Why hadn’t he reported the incident to the police when “he had noticed

a mounted policeman there very close just before that?” He didn’t want

to become involved. “Although I thought these men were thieves, I

didn’t call a policeman, I didn’t look for one.” But he did jot down

the license number of the Ford jitney--No. 5187--on the back of a

Western Union envelope with the notation, “Think stolen grip. S. F.

July 22.”

Thirteen-year-old Jimmy McDougall had been a flag boy with the First

California Volunteers that afternoon. His unit formed in Steuart

Street and had just turned the corner into Market Street when the bomb

exploded. While he was waiting for the Volunteers to join the parade,

Jimmy remembered seeing a light-brown leather suitcase “sitting where

the hole was afterwards.” He had first seen the suitcase, which was

about fifty-one inches long, ten inches wide, and a little more than

fourteen inches high, “about ten minutes before I started to march.”

But he hadn’t noticed any of the defendants in the area.

Before turning to les dames Edeau, Fickert called Detective John

A. Dolan who had “arrived at the scene of the explosion about five

minutes after it.” Like the other gendarmes who had preceded him on the

stand, he described the positions of the bodies, the condition of the

sidewalk, and the various pieces of metal that littered the area. When

Fickert turned the witness over to him, Cockran saw a neat opportunity

to put a small spike in Oxman’s story. He asked Dolan whether he had

noticed any cars on Market Street after the parade had started. The

detective, who had been assigned to look out for pickpockets on the

sidewalks, said that he had seen no automobiles along the line of march

and that he knew there was a general order excluding them from the area.

Sadie Edeau and her mother had both testified in the Billings trial.

Although the two women swore that they had observed Billings on the

roof of 721 Market Street, neither one had mentioned seeing any of the

other defendants. Now Miss Edeau said that, shortly after witnessing

Billings on the roof, “I saw Thomas J. Mooney and Mrs. Mooney ...

coming down from the way of 721 Market Street.” When Billings came out

of 721, she had watched him talking to Patrolman Moore. “I next saw

Billings meet Mooney in the center of the sidewalk a little past the

entrance to the Kamm Building a little further out on Market Street.”

When she last saw the trio, they “all started down to the Ferry.” A few

minutes earlier, she had seen Weinberg enter a “five-seated Ford” which

had been parked on Market Street, facing downtown, and “drive down

toward Third Street.” All of this had occurred “between half past one

and twenty minutes to two.”

Cockran was beside himself when he took the witness over.

Q. Now, Miss Edeau, will you tell us why you didn’t mention Mr. Mooney

and Mrs. Mooney and Israel Weinberg and the Kamm Building and that

automobile ... at any time during the trial of the Billings case?

A. Yes, I was never asked anything about them on the witness chair.

Q. Were you asked what you saw that day?

A. I was only asked what I saw Billings do.

In fact, she hadn’t even told Draper H. Hand, the detective who had

interviewed her in Fickert’s office before the Billings trial, all

that she had seen because she “wanted to stay out of the affair.” But

she insisted that she had revealed to him “about seeing the jitney and

seeing the officer honk that horn.”

However, there was someone in whom Miss Edeau had confided before going

to the police. She had spoken to Professor H. C. Migram, an elder in

her church. But, while she had told him “more than I told Mr. Hand,”

she was obviously not a lady who liked to reveal all at one sitting.

Q. Did you tell him everything you saw?

A. I didn’t tell him everything we saw.

Q. He told you to come over to the District Attorney and tell him

everything you saw?

A. Certainly.

Q. And as I understand you, you didn’t tell him everything you saw,

some of it you reserved until today?

A. Yes.

Q. Why didn’t you?

A. Because I didn’t feel like doing it.

Q. You didn’t feel like telling the whole truth?

You wanted to tell as much as you wanted?

A. The reason why I didn’t tell it was because I didn’t want to get

into it.

Q. But you were in it!

A. We need not have gotten into it if we didn’t want to be truthful.

Q. But the elder advised you to go and tell the District Attorney

everything you know?

A. Yes.

Q. And you went over and didn’t tell him all that you knew?

A. I think we did.

Cockran was muttering to himself when he sat down.

