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Show IURY IN DISTRICT COURT FREES MRS. BARKER I TESTIMONY IN CASE PERJURED, IS ADMISSION I Bomb Plot Witness Says He Was Coached to Give False Evidence AFFIDAVIT SENT TO GRAND JURY. ON COAST District Attorney Fickert Said J To Have Planned Mooney Frame up Ni;V YORK. Feb. 8. FrsJik t Walsh, of counsel for Thomas J. I'iI Mooney. convicted of murder in San ' ISBBBBBbI Francisco In connection with the Pre- H pa redness day bomb explosion in If II i N early today telegraphed San Francisco 1 jl authorities apprising them of an al- 1 leged confession by one of the wit- H nesses in the cose that ho had given :H perjured testimony at the trial. A spe- , dial grand Jury now Is investigating H an alleged conspiracy to convict iil The witness named by Mr. Walsb H was John McDonald, now a resident of H Trenton. N. J.. with whom Mr. Walsb H had a long conference last night. Ac- H cording to Mr. Walsh. McDonald dc- H dared In an affidavit covering tb'.r- t teen typewritten pages that the case IisbbbbbbbI against Mooney was "a frame-up." , IDENTITY NOT CORRECT. "McDonald swore la his confession,' H Mr. Walsh said, "that he could not ) H identify Mooney as tho man ho lui.d seen with u suitcase prior to the Pre-puredncss Pre-puredncss day explosion, although he , I identified Mooney during tho trial. He iH laid Idstrlct Attorney Fickert, the San rH ! Francisco prosecutor, bod forced him fSBBBBsl to mal e the Identification. 'H Mr. Walsh quoted McDonald as ssy- fH ing he stood n Stewart street, near H tho corner of Market. In San Fran- H lsco. at about 1 o'clock on the after- H noon of July IS, 1910. He said ho saw H a man set a suitcase on tho sidewalk J then, accompanlod by another man who came from a saloon, walk away. i:H.iMON HEARD. McDonald Is alleged to have further said that he then walked down Mar-ket Mar-ket street, iuid In a short time heard an explosion. He thought it part of the Preparedness day celebration. Next day he met a policeman named Hex-tron Hex-tron end told hlin what ho had seen, but asserted he could not identify the man. He was induced. Mr. Walsh quoted further, to go to police headquarters where he was questioned by District Attorney Fickert and Captiun Mathla-son Mathla-son and told them he did not know Mr, m..-: u I ,, tva.s sunnected. SSBBsl WITNESSES CO Vt RED. He subsequently was taken to Mooney's cell and to that occupied by Hillings, another defendant. He as- sorted, according to Mr. Walsh, thut Fickert remarked: "These are the men you saw." t Further. McDonald Is alleged to have stated ho was coached with oth-or oth-or witnesses In testimony to be glvoiu H Ho asserted he fixed the time of sec-ing sec-ing the suitcase dropped at 1:60 o'clock in Hillings' trlul. In the Mooney trial be stated that at the Instance of Assistant District Attorney Edward JJH Cunha, "he changed the time to 1 0 BmJ o'clock in order to break Mooney's ;M Nine persons were killed In the ex- BVJ plosion. Mooney was sentenced to H death and Billings to life Imprison-ment. Imprison-ment. After every appeal from the sentence had tailed. President Wilson HBVJ Interceded In Mooney s behalf mid Governor Stephens commuted the sen-tenco sen-tenco to life Imprisonment. ' THIRD S l VI i M l P, SAN" FRANCISCO. Feb. J Tho re-ported re-ported Statement of John McDonald. of Trenton, N. J., that the conviction KVJ of Thomas J- Mooney and Warren K. BV Killings, against whom he testified. was a "frame up" marks the third recent statement of alleged facts tend-Ing tend-Ing to show that these men wore tho victims of perjured testimony I The n w evidence adduced hero is 1HJ to bo presented to the county grand HKVJ ATTORNS S DIFFER McDonald's reported statement was characterised s "the effect of corrupt HBVJ propaganda," by Edward A. Cunha, who as assistant district attorney prosecuted Mooney. Defenso counsel said It was "a natural outcome of the Injustice done the defendants in these McDonald, formerly a circus per- j former. wo an inmate of a Salvation BmJ army hotel here at the tlmo of the BBS explosion. He told former Policeman )I tron and acquaintances of the ho- fAmJ te that ho had seen two men set the HBS I bomth and later Identified pictures of Mooney und Billings as the men he had !H !! was then taken In charge by the police department and held under , KVJ Kiiaid throughout the trials. Accord- Ing to the police and Cunha, he was s not intimidated In any wa and vol- unteered every statement and Sdentt- ' flcatlon he muse. The defense hold 'H that he could not havo seen tho bomb BBV I setting as there was a dense crowd around the scone for an hour or more IH before the bomb exploded. FIRST STATEMENTS, The two other statements wei' made by James Rrennan, who as assistant j district attorney, prosecuted Hillings ; land Policeman Draper Hand, who ar-rested ar-rested sonic of the principals, to the BBV effect that there wers Indications of i li regularity In the evidence against the suspects. lOSBBBsl "Had 1 been on the Billings' Jury ibVsbb! 'Continued ou I'a Two) 00 Testimony in Case Perjured, Admission (Continued from I'ugv tine 1 and hail the knowledge of the rase I now possess, I would not have voted to convict." Brsnnan said. Hand's statemeni was that the avt-dencs avt-dencs against the suspects was ' framed." It was hoped by District Attorney Hrudy that the grand Jury would ire-1 ire-1 1 report to the governor which would aid him In a final disposition of the Mooney case M i U iw) RETURBT. Thi ..if, r of Frank F. Walsh, special spec-ial counsel in the Mooney defense, to return KePonald to San Francisco for I r.-iu.ratlon of his statement to the local authorities will be accepted. District Dis-trict Attorney Rrady said oday. "I will give him every opportunity I to appear before the cran.I Jury anil present this evidence." said Judge I Brady |