The Nonpartisan Leader Newspaper, December 16, 1918, Page 10

_&‘.' o - i shall*consist ttee, B, Shall Mooney Have Fair Trial? Apparent Gross Miscarriage of Justice to Protect Interests ~ .Stirs People Throughout the World BECLARING that in recent years California had sev- eral like cases of notori- ous miscarriage of jus- &i| tice, notably the ‘San : - Francisco graft cases of 1907, John B. Densmore, director gen- eral of employment for the United States, on November 22 submitted a report’ to the department of labor favorable to Thomas J. Mooney, con- victed labor leader. Mooney was sentenced to die on De- cember 18 on charges growing out of the bomb outrage of two years ago in which 10 persons were killed at the preparedness parade in San Fran- cisco. After the trial and sentence of Mooney and others, evidence came out - to show beyond doubt to the minds of the people that these labor leaders had been ' connected ‘with the case and found guilty by as gross perjury as this or any other country has seen: The case then appeared unmistakably as a frameup by the big, interests of -the Pacific coast to discfgait organized labor. ~“Even President Wilson-has in- tervened and been turnéd down by those who rule California. Recently Governor Stephens of ‘Cali- fornia, ‘unable to withstand entirely " ‘the rising tide of popular indignation, commuted _Mooney’s sentence to life imprisonment. This cowardly way out of the difficulty, however, places the anti-Mooney element in a worse light than ever, for Mooney is either guilty . of a capital crime or he is not guilty at all. 2 : NEW TRIAL . ONLY ASKED- The labor unions have never de- manded that Mooney be freed, but that he be given a new trial which shall take into consideration the proved per- jury of some of the chief witnesses. Some. of the defendants have received a new trial and have been freed. But there is a vicious law in California to ° the effect that when sentence has been passed a case can not be retried. The reactionaries aré insisting on this piece of legal injustice to send Mooney to the gallows. The claim is that the proof of the perjury is outside the rec- ords of the case up to the time of sentence, and hence the hanging of fioon‘ey is perfectly legal in Califor- a. : : JUSTICE OR COVER . ; For many months the case has got- ten beyond all consideration of the Jjustice_ involved.- With a new trial and- Mooney freed, as he pm_bably must be when the hired testimony is stricken out, the special interests on the coast would stand convicted of attempting to frameup an innocent man. They have brought tremendous pressure throughout the nation to save them- selves from this predicament. The only way out was to execute Mooney whether he is innocent or not. They have made the case a nation-wide is- sue between labor and the people who demand justice on the one side and the powerful capitalistic interests on the other. W. Bourke Cockran, the famous eastern lawyer and orator, who went West to defend Mooney because he was convinced from the beginning that the case was a frameup, put the facts in regard to the retrial issue as fol- lows in a recent public statement: THE FACTS IN THE CASE “Under the law of California (ac- cording to the judges who have re- cently interpreted it) there is no power in the ourts to grant a new trial in a criminal case under any circumstances after judgmen: Yas been pronounced. As you know, it was not till some weeks after Mooney had been sentenc- ed in the first instance that the testi- mony of Oxman, the chief witness against him, was discovered to have been a tissue of perjuries. “When, however, these infamies were disclosed by the publication of Oxman’s letters to Reigal, the judge who had-tried Mooney, after express- ing regret that he -himself had no power to set aside the conviction, ad- dressed a letter to the attorney general of the state urging him to appear be- fore the supreme court and consent to the granting of a new 'trial on the ground that the evidence on which the verdict of guilty had been found was undeniably false. “And the attorney general, having investigated the grounds. on which Judge Griffin wrote that letter, ap- peared in the supreme court and ac- tually joined counsel for the condemn- ed man in asking that the judgment be set aside. But that learned tribunal —too learned apparently to be just— ‘held that it could consider only “the record”; that is to say, the testimony - actually given on the trial. “Subsequently the court held that the evidence given on the trial, if true, was sufficient to warrant a verdict of guilty. = But the capital, crucial fact, whether it was true or not the judges held (even in the face of conclusive dernonstration that it was false) they could not even consider.” Articles of Association Are Adopted - (Continued‘from page 4) - of the dues paid or agreed to be paid by the members. 5 Y : SECTI Shracy ON 11 3 = A rum of the national executive commite ~ tee, national committee and the state com- . ‘wi ‘authorised to transact under : . SECTION 12 : - The chairman of the national executive com- mittee shall be the chief -executive officer of - + - this association, and except as restricted by these articles or by resolution or motion adopt- by national committee or national exec- - regular- or special meeting of £ 8 lfiiofltfl!l of * accurate accounts of all moneys majority: of the national committee. b"\ o I‘ SECTION 1 national or-any state commi :of -such. committee shiill elect a-chai tem. The chairman of the na _execy committee shall. be -the c! of the na- tional - commi z e : 3» SECTION 17 3 2 The: national executive committee shall keep received and disbursed by it in carrying out the work of this association; and the books and accounts thereof shall at all es. during: iness hours, be open to the inspection of the members of the national committee; shall be audited is empowered to do, orm - by a public. accountant as’ often 88 may. be and carry out, all .and singular 1 tters, . ordered by the mational executive or national facts and things authorized ‘to be done by.the. committees. RS ; vy il e B R ttors. facte, ot “and association, ; x 3 er matters, facts, ngs, POWErs AN e SECTION 13 M duties, proper and’ neceasa? 1o~ exercise in . “% = All persons- intrusted with the hnm of carrying out the function and purposes of this ol Do et e el erioge Masosiation, not herein: expremly pro Sactadie: rnish. sum and for : are_hereby expressly delegal e of time as the national executive committee tion of the national executive § Y et cEoTION I R el hicies Shal oy aboatod and bessaie 4 G % 5 TR These . cles 8| i pted an L In ease’‘am. v.f.m-mu in the national = the fundamental law of this assceiation upon - executive, national ‘or state committee, then -receiving the approval and signature of the such vacancy shall be filled for the unexpired ~ members of. the state' committees of any two < term by the remaining members of such com- states, and be approved and h_donedam ON 16 n' case of the absence, or inability to act, ..of ‘the chairman of the national executi 5 Let me tell you how to get this Fordson Tractor WITHOUT COST—for a few weeks sparee time work this winter. 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