The Birmingham age-herald., 1921-10-30
FOREIGN REPORTS
 REGARDING CASE
 OF SACCO DENIED
Hearing for New Trial for Anarchists Sentenced to Die Is Continued for
 a Week
By Associated Prcss

Dedham Mass. October 29.- Judge Webster Thayer tonight de- nouneed as absolutely false" reports which he sad had been published overseas that the jury at the trial of Nicolo sacca and Bartolomeo Van Setti. convlcted of double murder during hlshway robbery at South Braintree last year was instructed that 1t mus. convict them because they were IlaAans and radicals.
 Immediately after he had contin- ued for a week the hearing for a new trial for the men. who since their convIcIIon have been the sub Jects of bo1np, speaking and march Ing uemonstrallons in Europe and South AmerIca, Judge Thayer read his statement.
 In the Norfolk county court house, under the heaviest armed surVeil- lance in it's history, with mounted state oonstabulary patrouing the vicinity, motorcycle police held in reserve and B score of uniformed Boston policemen with riot guns stationed about the structure and grounds. Judge Thayer said:
 Judges Statement
 Ines9 cases ScHtu to nave dh~ sumed B state, national and inter- national interest. Overseas q state ment was published that the presid ing justice (Judge Thayer) said to the jury that these men must be convicted because they were Ital- ians and radlca!s. That statement was absolutely false, That was pub iished through ignorance or ma lice,
 'I have laborede to keep out of this case every reterence to anarchy or radicaiism of any kind, and suc- ceeded in keeping 1t out until MT. vanzetti himself took the witness stand.
 The defense raised the issue of whether the consciousness of guilt said to have been shown by these defendants was consciousness of guilt of the crime of which they accused, on consciousness of guilt of radicalism, with fear of de- portation from this country.
 What Jury Was Told
 'T want 1t, made clear that stated to the jury in my charge: Tn the administration of our laws, criminal or civil. there is and should be no discrimination between classes
 
 classes, rich or poor, learned or H. literate, radical or conservative, for eign or native- born, enjoy the same rights and privileges. I therefore, beseech you not to allow the fact that these defendants are Italians to influence you They have the same rights as though their ances- tors camc over on the Mayflower.
 "I make this statement because feel that, in view of what Is happen ing abroad and because of the situ- ation that may exist, the people of this commonwealth should know the 8 statement that their servant made to the jury in the trial of these cases"
 Fred H. Moore, chief counsel for the defense, assailed the courts rul- ing the trial that reference to Sacco' s and Vanzetti's radical beliefs should be kept out of the evidence, charac- terizing what the court said as Greek gifts"
 Tn regard to the courts ruling" Mir. Moore said slowly and with em- phasis, with all due regard to your honor, may be permitted to say that the statement of what your hon. or intended. if may paraphrase it. partook of the nature of Greek gifts"
 "Of whatr' asked Judge Thayer. sharply.
 MT. Moore repeated. Greek gifts I've were confronted as a result of the ruling" he continued. with two problems:
 "Either to keep the defendants off the witness stand or to put them on to commit perjury. as certain of their movements had to be accounted for"
 Judge Thayer interrupted to ask If MT. Moore did not recall having said when the court ruled on the radical ism matter, that defense counsel would greatly appreciate the ruling, Mir. Moore denied it. but said that one of his colleagues might have done so.
 Judge Thayer here took issue with Mir. Moore, saying that the courts exact ruling was that no evidence of the defendants radical activities or opinions, or the previous convic- ton of vanzetti for an East Bridge water 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.
 Mir. Moore obtained a weeks time in which to file an additional motion for g new trial, incorporating a new question which we consider irregu- larities in the jury room." He did not go into further detail.
 Marquis A. Ferrante, Italian con- ---------------------------