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Show JILL CONSIDER MDDNErS CASE Governor Stephens Receives Re-ceives Deputation From Labor Council. Densmore Directed to Send California Executive a Copy of Report. SACRAMENTO. Cal., Nov, 7. Assurance Assur-ance that the case of Thomas J. Mooney, sentenced to haiif. would be given "careful "care-ful consideration," was given today by Governor William D. Stephens to members mem-bers of a committee of the San Francisco Labor council who called to ask the executive ex-ecutive to open the way for a retrial of JwCe case. Jf? This statement was made by D, C, r Jtlurphy, president of the California State Federation of I-abor, who headed the committee. He said Governor Stephens did not indicate when he would act on Mooney's petition for a pardon or what course he would take. Mooney was sentenced to hang for murder of one of the victims of the pre- Kparedness day parade bomb explosion in San Francisco, July 22, lOlti. Murphy said that, as spokesman for the committee, he had emphasized his belief that developments since the conviction con-viction of Mooney had "created a doubt in the public mind, and urged that in the interest ,of justice the defendant should be given a new trial." Gives No Indication. Murphy said Governor Stephens did not make any statement regarding whan he would act, nor did he Indicate what bourse he would take in deciding oil Mooney's application for a pardon. Mooney was sentenced to hang last August, but the governor granted him a reprieve to December 13 next, in order to give "full consideration to the case." The committee discussed various phases of the case, and, according to Murphy, "emphasized particularly its belief that developments since the conviction of Mooney had created a doubt In the public mind which, in the interests of Justice, justified a retrial." The committee urged the governor to open the way for a new trial. "The testimony of Frank C. Oxman was discussed with the governor and the Densmore report was gone into," Murphy said. Oxman Was Witness. Oxman, whose home is in Durkee, Ore., was a prominent witness in the Mooney trial and himself was tried and acquitted of a charge of subornation of perjury in connection with the case. The Densmore report, which dispatches from Washington said had been ordered furnished to Governor William D. Stephens Ste-phens by William B. Wilson, secretary of labor, was made by John B. Densmore, director general of the federal employment employ-ment Bervlce. It embodied charges of Irregularities Ir-regularities In the prosecution of the bomb cases and of other criminal and civil cases in San Francisco. When told late-today that this report had been ordered furnished him. Governor K'sw Stephens refused to say whether he had i,equested a copy of the statement. "I will not make any comment on the case at this time, and I do not wish to say whether I did or did not request a copy of this report," Governor Stephens . said. I At Stephens's Disposal. WASHINGTON". Nov. 27. The report alleging irregularities In the Mooney case, which was made recently to Secretary Wilson by John B. Densmore, director general of the federal employment ser- I c In to he furnished to Governor Mep.nuifl of rnlii'nniiu, and Mr. lUMismore , J,' 1 U,' Ill'',lf t the governor's dis-!v. dis-!v. ln,:'onn''L't,on wl"! '"iv investigation thn tnlitornla executive Iliav order ihhs (iniioun. cint.nt was made tonight .'onL7Plllr- Wilf1011- who im.de public a P1 ol a telenriini sent to Oovernor Sle-P'ums Sle-P'ums Mr. vjison-H tPl(.uriini ,-evealcd I. i . t, ramI !U Sun Francisco, w men is investigating Mr. Densniore's Charges, had asked for a complete r-opv niii ,(,Ul'0, ,or general's report, together , '"l Infonnmion Mr. Densmore has bearing on the charges. Original Purpose. Mr. Wilson did not grant this request, informing the governor that U had been his original purpose to furnish a copy oi tho seport to him, and he would now carry it out despite the fact that the report re-port hod received "unintended and par-tlnt par-tlnt publicity." The report was published pub-lished November 22 and was said to nave dealt largely with the cast- of Mrs. ite lift Herman Mooney, wife of Thomas J. Mooney, under sentence of death ac the result of the preparedness dav bomL explosion In San Francisco. In the report as published it was alleged al-leged that evidence against Mrs. Moonev was manufactured," and mention wat made oi a former justice of the California Califor-nia supreme court, a member of the public pub-lic prosecutor's office and other persons connected with the cases growing out ol the explosion. Mrs. Moonev was indicted VI tn her husband and throe olhers on ten counts charging murder. She was acquitted on one count, four were dismissed dis-missed and she is now at liberty on bail awaiting disposition of the other counts. Criticises Jury. In his telegram to Governor Stephens today. Secretary Wilson criticised Investigation Inves-tigation of the Densmore charges by the San Francisco grand jury, saving that this body does not seem the Impartial and appropriate instrument of investigation investiga-tion the situation calls for, Inasmuch as the inquiry concerns the district attorney, attor-ney, who is legal adviser of the g'aud Jury. Secretary Wilson's telegram follows: Telegram to Governor. The telegram follows: "Am In receipt of wire from foreman of the grand jury of the city and county of San Francisco, requesting me to Instruct In-struct Mr. John B. Densmore, director general of the United Slates employment service, now outside of San Francisco, to return lo San Francisco 'for the purpose of assisting (he grand jury In the investigation inves-tigation of certain charges of corruption contained in his report -o vou, published In the San Francisco Call on November 22. 1919. Will you also Instruct him to turn over all information in his possession posses-sion regarding said charges, so that a thorough investigation may be made?' "The report referred to was intended by me to be submitted to vou for such attention as the facts therein revealed made appropriate, and was not intended to have publicity unless vou so desired. The fact that the report has received unintended un-intended and partial publicity should not modify the purpose I hnd In mind. Any further action in regard to the Mooney case Is left entirely with you, and whatever material the federal government has, bearing upon such action, should therefore there-fore be placed at your disposal. I am instructing in-structing Mr. Densmore to put into vour hands a complete copy of his report to me, and I am also instructing him to place himself entirely at your disposal. Inasmuch as the investigation to which Foreman McCarthy of the grand 1ury refers re-fers concerns the district attorney, who is the legal adviser of the same grand jury, it does not seem to me the impartial impar-tial and appropriate instrument ot" Investigation the situation calls for. Nevertheless, any means or agencies ot investigation in regard to these new charges, or any others growing out of the Mooney case, selected by you, wjll receive re-ceive the fullest possible co-operation at my hands. I am sending a copy of this telegram to the foreman of the grand jury as a reply to his request." Fickert Takes No Part. SAN . FRANCISCO, Nov. 27. District Attorney C. M. Fickert will take no part in the county grand jury's investigation Into charges made by J. B. Densmore. Announcement to this effect was made a few days ago by William H. McCarthv, foreman of the grand jury. He eafd that if legal advice was "required he would ask Judge Kdmund P. Mogan, presiding pre-siding Judge of the superior court, to supply it, or go direct to Attorney General Gen-eral U. S. Webb. District Attorney Fickert also has announced an-nounced his entire willingness to permit per-mit the grand jury to conduct its inquiry in-quiry without advice or counsel from his department. The grand jury expects ex-pects to resume its hearings next Friday |
