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Show MDDNEY IS REFUSED REHEARING QE CASE ! Motion for Condemned Man Denied by State Supreme Court. SAN FRANCISCO, Sept. 11. Thomas; J. Mooney, under sentence of death for murder growing out of a bomb explosion ' here last year, was denied a new trial , today by the state supreme court. The denial was based on the consent of ; State Attorney General U. S. Webb for reversal of judgment, and not on the record in the case. ! In its decision the court held that it ; had no power under the constitution to ; consider matters outside the record in ; the case, and that "authorities declare' such applications should be made to the 1 executive, rather than the judicial arm of the state government J ' The attorney general 's consent to a new trial for Mooney, who was contacted con-tacted last February for oue of the murders mur-ders in connection with an explosion during' a preparedness day parade, July 22, 1916, which killed ten persons, fob ! lowed the expose of Frank C. Oxman 'a alleged attempt to suborn perjury in the i case. Webb at that time declared that Mooney was entitled to a new trial "in the interest of justice. ' ; ' , The court declared subsequently that Webb 's ' ' mere consent ' ' constituted nothing that it could act upon, and invited in-vited a motion in support of the consent from the defendant's counsel. This motion, recently filed and argued, was opposed in a memorandum filed by District Attorney Charles M. Fickert, who declared the attorney general's stipulation of consent was "irregular and vicious." Mooney 's appeal for reversal of judgment judg-ment on the record of the case is not affected by today's decision, according to his counsel. Oxmah.. who was a material witness against Mooney, will be brought to trial tomorrow. |