Show LABOR LEADERS WERE RAILROADED I TO JAIL DYNAMITERS ARE ASKING NEW TRIAL Punished Three Times for Same Offense Say their Say Their Lawyers COURT OF APPEALS HEARING ARGUMENTS Also Claimed Convicted Conspirators Did Not Have Fair Trial CHICAGO Oct 29 Contending Contending that the three thirty-three labor union officials convicted at Indianapolis last December Decem ber for complicity in the McNamara dynamite plots had been ben punished three times for the same name offense and had been railroaded to Jail attorneys for tor the convicted men appealed to the tho United States circuit court of ot appeals today to havo have the Judgment sot m aside Attorney Elijah N. N Zolino Zolina began the argument in behalf of ot thirty y of the men Three others were not involved in the appeal ono remaining in the federa federal federal fed fed- era eral prison at Leavenworth Kan Kari and two others having been paroled 4 We Ve We will wID show that these mf men mec not only did not have a fair tair trial but that they were punished throe three times timea for tor forthe forthe the amo InO offense said Attorney Zo- Zo line Une I First were convicted of conspiracy conspiracy con con- with Ortie OrUe E. E and the M to violate the federal e eral law against carrying e explosives es on passenger trains Secondly they ther were convicted of ot actually carrying urr-ing sires shoes And t thirdly they were wore convicted off nse Same on l Evidence All All these convictions wore based on n the same samo o evidence The punishments punishment were fixed accordingly For instance Frank M M. Ryan was gi given en seven years on ou the tho contention that he committed three offenses by one a act t. t Mr Zoline quoted authorities to show that a R conviction on ou one ono offense is a a. abar abar bar to a conviction on another when both offenses are based on the same evidence We We also aIso contend that those these men wore were railroaded to jail asserted Mr Zoline After their conviction at Indianapolis Jig lis they were not nol given time to apply ripply for a writ of ot error but immediately were rushed to the penitentiary at Leavenworth Jf tho court please these men are aro union workers The They construct beautiful houses but they dont don't live Jive in them They are laboring men but they aro are entitled to a a. fair chance H Only Oaly two of the convicted men were in court They wore Ryan Byan who still is iR president pf of the International Association of Bridge Brid o and Structural Iron Workers and Richard H. H Houlihan ban han of ot Chicago Mr Ryan had served ed only a n fc few ew weeks t of his bis seven years years' sentence when he be was released on bonds bond Another chapter in tho nation wide wido story of the thc dynamite plots which ex extended extended tended throughout hout the tho country and cal cuI I initiated in tho the fatal explosion in Los Angeles Angeles' in 1910 was written today t day I when the case was called before the United States circuit court of ot appeals Thirty Ask AsIc New Now Trial 1 Thirty of tho the thirty thirty-t three thirty labor union officials who were adjudged equally guilty with the tho McNamara brothers in promoting explosions ask that the present present pres ent court set aside asido the verdict rendered at Indianapolis last December and that they bo be given givon a new v trial Opposed to them tho the federal government asks that the convicted con men be sent gent back to prison at Leavenworth Kan to servo 0 out their terms torms A sentence of seven years the thc heaviest est oct penalty of all h hangs n s over Fr Frank rik M. M Ryan who is IS out on OOOO bond pend in lag ing this appeal Ho was given iven the longest lon term Judge A. A B. B Anderson at Indianapolis said enid because ho he was waR dent of the International Association of Bri Bridge e and Structural Iron W Workers Workers' union out of ot whoso whose fund the expenses of ho ho dna dynamiters wore paid Six years years years' imprisonment i is tho the penalty penalty pen pen- alty nIt which Olaf A. A of San lr Francisco and each of or six six others ask to be tie set as aside is a labor leader prominent on the Pacific coast Ho H ami I the he six eix other men were given W the thc see sec ond end longest est terms torms because the they were found guilty of voting to appropriate tc th the union unions union's a funds fund for dynamiting n non nonunion nen- nen nunion n- n union work or actually ai aiding in John J. J and Tames James B Bi McNamara in explosions on the Pacific coast i Prison Terms Suspended The other othor prison terms s. s mo most of or which havo have been su suspended pending tho the 3 appeal an- an ap- ap t- t peal vary varV from four years to ono cue year and anel one day J Three days of the present court arc are to bo ho o devoted to tho hearing of the tho ap nip ap appeals peals and nd the governments government's opposition It t is 18 likely that when the nr argument is concluded Judges Kohlsaat Baker Daker and ami Seaman will take the petition under advisement advisement ad ad- and render ender their decision at some later date ate It is is understood that should tho thc present appeal b he adverse erse to the convicted men it will bo ho curried carried to the United States supreme court The basis basin o of the appeal as 1111 outlined by Y Chester CheAter IL irr Kru Krum 1 of st St. stLouis Louis Louit and ami Elijah h Jl n. of Chica Chicago o the coun coui eel sel i is J That under the tho federal statutes there i Continued on page pago 2 2 LABOR LEADERS WERE RAILROADED TO JAIL Continued from page O 1 is no such crime crimo as the conspiracy of which the men were convicted viz conspiracy to violate tho the law a against the interstate shipment of explosives on passenger er trains That there thore being no such conspiracy the defendants could not have been guilty as principals in the carrying of explosives bj by Ortie OrUe E. E and tho the M Trial Not Pair Fair Is Claimed That the defendants did not have d I fair trial District Attorney Charles W. W Miller of Indiana has charge harge e of the govern govern- overn in meats meat's en ta case the brief of which contains con con- tame more than tian p pages Amon those who Among are not appealing is Herbert S. S Hockin servin now serving a year six term at t Leavenworth Ho was I called tho the ago lago of ot t tie the e conspiracy It was was char charged ed that ho not o only carried car ried ned dynamite and nitroglycerin in a asuit asuit asuit suit ease case but that he ho gave information to detectives s while hila in tho the confidence of his co conspirators co |