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By 1916 Swanson was working for the Public Utilities Protective Bureau. On 11th June 1916, a high-voltage tower of the Sierra and San Francisco Power Company, which served the URR, was dynamited in the San Bruno hills. Soon afterwards the URR offered a reward of $5,000 for information leading to the arrest and conviction of the dynamiters.
Swanson became convinced that Tom Mooney was the man responsible for the bombing. On 13th June 1916 Swanson interviewed Israel Weinberg, a jitney bus driver who had often taken Mooney to trade union meetings. Swanson offered Weinberg a share of the $5,000 reward if he could provide evidence that would convict Mooney of the San Bruno bombing.
Soon afterwards Swanson approached Warren Billings. As well as a share of the $5,000 reward Billings was offered a job with the Pacific Gas and Electric Company if he could provide information connecting Mooney with the San Bruno bombing. Billings refused and reported the approach to Mooney and George Speed, the secretary of the Industrial Workers of the World (IWW).
On 22nd July, 1916, employers in San Francisco organized a march through the streets in favour of an improvement in national defence. Critics of the march such as William Jennings Bryan, claimed that the Preparedness March was being organized by financiers and factory owners who would benefit from increased spending on munitions.
During the march a bomb went off in Steuart Street killing six people (four more died later). Two witnesses described two dark-skinned men, probably Mexicans, carrying a heavy suitcase near to where the bomb exploded.
The Chamber of Commerce immediately offered a reward of $5,000 for information leading to the arrest and conviction of the dynamiters. Other organizations and individuals added to this sum and the reward soon reached $17,000. Offering such a large reward was condemned by the editor of the New York Times claiming it was a "sweepstake for perjurers".
On the evening of the bombing Swanson went to see the District Attorney, Charles Fickert. Swanson told Fickert that despite the claims that it was the work of Mexicans, he was convinced that Tom Mooney and Warren Billings were responsible for the explosion. The next day Swanson resigned from the Public Utilities Protective Bureau and began working for the District Attorney's office. On 26th July 1916, Fickert ordered the arrest of Billings, Mooney, his wife Rena Mooney, Israel Weinberg and Edward Nolan.
None of the witnesses of the bombing identified the defendants in the lineup. The prosecution case was instead based on the testimony of two men, an unemployed waiter, John McDonald and Frank Oxman, a cattleman from Oregon. They claimed that they saw Warren Billings plant the bomb at 1.50 p.m. Oxman saw Tom Mooney and his wife talking with Billings a few minutes later. However, at the trial, a photograph showed that the couple were over a mile from the scene. A clock in the photograph clearly read 1.58 p.m. The heavy traffic at the time meant that it was impossible for Mooney and his wife to have been at the scene of the bombing at 1.50 p.m. Despite this, Mooney was sentenced to death and Billings to life-imprisonment. Rena Mooney and Israel Weinberg were found not guilty and Edward Nolan was never brought to trial.
After the trial one of the witnesses, Mrs. Compton, who had seen the bomber but claimed it was not Tom Mooney and Warren Billings, claimed that Swanson had made threats concerning her husband's job if she testified in court.
The American government became concerned about the Mooney and Billings Case and the Secretary of Labor, William Bauchop Wilson, delegated John Densmore, the Director of General Employment, to investigate the case. By secretly installing a dictaphone in the private office of the District Attorney he was able to discover that Mooney and Billings had probably been framed by Swanson and Charles Fickert. The report was leaked to Fremont Older who published it in the San Francisco Call on 23rd November 1917.
There were protests all over the world and President Woodrow Wilson called on William Stephens, the Governor of California, to look again at the case. Two weeks before Tom Mooney was scheduled to hang, Stephens commuted his sentence to life imprisonment in San Quentin.
In November 1920, Draper Hand of the San Francisco Police Department, went to Mayor James Rolph and admitted that he had helped Swanson and Fickert to frame Mooney. Later two witnesses, Edgar Rigall and Earl K. Hatcher, came forward and provided evidence that Frank Oxman was 200 miles away during the bombing and could not have seen what he told the court at the trial of Mooney. In February 1921 John McDonald confessed that the police had forced him to lie about the planting of the bomb. Despite this new evidence the Californian authorities refused a retrial.
(1) John Densmore's report on the Mooney and Billings Case was passed to the Secretary of Labor in November 1917.
As one reads the testimony and studies the way in which the cases were conducted one is apt to wonder at many things - at the apparent failure of the district attorney's office to conduct a real investigation at the scene of the crime; at the easy adaptability of some of the star witnesses; at the irregular methods pursued by the prosecution in identifying the various defendants; at the sorry type of men and women brought forward to prove essential matters of fact in a case of the gravest importance; at the seeming inefficacy of even a well-established alibi; at the sangfroid with which the prosecution occasionally discarded an untenable theory to adopt another not quite so preposterous; at the refusal of the public prosecutor to call as witnesses people who actually saw the falling of the bomb; in short, at the general flimsiness and improbability of the testimony adduced, together with a total absence of anything that looks like a genuine effort to arrive at the facts in the case.
These things, as one reads and studies the complete record, are calculated to cause in the minds of even the most blase a decided mental rebellion. The plain truth is, there is nothing about the cases to produce a feeling of confidence that the dignity and majesty of the law have been upheld. There is nowhere anything even remotely resembling consistency, the effect being that of patchwork, of incongruous makeshift, of clumsy and often desperate expediency.
