The New York herald., 1921-12-25
SACCOAND VANZETTI
LOSE FIGHT FOR new
TRIAL FOR MURDERS
Judge Thayer Says Jurors
Neither Mistook nor
Abused Trust.
MEN HEAVILY GUARDED
Bullets Shown in the Jury
Room Had No Influence,
Is Contention.
DEFENDANTS TO APPEAL
Ruling Oh a Motion in Supple
mentary Proceedings Is
Postponed.

Special Dispatch to THE New YORK HERALD.
BosToN. Dec. 24.-Judge Webster
Thayer, who presided at the trial of
Nicola Sacco and Bartholomeo Van
zetti for the murder of Frederick A.
Parmenter and his guard, Allessandro
Berardellf, at Braintree in April. 1920,
denied to them a new trial to-day on
the ground of insufficiency Of evidence
and technicalities Of law, but he re-
served decision on a supplementary
motion in which counsel for the de-
PENDANTS set up claim of improprie-
ties in the jury room.
The Judge set no date for announc-
ing decision on the new motion, and,
pending consideration of it and the
taking of exceptions to the Supreme
Court. did not impose sentence.
Under the statute, on the verdict of
the jury, both defendants will be sem
fenced to capital punishment, unless
Judge Thayer grants new trial on
their new motion or the Supreme
Court sets aside the verdict rendered
by the trial jury.
Sacco and Vanzetti, both of whom
have become international figures since
their arrest for the double murder at
the Braintree factory of Slater & Nor
rill, were in court to press their claims
for new trial. Sacco. who has been
kept in the county Jail at Dedham. and
vanzetti, already q convict at the State
prison in Charlestown for another rob-
berry, were heavily guarded when they
came into court to-day. In addition
there was a heavy guard around the
court house to prevent any demonstra-
ton.
Jurors Anidavits offered.
public interest in all parts of the world,
was upon questions presented severa
weeks ago. Yesterday counsel for the
convicted men argued OH motion for
u new trial. offering affidavits of Jurors
that at the time of the trial outside
exhibits were introduced in the jury
room by Walter II. Ripley, foreman.
Ripley died subsequent to the trial.
Counsel for the condemned men say he
prejudiced the jury by exhibiting to
them bullets which were compared with
the States exhibits. Members OF the
panel made statements TO defense coun-
sci concerning the effects upon their
minds. but II was not agreed as to the
manner In which their testimony might
be presented to the court. and at the
close Of arguments the new motion was
taken under advisement.
Judge Thayer in an exhaustive review
of all the evidence declared the jury was
one Of the very best ever chosen for the
trial of criminal case and pointed out
that the only criticism was not against
its honesty or integrity but concerned
its Judgment, which, it was asserted, was
unduly warped by prejudice.
No Evidence OF Abuse OF Trust.
After reciting the grounds upon which
a Justice would be warranted In setting
aside jury verdict Judge Thayer said:
There was no evidence produced at
the hearings upon the motions for new
trials that even tends in the least degree
to prove that the jurors abused their
trust"
Dividing his finding in order to cover
the most vital points at issue, the Judge
said he was asked to disturb the ver-
dict because 1t was said tho jury was
not guided by the truth OF the disputed
questions, and 1t therefore became neces-
sary for him to review each question.
AS to the Identification he said:
Identification was the only issue.
Every other essential proved murder in
the first degree, as admitted by counsel
for the defendant. There was no dis
pute that Il was a Buick car. II was
called bandit car and / will call
1t that.
Quality of Testimony Counts.
There were witnesses called by the
commonwealth who Identified these de-
PENDANTS as being in II. II Is true
larger number called BY the defense
said they were not. That set up clear
cut question of fact which only jury
could determine. The truth did not de-
pend upon the number of witnesses but
the quality OF the testimony"
Judge Thayer recalled that testimony
proved that a .3s caliber bullet was
found in the body of the paymaster's
guard and that a loaded automatic pis-
tol of the same caliber was found IN
possession of Sacco.
Though he related the testimony OF
the revolver experts at some length, the
court declared the jurors were not de-
pendent upon Il because they had the
benefit OF personal observation, made In
the courtroom, and he ruled that the
jurors had right TO find that the
marks on the bullet were telltale OF
guilt rather than OF innocence.