Evening star., 1921-10-30
RADICALS CHARGE
/. REFUTEDBY JUDGE
Dedham Jury Not Told to
Convict Two Italians Be-
cause of Their Opinions.
BY the Associated Press.

DEDHAM. Mass, October 29.-Judge
Webster Thayer tonight denounced as
absolutely false" reports which he
said had been published overseas that
the jury at the trial of Nicolo Sacco
and Bartolomeo Vanzetti, convicted of
double murder during highway
robbery at South Braintree last year.
was instructed that 1t must convict
them because they were Italians and
radicals
Immediately after he had continued
for week the hearing for 4 new trial
for the men. who>sinCe their convic-
Tion have been the subjects Of bomb,
Sueaking and marching demonstra-
IONS I'm Europe and South America,
Judge Thayer read his statement.
In the Norfolk county courthouse.
under the heaviest armed surveillance
IN its history, with mounted state
"onstabulary patroliing the vicinity.
motorcycle police held in reserve and
IL score of uniformed Boston police
'acn with riot guns stationed about
the structure and grounds. Judge
Thayer said:
IL Interest is International.
These cases seem to have assumed
y state national and international in
tersSt. Overseas Il statement was
published that the presiding justice
Judge Thayer) said 10 the jury that
these men must be convicted because
statement was absolutely false. That
was published through ignorance or
malice.
Il have labored to keep out of this
case every reference TO anarchy or
radical:sm of any kind, and succeed
ed in keeping it out until Mr.. Van
zstti himself took :ne witness stand.
The defense raised the issue of
whether the consciousness of guilt
said to have been shown by these de-
NJ ,f ,r.,ilf
of the crime of which they We're ac-
cused, or consciousness of guilt of
radicalism, with a fear of deporta-
lion from this country.
Pointed Out Equal Rights.
II want it made clear that I stated
to the jury in my charge: In the
administration of our laws, criminal
or civil. there is and should be no
discrimination between classes of So
fciety. Under our law all classes, poor
or rich, learned or illiterate. radical
or conservative. foreign or native
+. born. enjoy the same rights and priv
jleges. l therefore beseech you not
TO allow the fact that these defend
ants are Italians to influence you.
They have the same rights as though
their ancestors came over in the May
DOVER
II make this statement because
feel that, in view of what is happen
tion that may exist. the people of
this commonwealth should know the
statement that their servant made to
III" jury in the trial of these cases.
FREQ II. Moore. chief counsel for
tnA defense, assailed the courts
iuhne during the trial that reference
TO Sacco's or Vanzetti's radical be-
liefs should be kept out of the evil
dence. characterizing what the court
said as Greek gifts"
Calls Ruling "Greek Gifts"
"fn regard to the courts ruling" Mr.
Me sre said, slowly and with empha-
sis with all due regard to your
that the statement of what your
honor intended, if 1 may paraphrase
it, partook of the nature of Greek
gifts
"Of WHAT" asked Judge Thayer.
sharply.
Mr.. Moore repeated, Greek Gifts.
We were confronted as a result of
the ruling he continued, with two
problems: Either to keep the de-
PENDANTS off the witness stand or to
certain of their movements had to be
accounted for"
Judge Thayer interrupted to ask if
Mr.. Moore did not recall having said,
when the court ruled on the radical
ism matter. that defense counsel
=.
Mr.. Moore denied it, but said that one
of his colleagues might have done So.
Defendants Raise Issue.
Judge Thayer here took issue with
Mr.. Moore. SAYING that the courts
exact ruling was that no evidence
Of the defendants radical activities
or opinions or the previous conviction
of VanZetti for an East Bridgewater
attempted highway robbery would be
allowed during the present trial until
the defendants released such matter
themselves" ---.-
This he said they did when they
took the witness stand.
Mr.. Moore obtained n weeks time
in which to file an additional motion
for a new trial. Incorporating a new
question in (which we consider irregu-
larties In the jury ROOM" He did not
go into further detail.
Marquis A. Ferrante, Italian consul
at Boston, and representatives of va
rious civic and social organizations
were present at the hearing. George
r. Rover, national executive COM
nitteeman of the socialist party of
America, appeared as counsel for the
American Civil Liberties Union. and
asked permission to file q petition for
Il new trial as friend of the court"
He did not file it. however, and made
no statement concerning 1t.