Hellraisers Journal: Tom Mooney’s Death Sentence Commuted to Life in Prison by Governor Stephens of California

Hellraisers Journal – Friday November 29, 1918
Sacramento, California – Life of Brother Mooney to be Spared

From the San Francisco Chronicle of November 29, 1918:

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Governor, in Decision,
Refuses to Recognize
Case as Representing
Clash of Capital and Labor
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ACTION INFLUENCED BY
APPEALS FROM WILSON
—–
Convicted Man No True Friend
of  Working Class,
Statement Says;
Matter Decided on Merits
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Sacramento, November 28,-The death sentence of Thomas J. Mooney was commuted to life imprisonment today by Governor William D. Stephens. Mooney, convicted of the Preparedness parade bomb murders in San Francisco July 22, 1916, was sentenced to be hanged at San Quentin Prison December 13.

In announcing his decision governor Stephens asserts the case does not represent a clash between capital and labor. He characterizes as “absurd” propaganda that would make Mooney appear as a martyr to the cause of labor, and indicates that this action was influenced by two telegraphic appeals from President Wilson which urged commutation of sentence for international reasons….

From the Everett Labor Journal of November 29, 1918:

TOM MOONEY’S SENTENCE IS COMMUTED

Governor Stephens of California yesterday commuted the sentence of Thomas J. Mooney, sentenced to be hanged on December 13, to life imprisonment.

In commuting the sentence Gov. Stephens said: “I refuse to recognize this case as in any fashion representing a clash between capital and labor.”

He characterizes as absurd the propaganda that would make Mooney as a martyr to the cause of labor. In support of this statement he quotes a letter from Alexander Berkman, outlining the plan afterward adopted for the Mooney campaign. He denies that Mooney is a true friend of labor and characterizes his previous record as such that it does not enlist faith in him among law abiding citizens, but says in conclusion that this particular case has been decided upon its merits.

This action of Gov. Stephens was about the only thing he could do to “save the faces” of Fickert and the higher-ups who are behind him. The end is not yet.

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ON NOVEMBER 9th OR ANY OTHER DATE

The Piledrivers’ Union voted to strike on November 9 or any other date decided upon by organized labor as a protest against the execution of Tom Mooney.

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TRADES COUNCIL
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Wednesday, November 27, 1918.

The Council was called to order by President Gulley. Delegate Francois, was appointed Vice-President pro tern….

Thomas J. Mooney

The following communication, with enclosed resolutions, was received from the Seattle Central Labor Council:

Seattle, Wash., Nov. 21, 1918.

To Officers and Delegates,
Central Labor Bodies of America,
Greeting:

The whole world knows that our fellow unionists, Thomas J. Mooney, has not had a fair trial and that today he stands in the shadow of the gallows, in spite of every legal and more effort that could be put forth, including the efforts of our beloved President, Woodrow Wilson.

All this because California courts lack the power to correct an error even though it should mean taking the lives of innocent men.

Tom Mooney can be saved by either of two means, first, a word from Governor Stephens, and second, by the economic power of Labor. The first is the power of one man over which you have little or no control, but the second is your power, the use of which you should be and are responsible.

The Seattle Central Labor Council, realizing the predicament that Labor finds itself in, has unanimously adopted the two resolutions enclosed, and forwards them to your honorable body with an earnest appeal that you do likewise and follow them up with prompt and determined action. San Francisco and Oakland, according to our information, propose similar action.

Confident that every worker will realize that he or she is just as safe as, and no safer than, Tom Mooney and will act intelligently and effectively, I am

Yours for such a solid front as will secure Justice for Tom Mooney.

JAMES A. DUNCAN,
Secretary.

