Show MA AY f 8 E NEW W TRIAL Case Would Be Dismissed for fol Lack Lack of of Evidence id tl e I Attorney Says S YS' YS Lof oJ io L SAN FRANCISCO Nov Kov 18 United Press Pre s District i Attorney Mathew BradY Brady of San Sari Fr Francisco declared yesterday yesterday yesterday yes yes- that if it the courts should order ordera a new trial for Thomas l Mooney now serving life in the st state te penitentiary asa as asa asa a result of ot the preparedness parade bomb explosion here In 1916 he probably probably ably wo would ld move that the case be dismissed dismissed dis dis- dis- dis ml missed sed and Mooney be freed feed Brady made made- the statement in in answer ani an- an t i to a letter he he received ea earlier lier in in int th the t day pay from Mooney appealing a g for fo a anew anew new trial 0 TF TRIAL UNFAIR f B Brady ady d declared clare he dill did not believe Mooney had received i a. fair trial and andI I that he had been convicted on evidence which was vas Questionable Discussing his reasons for a probable decision to dismiss the case Brady Drady declared that in a new trial h he would not be able to use Frank C. C Oxman Oregon catt cattleman cattleman cattle cattle- e- e man who was the star witness against Mooney because of alleged doubts cast caston on Oxman's testimony Oxman al already already already al- al ready h had d been tried once once for perjury In connection w with th the case Brady declared could he-could he could not us use Detective De- De Detective Detective De De- Hand as a witness because of Hands Hand's alleged statement t to Mayor Rolph in which Hand is said to have declared that he aided in framing evidence against Mooney TESTIMONY INACCURATE ATE I The other important witnesses against Mooney were women Brady declared he would not use them be because because because be- be cause he ne doubted the accuracy of ot their testimony Under such circumstances Brady said there would be no material witnesses witnesses witnesses wit wit- nesses left to t testify for the tion Brady added in in his statement that with Mooney convicted and now serving serving serving ing his term tenn with supreme court de decisions decisions de- de on record on-record record sustaining his conviction conviction tion he himself himsel could do nothing and that It is up to Governor Stephens to initiate any action which might be ba taken Stephens those close to him sa say is not inclined to reopen the case Mooney's letter which drew the statement from Brady declared We Ve have served four and a hal halff years of ot the best part of our lives on onI ona ona a charge of ot which we are innocent The recent disclosure of Draper Hand I should be the last straw in the conspiracy conspiracy conspiracy con con- against life and liberty |