The Washington times., 1933-04-08
TRIAL To OPEN
IN CALIFORNIA
On APR. 26
Frank P. Walsh Set to Push
Case If Jury Acquits and
RoIph Denies a Pardon
BY JAMES L. KILGALLEN
Copyright, 1888, by International


Copyright, 1893, by International
News Service)
NEW YORK, April 8.-The cele-
brated Tom Mooney case may be
carried to the Supreme Court of
the United States. It depends
upon the outcome of MONEYS
new trial in California late this
month.
This information was revealed
exclusively to International News
Service today by Frank P. Walsh,
the noted lawyer, who will be
chief counsel for the defense
when Mooney goes on trial in
San Francisco on April 26. The
trial is expected to attract world
wide attention.
Serving Life Term
Walsh said:
'Tf Mooney is acquitted by
the jury and if Gov. James
ROlph Of California then fails
to pardon him, we are going to
carry the case to the United
States Supreme Court. We will
claim Mooney is denied equal
protection of the laws as guar
anteed by the Constitution and
that he is being deprived of his
liberty without due process Of
law"
Mooney is serving a life term
in San Quentin prison on con-
viction of having participated in
the Preparedness Day bombing
in San Francisco in 1916, in
which 10 persons were killed and
40 injured.
The indictment on which
Mooney will face the court late
this month is the last of several
against him which grew out Of
the bombing.
Mooney and Warren K. Billings
were both convicted at the
original trial. Billings is serving
q life sentence at Folsom prison:
Mooney always has contended he
was framed" and "railroaded" to
Jail.
washington Attorney
In connection with his plan to
carry the Mooney case to the Su-
preme Court, if necessary, Walsh
disclosed that John F. Finerty, a
prominent attorney, of Washing
ton, D. c., has joined the defense
counsel and will take part in the
trial. The third defense lawyer
will be Leo Gallagher, of Los An
geles. Walsh said:
'T think we will be able to
produce so to IS witnesses to
refute completely all charges Of
MONEYS guilt and to prove he
was nowhere near Steuart and
Market Streets in San Francisco
when the bombing occurred"
Walsh took issue with the con-
tention, reported in dispatches as
having been made by District At
torney Matthew Brady, that the
new Mooney trial will be "a hol-
low gesture and farce" because Of
the difficulty of finding witnesses
and exhibits which played i'm
portant parts in MONEYS convic-
ton II years ago.
Walsh COnfidant
Walsh said:
"AlI the vital witnesses with
the exception of Frank G. Ok
man, the Oregon cattIeman,
are alive. We will agree that
the State can read into the
record Oxman's testimony, which
played such an important part
in cOnvicting Mooney.
TO refute Oxman's testimony,
we will put the hatcherS-Mr.
and Mrs. Earl Hatcher, of Wood
lawn, Cal.-On the stand.
Through them we will show
that Oxman was not in San
Francisco at the time of the
explosion and therefore not an
eye witness. We will show he
was in WOOdlawn, 80 miles
from San Francisco, taking q
train after visiting the Hatch.
erS."
Mcdonald May Talk
Another important witness,
John Mcdonald. win be available
II the State wishes to call him.
Mcdonald is the man who testified
he saw Mooney and Billings set
the suitcase containing the bomb.
Later, according to Walsh, Nc
Donald made an affidavit saying
the whole thing was "a frame-up."
Mcdonald is now a janitor at the
Roland Park apartments in Bal
timore, Md.
If the prosecution at the forth
coming trial refuses to sum up be-
fore the jury after the presenta-
tion of evidence-as has been
hinted-it will not alter Walsh's
conduct Of the defense. Walsh
said he will deliver a summation
to the jury.
Pdri-Mutuels in N. Y.
H~1 ill., n II