The resolutions follows:

Whereas, In spite of the fact that in the so-called San Francisco preparedness day bomb case, the conviction of Thomas J. Mooney was secured by means of what has since been found to be perjured evidence; and

Whereas, All legal processes have been entirely exhausted in an effort to secure a new and fair trial, but without effect; and

Whereas, President Woodrow Wilson, after thorough investigation has made three unsuccessful attempts to secure justice, the defects in the laws of California which make it impossible to right a wrong committed by the court, no matter how flagrant, being the great stumbling block; and

Whereas, The issue as to which is paramount and shall prevail, “Law” or “Justice,” seemingly remains for the workers of the nation through their economic power to decide, and since no worker in the nation can rest secure until it is decided; and

Whereas, The lives of our boys at the front would no longer be jeopardized by our action, but their interests and the principles for which they fought, safeguarded; now therefore he it

Revolved, By the Central Labor Council of Seattle and Vicinity, in regular session assembled this 20th day of November, 1918, that unless justice is secured for Tom Mooney by December 9th, 1918, we appeal to the workers of the nation to lay down their tools and cease work upon that day and refuse to resume work until a new trial is granted or the freedom of Tom Mooney secured; and further be it

Resolved, 1. That a referendum vote be taken of all Unionists of this city for an expression upon this question;

2. That all central bodies be urged to do likewise in order that the action may be nation wide and effective;

3. That the A, F. of L. officials be requested to handle and direct the movement.

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Whereas, In spite of the fact that in the so-called San Francisco preparedness day bomb case, the conviction of Thomas J. Mooney was secured by means of what has since been found to be perjured evidence; and

Whereas, All legal processes have been, entirely exhausted in an effort to secure a new and fair trial, but without effect; and

Whereas, President Woodrow Wilson, after thorough investigation has made three unsuccessful attempts to secure justice, the defects in the laws of California which make it impossible to right a wrong committed by the court, no matter how flagrant, being the great stumbling block; and

Whereas. The Governor of California is the only living being whose word can direct the court of justice in this case and avoid the necessity of drastic action; now therefore be it

Resolved, by the Central Labor Council of Seattle and Vicinity, in regular session assembled this 20th day of November, 1918, that we again urge Governor William D. Stephens to say the word which he alone can say and which will open the way for a new trial or freedom for Thomas J. Mooney.

The Council also expressed the opinion that the subject matter of the above resolutions was justified by facts brought out at the trial of Mooney and after his conviction.

The Council, in the strongest terms, condemned the California law as defined by the supreme court of that state, and given orally by Judge Franklin Griffin (when he passed final sentence condemning Mooney to death) in the following language:

“In this State it is the settled law that a judgment cannot be set aside because it is predicated upon perjured testimony or because material evidence is concealed or suppressed.

“With ail the harshness and severity of this rule, and with a knowledge that injustice must at times be done in its application, it is the law defined by the Supreme Court of this State, and by it this court is bound.

“Nor can it be said that the duty of a district attorney differs in the trial of criminal actions from that counsel in civil actions. Each has an equal duty imposed upon him by the oath he has taken and by the law of the land, to present to the court and to the jury only competent and legitimate evidence from which may be determined the truth of the issues involved. If that obligation be violated and perjured evidence produced or material evidence suppressed by either, as we have seen, in so far as the judgment is concerned, the injured party is without remedy.”

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A warrant was ordered drawn for the money in the Mooney defense fund remaining in the hands of the treasurer.

Reports of Unions

The Butchers reported their union voted to strike in sympathy with Tom Mooney when notified…

The Piledrivers…favored the Mooney strike…

The Council adjourned.

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FICKERT IS TRAPPED IN OWN OFFICE
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Wonderful Record of Trickery and Corruption
Exposed By John B. Densmore
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Printed In the San Francisco Call, November 22 is the voluminous report of John B. Densmore, Director-General of Employment, U. S. Department of Labor, to Secretary of Labor Wm. [B]. Wilson. Mr. Densmore was ordered by Secretary Wilson to investigate the circumstances surrounding the Trial of Thomas J. Mooney and his co-defendants charged with the bomb outrages on July 22, 1916.

Of these defendants Warren K. Billings was tried, convicted and sentenced to life imprisonment in San Quentin Penitentiary; Thomas J. Mooney was tried and sentenced to be hanged; Mrs. Rena Mooney and Israel Weinberg were tried and acquitted, and Edward D. Nolan was admitted to bail, and is now awaiting trial.

