injuring him more than help
ing him in flooding this court and the
newspapers with letters and misguided
statements. I don't want to be angered
any more by ill-advised friends of this
defendant and will decide this in
dictment as I see the evidence"
Before ordering the trial Judge Ward
refused to dismiss the indictment on
motion Ct Assistant District Attorney
William Murphy. Defense attorneys
said this would insure trial. since the
State would be unable to drop the ac-
cusation.
Gallagher said he already had ordered
1n0 s,,h,,oeras for the defense He eX-
pressed the hope that the attorney gen.
eral would appcint Matt I. Sullivan,
Charles Fickert and Edwin Cunha as
prosecutors.
Rehearings Barred.
Sullivan is a former justice Of the
State Supreme Court and now advisor
to Gov. James Rolph, jr. He played a
prominent part In reviewing the case
for the Governor last year. Rolph de-
plea by James J. Walker, then mayor
Of New York. Fickert was the district
attorney who originally prosecuted
Mooney and Cunha was assistant dis
trict attorney.
A popularity Of the law defeated the
countless attempts to free Mooney by
reconsideration Of the original case. The
State Supreme Court upheld the con-
viction and denied Mooney rehearing
The United States Supreme Court re-
fused to intervene. In the light OF later
retractionS, impeachments and accusa-
tions the case was brought up again but
the State Supreme Court held 1t could
not 20 outside the record Of the original
trial in considering Moneys fate.