Mellie Edeau not only vigorously confirmed her daughter’s version,

but insisted that they neither knew of any reward nor were “after

the reward.” “Such a thing as that would not appeal to me,” she told

Cockran. After Patrolman Moore, Peter Vidovich and Herbert C. Wade had

repeated the testimony they had given in the Billings trial, Fickert

called T. K. Stateler, a Civil War veteran who, like young Jimmy

McDougall, had also seen “a suitcase at the place where I afterwards

saw the indentation on the sidewalk.” Stateler, who didn’t have the

stamina he had had at Gettysburg, had tired on his walk from his office

to his unit’s assembly point in Steuart Street. “I looked for something

to sit down on,” he said, “and I saw the suitcase. It was in the shade

and it occurred to me to sit on it.” But a solid belief in private

property had won out and he had decided to rest his G. A. R. bones on a

nearby fence instead. As for the suitcase, “it looked like an old one,

dark tan I should say.”

Fickert closed out his case with a lecture on the detonation of

dynamite by Arthur H. Crane, an explosives expert, and the testimony of

the officers who had arrested Billings and Weinberg. Lieutenant Bunner

had picked up Billings at the Lane Hospital on July 26th. Later that

day, he had searched the suspect’s home at 2410 Mission Street where

he had uncovered a can of .22-caliber cartridges, a loaded .32-caliber

pistol, a .22-caliber rifle, and ten ball bearings. Detective Hand

had apprehended Weinberg in the famous Ford jitney that same day at

the corner of Golden Gate Avenue and Market Street. Sergeant William

R. Proll, accompanied by two policemen and the ubiquitous Martin

Swanson, had ransacked the Mooney studio in the Eilers Building on July

26th. They had found “fifteen .32-caliber cartridges ... also three

steel-jacketed bullets ... nine .38-caliber cartridges,” as well as an

Iver Johnson pistol. On Tuesday, January 30th, twelve days after Cunha

had arisen to address the newly impanelled jury, he informed Judge

Griffin that “the State rests, your Honor.” Now it was Mooney’s turn.

Fickert’s case depended on convincing the jury that the cause of the

blast was a time-bomb concealed in a suitcase which Mooney and Billings

had planted at Steuart and Market Streets. Yet, there were witnesses

who had seen an object falling from a roof just before the explosion

occurred. Dr. Mora J. Moss, a physician who was marching with the Sons

of the American Revolution, happened to look toward a building on the

southwest corner and “saw a black object falling through the air.”

When he noticed it, it was between twelve and fifteen inches from the

ground. “It disappeared,” he testified, “behind the people standing

on the sidewalk and a violent explosion immediately followed.” At the

time, he was sure that it was a signal bomb to start the parade and had

been dropped from the Ferry Building.

Fannie Dahl, Charles F. Hollfender, Louis Eris, and Maud Masterson,

all of whom had been standing in the crowd on Market Street, also had

seen “a dark object” flashing by. Dr. Moss had described it as “a foot

to fourteen inches in length and three and a half to four inches in

diameter.” Eris thought that “it seemed to be cylindrical in shape

and about a foot across.” To Mrs. Masterson it resembled “an object

like a balloon falling.” Janice Compton, who had a sixth-floor room

in the Terminal Hotel, had been watching the parade from her window

when she “saw a man crawl along the cornice of the building then

being demolished just east of the saloon, walk across the roof of the

southwest corner building and lean over the cornice and return, and in

a second the explosion occurred.”

Thomas U. Doidge, who worked for the Fine Arts Engraving Company,

said that he had been standing near the trolley pole in front of 721

Market Street, waiting for the parade. After the street had been

cleared of all traffic, a car drove up and parked so close to him that

he had to step aside so that its driver could get out. A few minutes

later, Patrolman Moore had walked over and asked Doidge, “Is this your

car?” When the witness answered, “No, sir, the driver has gone in the

building here,” Moore “took hold of the horn and honked four or five

times.” Shortly after the policeman had continued on his beat, the

driver came out of 721, entered his car and turned left into O’Farrell

Street. Doidge had not noticed any “suitcase or anything else in his

hand.”

On the afternoon of July 22nd, Wade Hamilton, an employee of the

Eilers Music Company, had been photographing the parade with a small

Brownie folding camera from the roof of 925 Market Street. Four of his

pictures were taken from the rear of the roof and, when he developed

them, he noticed that the Mooneys were included in a group of persons

standing within camera range. A large jeweler’s clock on the opposite

sidewalk also showed up in the photographs. When the defense attorneys

asked Hamilton to let them see prints of the films, he refused and

immediately turned them over to Fickert. At the Billings trial,

blurred prints, which failed to show the clock in the background, were

furnished to the defense and introduced in evidence.

Now, Maxwell McNutt, who had taken over for Cockran, was determined

to force the prosecution to come across with Hamilton’s negatives. He

asked Griffin to order the Police Department to “produce the films

referred to by this witness.” Cunha gave him a bit of a fight.