Mr. Densmore secured a dictaphone, employed a corps of competent assistants and proceeded to San Francisco to get busy on his job. There were apparently insurmountable difficulties to be overcome in the installation of the dictaphone in Pickett’s office, but the report of Mr, Densmore shows it was finally accomplished, and the machine was put into perfect working order.

What the investigators heard during several months of patient listening was a mass of evidence of the most damnable conspiracy ever concocted by a public official on this continent.

Not only evidence conclusively proving a frame-up against the alleged bomb defendants was obtained, but also evidence of much other dirty work in the ramifications of corrupt practice was unearthed-such as bribery, perjury, subornation of perjury, jury-fixing and other criminal acts that would aid Fickert in prosecution of innocent men and women and the securing of immunity for the guilty.

Fickert secured his tools from the lowest stratum of society and was aided in his diabolical work by higher-ups who, with Fickert, will have their conscienceless souls burned by the sunlight of publicity if they do not themselves dwell in the dungeon cells they would have others occupy.

The story is too long to print in The Journal but we think Densmore’s report will ere long appear in pamphlet form.

Grand Jury Called.

Very soon after the Call appeared on the streets Presiding Judge Morgan of the San Francisco Superior Court summoned a grand jury to probe the Densmore charges. The grand jury is now in session.

John B. Densmore, Director-General of the Federal Employment Service, was instructed by Secretary of Labor Wilson to furnish to Gov. Stephens, of California, a copy of his report in the Mooney case.

He also was directed to place himself entirely at the Governor’s disposal.

In a telegram notifying Governor Stephens of his action, Mr. Wilson revealed that the foreman of the grand jury at San Francisco investigating charges of irregularity made in Mr. Densmore’s report had asked him to furnish the jury with a copy.

Wilson Criticises Method of
Probing Densmore’s Report

Secretary Wilson’s telegram to the Governor criticised the method of investigating the charges made by Mr. Densmore, but said the government would place at Mr. Stephens’ disposal all material it has bearing either on the Mooney case or on the charges made in Mr. Densmore’s report.

Secretary Wilson said “the San Francisco grand jury does not seem the impartial and appropriate instrument the prosecution calls for because it involves the District Attorney who is the legal adviser of the grand jury.”

District Attorney Fickert, the legal advisor of a grand jury probing charges of corruption against himself. How does that sound to you?

The report last night was that Governor Stevens would probably commute the sentence of Tom Mooney to life imprisonment.

This would be a dirty, sneaking way to cover up the official filth in California and will not be at all satisfactory to the hundreds of thousands who demand justice and truth.

Labor wants a fair trial of Tom Mooney.

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[Photographs added.]

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SOURCES

San Francisco Chronicle
(San Francisco, California)
-Nov 29, 1918
(Also source for images within article.)
https://www.newspapers.com/image/27428387/

The Labor Journal
(Everett Washington)
-Nov 29, 1918
https://chroniclingamerica.loc.gov/lccn/sn88085620/1918-11-29/ed-1/seq-1/

IMAGES
Tom and Rena Mooney, ISR, Dec 1916
https://books.google.com/books/reader?id=SVRIAAAAYAAJ&printsec=frontcover&output=reader&source=gbs_atb&pg=GBS.PA363
J. B. Densmore of US DoL, about 1918
https://play.google.com/books/reader?id=FvA7AQAAMAAJ&printsec=frontcover&pg=GBS.PA21

See also:

Tag: Tom Mooney
https://weneverforget.org/tag/tom-mooney/

Tag: Mooney-Billings Case
https://weneverforget.org/tag/mooney-billings-case/

Fickert Has Ravished Justice
Tom Mooney Molders Defense Committee
San Francisco, 1917
http://debs.indstate.edu/m666f5_1917.pdf

Justice and Labor in the Mooney Case
-International Workers’ Defense League
San Francisco, Jan 1, 1919
https://books.google.com/books?id=FvA7AQAAMAAJ
“The Densmore Report” (quoted in part)
https://play.google.com/books/reader?id=FvA7AQAAMAAJ&printsec=frontcover&pg=GBS.PA21

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