Indianapolis Times, Indianapolis, Marion County, 29 January 1937 — Page 32

PAGE 32

THE INDIANAPOLIS TIMES

FRIDAY, JAN. 29, 1937"

Mooney to Take Fight to Highest U.S. Court if Denied New State Trial

>i United Press case has been before the State SuSAN FRANCISCO, Jan. 29.—Tom | preme Court and each time they Mooney will carry his fight for free- have said in substance that there is

y judicially speaking, for dom from a life sentence to the U. S. i Ju y 3p Supreme Court if the State Supreme | “They have gone further than Court refuses to grant him a new | that. They have defended my contrial, he said today. Mooney, whose | viction in the original trial court, plea for release on a writ of habeas | which the entire civilized world now

at any time during the course of | the present habeas corpus proceed- | ings ever expected anything differ- | ent from Referee Shaw. In fact, the | present action is the direct result of |an order from the U. S. Supreme | Court denying our application for an original writ of habeas corpus in { January, 1935, whenein the highest | court of the land said in substance:

| dies in the state courts, we can not | assume that you have been denied | your due process of law on which | your writ is based.’ ” Mooney continued that “the U. S. Supreme Court also held that the California State Supreme Court nor | the State Constitution could deny relief to me through the ancient | writ of habeas corpus, if the facts,

ings of the referee were not binding | case then will be submitted finally on the State Supreme Court “it is|to the Court for its decision. | SoLT if the decision of the Court| «If the decision is adverse” will be different from the findings | Mooney said, “it will permit us to

|of Shaw.” ke th immediately to th The Court now will pg Ee AL» : be required | ". Supreme Court for a review |

to fix a date at which time the! State and Mooney's attorneys will | corpus proceedings, where we have | |every reason to be hopeful of a |

file their exceptions to the referee's |

tended that they were convicted as a “frameup on the part of persons a result of perjured testimony and opposed to organized labor.” Mooney has refused to consider application for parole charging this

the State at the habeas corpus hear ing, said “we are satisfied.” Labor leaders generally were pleased the long hearing had ended and hoped the case would reach the

would not be complete vindication | U. S. Supreme Court without further

“tantamount to an admission of guilt.” Billings, however, has been

| of the record in the present habeas |of his innocence and would be (delay.

Billings, who appeared as a wit= ness for Mooney, now is in Folsom

D as T « dis- | recognizes to be one of the greatest ubst Lorpls Te Js | aes of justice of all time. 1 ‘Until such time as yon ee exprised at the fAndings of Addison E. | “Within our knowledge we never | hausted all of your available remeShaw, Supreme Court referee. ES FO EE FRB IT Mooney and Warren K. Billings | were convicted In 1916 in the Preparedness Day bombing in San Francisco. Since then there has been an almost constant effort to secure his release. Referee Shaw held hearings for a year in the latest action, during which Mooney was moved to jail here from San Quen- | tin Prison. | In his cell today Mooney reviewed the findings of Mr. Shaw. “If the court had sustained one of our findings of fact it would have blown the State's whole case wide open,” he said. “The findings of the referee are | no surprise to me. The referee was the appointed agent of the Califor- | nia State Supreme Court, acting for | them in the matter of my application for a writ of habeas corpus. “On three different occasions dur- | ing the past 21 years the Mooney |

LIFE UNDERWRITERS HEAR MANSUR OAKES

Outlines Responsibility Due Insuring Public. | ree

Prison and was not available ime mediately for comment,

as alleged, were true.” findings and argue the matter be- | favorable decision.” | denied a parole three times.

Mooney and Billings have con-! William Cleary, who represented RT SE

Mooney felt that though the find- | fore the Supreme Court justices. The ROT

Zot.

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