The Barre daily times. (Barre, Vt.) 1897-1959, 1921-07-14
ISSUE is ONE
OF IDENTITY
SAID JUDGE
Any Consciousness of Guilt
Must Be Connected With
the Murder of Paymas-
ter ard His Guard, Ber-
= ardelli, at So. Braintree,
= Mass.

Dedham, Mass, July l4.--The jury
tolomeo Vanzetti for the murder of a
paymaster and his guard at South
Braintree last year was charged by
Judge Webster Thsyer to-day to seek
courage in its deliberations, such as
vas typified by the American soldier
as he fought and gave up his life upon
the battlefields of France"
"Crimes committed affect the safety
of human lives, the sanctity of homes
and the security of private and public
rights" Judge Thayer said
"The law grants to every. person the
same rights and privileges and imposes
upon each corresponding duties, obliga.
tions and responsibilities. For whoever
Is willing 10 accept the blessings of
government should be perfectly willing
to serve with fidelity that same gov
ernfnent.
In the administration of our laws
there is and should be no distinction
between parties. Under our law all
classes of society, the poor and the
rich, the learned and the ignorant, the
most powerful citizen as well as the
humblest, the believer as we'll as the
believer, the radical as we'll as con-
servative, the foreign born as well as
the native born, are entitled 20 and
should receive the same rights, priv
ileges and consideration as the logic
of law, reason and sound Judgment,
Justice and common sense demand
81, therefore, beseech You not to al
lou the fact that the defendants are
Italians TO influence or prejudice you
In the least degree. They are entitled
10 the same rights and consideration
a. their ancestors who came over in the
Nsyhower-
"The law does not require proof so
positive, so unerring and convincing
that II amounts to mathematical or
absolute certainty. You might obtain
proof of that character in the exact
sciences, but not in human investiga-
tions. For you must remember that we
are all engaged in human investiga-
tions in which all the evidence must be
considered, weighed and determined by !
surors who are human beings"
The Judge instructed the jury on the |
degrees Of murder, first and second, |
carrying, respectively, the death pen |
atty and life imprisonment.
THE real issue that you must de- |
termine is a very narrow one" he /
said. 'Tt is one of identity. Although |
the evidence has been voluminous, yet |
q jury could hardly have an issue more
narrow for its determination than the |
one involved in these cases. That muir
der in the first degree has been COM
mitted there seems to be little or no
dispute, according to the arguments of
counsel But there is most strenuous
contest or dispute as to the indentity
of the murders.
Identity NAV be established by di-
rect or by circumstantial evidence. In
the eyes Of the law there is no i'm
portant distinction between circum-
etantial evidence and any other kind
Of evidence introduced. Over positive
ness in Identification might under
some circumstances and conditions be
evidence of weakness in the testimony
rather than strength. Certainly varies
in degrees. ANY evidence that tends in
any degree however to prove like
ness or similarity between the defend
ants and the assailants is admissible"
Judge Thayer pointed TO the con-
tested issue of the Ss-calibre nickel
plated revolver found on Vsnzetti The
state claims it was snatched by ono
Of the murderers from the paymaster's
guard before he died. and the defense
claims that Vanzetti bought from
friend a long time before the crime.
He also called the jury to determine
whether the bullet which killed Be-
erdelli was fired from pistol found on
Sscco as claimed by the state, O. by
some other weapon as contended BY the !
defense
Referring to the matter Of conscious
ness Of guilt which the state claims ,
Sscco and Nanzetti manifested because
Of their part in the murder, and which
the defense claims they showed as
draft evaders and radicals, Judge
Thaver said:
The mind being conscious Of every I
act heretofore committed. IL knows {
whether or not such act Is one Of inuo- Q
renee or guilt. II il Indicates guilt. that !
! evidence Of self consciousness Of a
guilty act, tending to prove the com y
mission Of such guilty act, and evi- :
iencs of the commission Of = criminal ?
act tends to prove the identity Of the 4
suthor Of such criminal act" n
But the jury 20 find the defendants 2
yuilty must be satisfied that suv con .
scio1sress Of guilt shown by Ssoco OF
Fsnxetti was related 70 The murder of &