MR. CUNHA: I believe they are in the possession of Mr. Blum, the

police photographer.

MR. McNUTT: We will ask that they be brought here before the witness

leaves the stand.

THE COURT: Yes, send for them.

MR. CUNHA: It is Mr. McNutt’s business not ours, to send for them.

MR. McNUTT: I have no control over Mr. Blum. Go and get Mr. Blum and

tell him to deliver the films which were delivered to him a week after

the day of the Preparedness Day Parade.

Cunha, after reminding McNutt that he “had copies of those at the last

trial,” gave in meekly. When the films were brought into the courtroom,

Hamilton identified them as those he had taken on July 22nd.

Theodore Kytka, a photography expert for the United States Government,

had made enlargements of Hamilton’s pictures. They clearly showed that

the Mooneys had been on the Eilers Building roof at 2:01 p.m. and 2:04

p.m. on the day of the parade. Since the Eilers Building was more than

a mile away from the corner of Market and Steuart, it was difficult to

see how Mooney could have been in two places at approximately the same

time unless one was prepared to accept a theory later advanced by Mrs.

Edeau that a person’s “astral” and “physical” bodies can be separated

at will.

John C. Lawlor, another Eilers Music Company employee, had gone to

the roof with his wife “about a quarter to two, ten minutes to two,

something like that.” He had seen Rena Mooney there “about ten minutes

to two.” However, in the Billings trial, he had testified that “I first

went up about ten minutes to two and that I remained there about ten

minutes and started to go down the street and had an engagement and met

Mrs. Mooney coming on the roof alone.” His wife, Gertrude, remembered

that Mooney had also been on the roof “but I can’t say what time it

was.” Mr. and Mrs. Mario Cresafulli had seen the couple there at 1:50

p.m. as had Mrs. Julia de Lorenzo.

Before the Mooneys had gone to the roof, they had been in their

fifth-floor studio-apartment. Benjamin Kirsch, who had his tailor shop

in Room 503 of the Eilers Building, had seen Rena Mooney “going down to

the mezzanine floor with a sheet of music in her hand” between one and

1:30 p.m. Harry Rosenblatt, Mrs. Kirsch’s brother, arrived at the shop

“between one and half past” and met the Mooneys there as did Sam Green,

a family friend. Nicholas Hugh Treanor went to Mrs. Mooney’s studio on

the morning of July 22nd and did not leave until 12:30. Rebecca Cutler,

a violin pupil, said that she had come for a lesson that morning but

that she couldn’t remember “what time of day it was.”

Rena Mooney testified that she had seen three of her pupils on the

morning of the parade. Camille Leger had arrived first, only to

announce that “she would rather not take her lesson that week because

she had been on vacation and had not practiced.” Mrs. Mooney told the

girl not to give it a second thought since the cancellation “was just

as well for me as I was going on a vacation myself.” She had decided to

purchase some underwear at Schwartz & Goodman’s on Fifth Street and the

girl accompanied her to the elevator. While she was out, Rena stopped

in the Clarion and bought a shirt and a tie for her husband.

After Rebecca Cutler’s violin lesson, the Mooneys decided to go up

to the roof to see the parade because a huge flag on the front of

the building had blocked all their windows. Martha Timberlake, Mrs.

Mooney’s cousin, and Belle Hammersburg, her sister, went to the roof

with the couple and stayed there until the parade ended. Hilbert

Roberts, a fourteen-year-old pupil of Mrs. Mooney’s, “saw her on Parade

Day on top of the Eilers Building while the parade was going on,” but

didn’t know what time it had been.

When Mooney took the stand, he confirmed his wife’s account of their

activities on July 22nd. He had left the apartment for breakfast at

Hoffman’s Restaurant at 9:30 that morning and returned an hour later.

He recalled that Rebecca Cutler had left his wife’s studio “in the

neighborhood of 1 or 1:15.” A few minutes later, Mrs. Hammersburg and

Mrs. Timberlake arrived and, at approximately 1:30, the quartet went up

to the roof. “We did not leave the roof,” he testified, “until the last

section had passed.” Like his wife, he denied being either at Steuart

and Market Streets or 721 Market Street at any time during the day.

Israel Weinberg, a Russian-born ex-journeyman carpenter who had turned

to hacking early in 1915, had met Mrs. Mooney when a Mrs. Strager (his

wife remembered the name as Trager) recommended her as a music teacher

for his son. Until he was arrested, he had never met Nolan or Billings.

