New-York tribune., 1921-12-25
New Trial Is
Denied SaccO
And Vanzetti
Motion Based on Insuffi-
cheney of Evidence Over
ruled, but Decision Re-
served on the Second Plea
Jury's Verdict Held Just
Two Reds, Convicted OF
Murder, Taken to Court
at Dedham Under Guard
Special Dispatch to The Tribune


BOSTON, Dec. 24-Judge Webster
Thayer, who presided at the trial of
Nicola Sacco and Bartholomew Van
zetti for the murder of Frederick A.
Parmenter and his guard, Alessandro
beradelli, at Braintree, in April, 1920,
to-day denied them new trial on the
ground of insufficiency of evidence and
technicalities of law, but reserved de-
cision on a supplementary motion in
which counsel for the defendants set
UP claim of improprieties in the Jury
room. The court set no date for an
nouncing decision Or the new motion
and, pending its consideration and the
taking of exceptions to the Supreme
Court, did not imp.se sentence.
Under the statute, on the verdict of
the jury, both defendants will be SEN
fenced to capital punishment unless
Judge Thayer grants them a new trial
on their new motion or the Supreme
Court sets aside the verdict rendered
by the trial jury.
Heavy Guard in Court
Sacco and Vanzetti, sympathy for
whom caused the bombing Of Ambassa-
cor Herrick's residence in Paris and
disorders in Belgium, Italy, Mexico and
South America, were in court to-day to
press their claims for new trial.
Sacco, who has been kept in the county
Jail ct Dedham. and Vanzetti, already
convict at the state prison in Charles
town for another robbery, were heavily
guarded by state and county officers as
we'll as officers from the state prison
and Norfolk County Jail, when they
came into court. In addition, heavy
guard was thrown around the court
house to prevent any possible demon
stration. Neither of the men partici-
pated in the court proceedings.
Judge Thayer's decision, considered
one of the most important ever rem
dered in d Massachusetts criminal
court and which has been awaited with
public interest in many parts of the
world. was upon questions presented to
the court several weeks ago Yesterday
counsel for the convicted men argued
on new motion for new trial offer
ing affidavits of jurors that at the time
OF the trial outside exhibits were intro
duced in the jury room by Walter H.
Prejudiced Jury, Charge
Ripley, long identified with theapub-
nc service in Quincy, both as chief of
the Fire Department and chief of the
Police Department, died subsequent to
the trial. Counsel for the condemned
men claim that he prejudiced the jury
by exhibiting to them bullets which
w
hibits.
Members of the panel made state
ments to defense counsel concerning
the effects upon their minds, but it was
not agreed as to the manner in which
their testimony might be presented TO
the court, and at the conclusion of ar
guments yesterday afternoon the new
motion was taken under advlsement.
Refuses to Set Verdict Aside
Judge Thayer refused to set aside
the JuryS verdict. In an exhaustive
review of all Of the evidence, touching
upon the most important points claimed
by both state and defense, he declared
that the jury was one of the very hest
ever chosen for the trial of a criminal
case, and pointed out that the only
criticism was not against their honesty
or integrity, but concerned their judg-
ment, which. it was claimed, was un-
duly warped by prejudice After re-
citing the grounds upon which a JUS
tice would be warranted in setting
aside jury verdict, Judge Thayer
said:
II cannot find that the Jury either
mistook or abused their trust. There
was no evidence produced at the hear
ings upon the motions for new trials
that even tended in the least degree TO
prove that the jury abused their trust. =
Judge Thayer commented that argu-
ments for a new trial were substan-
TALLY the same as made upon the facts
before the jury.