It is not the purpose of this report to enter into a detailed analysis of the evidence presented in these cases - evidence which, in its general outlines at least, is already familiar to you in your capacity as president, ex officio, of the Mediation Commission. It will be enough to remind you that Billings was tried first; that in September 1916, he was found guilty, owing largely to the testimony of Estelle Smith, John McDonald, Mellie and Sadie Edeau, and Louis Rominger, all of whom have long since been thoroughly discredited; that when Mooney was placed on trial, in January of the year following, the prosecution decided, for reasons which were obvious, not to use Rominger or Estelle Smith, but to add to the list of witnesses a certain Frank C. Oxman, whose testimony, corroborative of the testimony of the two Edeau women, formed the strongest link in the chain of evidence against the defendant; that on the strength of this testimony Mooney was found guilty; that on February 24, 1917, he was sentenced to death; and that subsequently, to wit, in April of the same year, it was demonstrated beyond the shadow of a doubt that Oxman, the prosecution's star witness, had attempted to suborn perjury and had thus in effect destroyed his own credibility.
The exposure of Oxman's perfidy, involving as it did the district attorney's office, seemed at first to promise that Mooney would be granted a new trial. The district attorney himself, Mr. Charles M. Fickert, when confronted with the facts, acknowledged in the presence of reputable witnesses that he would agree to a new trial. His principal assistant, Mr. Edward A. Cunha, made a virtual confession of guilty knowledge of the facts relating to Oxman, and promised, in a spirit of contrition, to see that justice should be done the man who had been convicted through Oxman's testimony. The trial judge, Franklin A. Griffin, one of the first to recognize the terrible significance of the expose, and keenly jealous of his own honor, lost no time in officially suggesting the propriety of a new trial. The attorney general of the state, Hon. Ulysses S. Webb, urged similar action in a request filed with the Supreme Court of California.
Matters thus seemed in a fair way to be rectified, when two things occurred to upset the hopes of the defense. The first was a sudden change of front on the part of Fickert, who now denied that he had ever agreed to a new trial, and whose efforts henceforth were devoted to a clumsy attempt to whitewash Oxman and justify his own motives and conduct throughout. The second was a decision of the Supreme Court to the effect that it could not go outside the record in the case - in other words, that judgment could not be set aside merely for the reason that it was predicated upon perjured testimony.
There are excellent grounds for believing that Fickert's sudden change of attitude was prompted by emissaries from some of the local corporate interests most bitterly opposed to union labor. It was charged by the Mooney defendants, with considerable plausibility, that Fickert was the creature and tool of these powerful interests, chief among which are the Chamber of Commerce and the principal public-service utilities of the city of San Francisco. In this connection it is of the utmost significance that Fickert should have entrusted the major portion of the investigating work necessary in these cases to Martin Swanson, a corporation detective, who for some time prior to the bomb explosion had been vainly attempting to connect these same defendants with other crimes of violence.
Since the Oxman exposure, the district attorney's case has melted steadily away until there is little left but an unsavory record of manipulation and perjury, further revelations having impeached the credibility of practically all the principal witnesses for the prosecution. And if any additional confirmation were needed of the inherent weakness of the cases against these codefendants, the acquittal of Mrs. Mooney on July 26, 1917, and of Israel Weinberg on the 27th of the following October would seem to supply it.
These acquittals were followed by the investigation of the Mediation Commission and its report to the President under date of January 16, 1918. The Commission's report, while disregarding entirely the question of the guilt or innocence of the accused, nevertheless found in the attendant circumstances sufficient grounds for uneasiness and doubt as to whether the two men convicted had received fair and impartial trials.
Ordinarily the relentless persecution of four or five defendants, even though it resulted in unmerited punishment for them all, would conceivably have but a local effect, which would soon be obliterated and forgotten. But in the Mooney case, which is nothing but a phase of the old war between capital and organized labor, a miscarriage of justice would inflame the passions of laboring men everywhere and add to a conviction, already too widespread, that workingmen can expect no justice from an orderly appeal to the established courts.
Yet this miscarriage of justice is in process of rapid consummation. One man is about to be hanged; another is in prison for life; the remaining defendants are still in peril of their liberty or lives, one or the other of which they will surely lose if some check is not given to the activities of this most amazing of district attorneys.
(2) Draper Hand, statement to Mayor James Rolph (November, 1920)
Swanson sent for me and asked me to take Oxman to the North End station and show him Weinberg's auto. They had taken the car out there. I took Oxman to see the car. It was his first and only sight of the car. Oxman was very much concerned, when he saw the car, to find out if it were possible for a man to sit in it and hold a suitcase as he was going to describe in court. He had me get in the car and let my hand hang down over the side, as if I were holding a suitcase. He wasn't satisfied till I got in and did as he wanted; after that he thought his version was all right - that the defense wouldn't prove it impossible.
There wasn't any license plate on the car when I took Oxman to see it. If the plate had been there it would be bad for the prosecution if Oxman were asked if he hadn't got the number when he saw the car at the police station. Cunha had had the plate taken off that car. It was in a drawer in an inner office at the station. Cunha told me to copy the number. I did that and gave it to him. As far as I know Oxman never saw the license plate itself.
© John Simkin, April 2013
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