At 2:05 on July 22nd, he had been paying a bill at the gas company

office on Grant Avenue. Then, after buying some chops and a loaf of

bread, he went home and had his lunch. At 4:45, he had driven to the

Ferry and “kept working until ten o’clock that night.” When it came to

denials, he was just as definite as the Mooneys. “I did not drive a

jitney on parade day up to 721 Market Street or to Steuart and Market

or carry as passengers Mooney, Billings, Mrs. Mooney and a man with a

stubby mustache.”

Weinberg insisted that he had picked up two men at 29th and Valencia

who ordered him to take them to the 12:20 Ferry. Although he told them

that “I guess I can make it,” he had arrived five minutes too late.

Then, the cabbie picked up two more passengers on E Street who were

destined for Fillmore and Sutter. When the cab reached Golden Gate

Avenue and Jones Street, Weinberg said, “I saw a jitney driver I know,

Simon Statler.” Later a Simon L. Sutter testified that “I saw Israel

Weinberg driving around Golden Gate Avenue and Jones St. between 12:30

and around 1 p.m. or probably a little after. I don’t know the exact

time. It was in the early afternoon.” Esther Caplan, who ran a misfit

clothing store at 1269 Golden Gate Avenue, had seen Weinberg “between

half past one and two on Saturday” when he had stopped in for a few

minutes to read her a letter from his wife, who had gone east for the

summer. David J. Smith, an old friend, had met him on Golden Gate

between Webster and Fillmore “about a quarter to two.” Weinberg was on

the sidewalk, walking toward his cab, when Smith, who was accompanied

by Leon Carasso, a life insurance agent, had hailed him.

On February 9, 1917, the jury returned a verdict, finding Mooney guilty

of murder in the first degree. Cockran immediately moved for a new

trial on the ground that the verdict was against the weight of the

evidence, but Judge Griffin decided to let things stand as they were.

On February 24th, he sentenced the defendant to be “hanged by the

neck until you be dead.” If this wasn’t the end of the road for the

thirty-year-old ex-moulder, it was as reasonable and uncomfortable a

facsimile as a union man could ask for.

But there was more to come. On April 11th, the _San Francisco Bulletin_

published photostatic reproductions of a series of letters between

Oxman and one F. E. Rigall, the proprietor of a pool hall in Grayville,

Illinois. In the early morning hours of December 14, 1916, the Oregon

cattle dealer had written an urgent--and misspelled--note on the

stationery of the Hotel Terminal to his old friend, urging him to

“cum to San Frisco as a expurt witness in a very important case.” He

promised him “mileage and all that a witness can draw probly 100 in the

clear.” Oxman closed with the plaintive plea that “I need a witness.”

Two days later, Rigall wired: “Will come. Wire transportation and

expenses.”

Oxman answered him at once. “Your Telegram Received,” he wrote, “I

will wire you Transportation in Plenty of time.” But there was one

condition. “You will only hafto say you saw me on July 22 in San Frisco

and that will be easey dun.” In the meantime, he advised his friend

that “the silent Road is the one and say nothing to any Body the fewer

People no it the Better.” On Christmas day, Oxman informed Rigall’s

mother that he was “sending Ed transportation tomorrow.” Perhaps, he

would be able to use her, too, as “a Extry witness” might come in very

handy.

Rigall arrived in San Francisco on January 6, 1917, and registered at

the Terminal Hotel as “L. O. Charles.” He was given Room 437. Four days

later, the register was changed to show that 487 was now occupied by

an “F. E. Rigall, Evansville.” On January 17th, at the request of “Mr.

C. M. Fickert,” a card was issued to an “F. E. Rigall” by the Olympic

Club of San Francisco, extending to him “the privileges of the club for

a period of two weeks.” Apparently, nothing was too good for “a Extry

witness.”

But Rigall was destined never to see action in the Mooney trial for the

simple reason that he had never been in San Francisco before in his

life. On February 12, 1917, three days after Mooney’s conviction, he

sent Cunha a congratulatory wire but warned him that “my evidence will

get party new trial.” The Assistant District Attorney replied by return

telegram that he was “astonished at your suggestion that you have

testimony to help defendant,” and exhorted Rigall to “wire me collect

all details at once.” There was no answer from Grayville.

On February 13th, Charlotte La Posee gave the defense attorneys an

affidavit in which she swore that she had seen Oxman watching the

parade near the entrance to the Phelan Building, more than a mile from

Steuart and Market, at the exact time when, according to his testimony,

he had observed Mooney and Billings planting the lethal suitcase.

