Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-13
COLBY CLEARL Y DEMONSTRATES
SUPERIORITY over BATES AND
WINS CR|LL|NG CONTEST 9T0 6
ATTORNEYS CLOSE ARGUMENTS
ON MOTIONS FOR new TRIAL
IN SACC0 and vANzETTI CASE

Dedham, Mass, Nov. 12.-Attor-
neys for the prosecution and the
defense closed their arguments in
Norfolk County Superior Court here
today on the five motions for a new
trial filed in behalf of Nicola Sacco
and Bartolomeo Vanzetti. convicted
his guard at South Braintree three
years ago. Judge Webster Thayer
took the motions under advisement
and adjourned court without date.
Charges of coercion and fraud
were made by Frederick G. Kaufman,
special assistant attorney general, in
attacking the affidavit of Lola r.
Andrews, submitted by the defense
as basis for one of the motions for
new trial. Mrs. Andrews, who was
a witness for the state at the trial.
identified Sacco as a man she had
seen near the scene of the murder a
short time before the shooting. She
testified that she was in South
looking for work.
subsequently,. in affidavits filed by
the defense, she repudiated her tes-
timony but in an affidavit later OBJ
tanned from her by the government,
she reaffirmed her testimony as given
at the trial.
Fraud. deceit. and inducement
were practiced upon this woman to
get her to sign those affidavits." Mr..
Kaufman asserted. He declared that
not only were they obtained by fraud
and coercion but that they were I'M
true.
1t was because of the appeals of
her son, Andrew J. Hassan. and I'M
dor 6nrQSS of REVEALING hnr, form, a,,
life that she signed. Pressure. duress.
coersion and intimidation We're all
exercised" Mr.. katzman said. "She
was subjected to the most cruel
duress that could be conceived"
Fred H. Moore. counsel for the de-
Tense. in rebuttal said that it was
an almost hopeless task for him to
answer the argument of Mr. Katzz-
man but asserted that the vital mat
ter involved was contained in the
affidavits.
Referring to Louis Pelser. whose
credibility as witness for the state
in the first trial, he attacked. MIR
Moore said. Il am not going to ask
you to find anyone guilty on the
testimony of Louis Pelser."
Judge Thayer then interrupted
him and asked:
DO you mean what you say. Mr..
Moore? Are you not asking me to
believe You when YOU say that he
lied?'
Attorney Moore then launched in
to an argument, aSsailing Pelser's
truStworthineSS as witness and
concluded by urging the court to
grant new trial. A new trial would
not injure the state. he said. but
argued that if the state refused to
grant n new trial the action would
be felt all over the country. Grant
ing Il new trial would impress the
foreign population. subject to Ameri-
can law. with a feeling that justice
was being done. he commended
District Attorney Williams an
nounced that he had filed perfecting
affidavits from Captain Charles Van
Amburgh and the defense was per-
mitted the right to file an affidavit
by Albert H. Hamilton in connection
with the Van Amburgh affidavit If it
so desired.
Mr.. Moore stated that he had been
unable as yet to obtain an affidavit
from firearms expert who had
fired five bullets from a revolver
used as evidence and who testified
for the defense in the trial when the
state requested that the bullets be
turned in as evidence. only two
could be found and Mr.. Moore was
directed to obtain an affidavit from
him.
After adjournment. Mr.. Moore
stated that he was considering
working on the case from 4 new an
gle and that additional motions for
new trial might be filed.