According to the _Examiner_, Fickert was “undisturbed” at this

revelation because “John Regal, an Oregon business man, was a companion

of Oxman the day of the Preparedness Parade and could corroborate the

testimony of the cattle man.” The reason “Regal” hadn’t been called at

the trial was “because of domestic difficulties.”

Rigall got around to putting his story in writing on April 22nd when

he signed an affidavit in which he claimed that Oxman, with Fickert’s

help, had tried to get him to say that he had seen Mooney at the corner

of Market and Steuart on Parade Day. For this, he was to receive

$250.00 from Oxman and a liberal share of the reward money. But his

conscience had gotten the better of him and he had left San Francisco

on January 26, 1917, without testifying. When he returned home to

Grayville, he had told the story to Mayor Claude O. Ellis, who had

persuaded him to return to California and prevent “the God damndest

frame-up that you ever heard of.”

Six days earlier, Estelle Smith, the dental assistant who had testified

that Billings and his famous suitcase had been on the roof of 721

Market Street on the day of the explosion, had admitted that Oxman

had tried to bribe her to identify Weinberg as well. “Wouldn’t you

testify,” he had asked her, “that you saw him for a check in four or

five figures?” To her question, “Who sent you to me, Fickert?,” he had

replied, “No, not Fickert, but men higher up than Fickert.” When she

had told the District Attorney of this offer, she was informed that the

cattleman was “a queer old duck.”

On April 30, 1917, Oxman was indicted for subornation of perjury.

One month later, Rena Mooney was brought to trial and acquitted on

July 25th. Fickert managed to keep her in jail on the other seven

indictments until March 30, 1918 when she was released in five thousand

dollars bail. On November 27th, Weinberg also was acquitted but it was

not until March 22, 1918, that he was admitted to bail. Nolan, with

Captain Matheson’s help, walked out of prison shortly after the Oxman

exposures and was never tried.

In the Weinberg trial, eighteen police officers who had been stationed

in the vicinity of Steuart and Market on July 22nd testified that they

had seen no jitney in that area between 1:30 and 2:06 p.m. Inspector

William H. Smith and Captain Walter J. Peterson of the Oakland Police

Department both said that Mrs. Edeau had first told them that she and

her daughter had seen two middle-aged men “carrying a black suitcase

with white metal trimmings at Steuart and Market Streets.” When Mrs.

Edeau was taken to City Prison to identify Mooney and Billings, she

had told Inspector Smith, “I have never seen either of these men in my

life before.” In any event, it had been her “physical” body at Steuart

and Market, she had informed the startled officer, because her “astral”

body was standing on the sidewalk in front of the Kamm Building

watching Billings leaning over the roof of 721 Market Street. Two years

later, her physical hand was to write for the rewards her astral eyes

had earned.

Although Oxman was acquitted of subornation of perjury, Woodrow Wilson

appointed a Mediation Commission to make an investigation into the

Mooney case. On January 16, 1918, the Commission informed the President

that, while it was not in a position to determine the defendant’s guilt

or innocence, it did feel that “a solid basis exists for the feeling

that an injustice was done ... and that an irreparable injustice would

be committed to allow such conviction to proceed to execution.” On the

strength of this report, Wilson persuaded Governor William D. Stephens

to commute Mooney’s sentence to life imprisonment.

Because California law did not permit the granting of a new trial on

the basis of evidence that was not in the original record, it became

impossible, notwithstanding Judge Griffin’s earnest attempts, to give

Mooney another hearing. Both the trial judge and the Supreme Court of

California were powerless to act despite that fact that, in May of

1921, Mr. and Mrs. Earl Hatcher of Woodland, California, told a Grand

Jury investigating Oxman’s possible perjury at the Mooney trial that

the cattleman did not board the San Francisco train until 2:15 p.m.,

nine minutes after the bomb had exploded some ninety miles to the

southwest. When Griffin reminded Governor Stephens that Mooney had

been condemned upon evidence “concerning the truth of which, there

had arisen a very grave doubt,” he had made the understatement of the

century.

But there were still more surprises in the offing. Alice Kidwell,

Estelle Smith’s mother, who had testified before the Grand Jury that

she saw Mooney waiting for Billings outside of 721 Market Street, had

written a letter on February 2, 1917, to her husband, who was then

serving a term for forgery in Folsom Penitentiary. In it, she told

him that “the authorities are going to let you out and maybe in a few

days. Captain Matheson and the District Attorney went to see two of the

Board this A.M. and will see the others at Sac. I know I am needed for

authorities and they are helping me by getting you out.”

... and justice for all · 第 5 / 21 段