The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-10-13
JUDGE ADMITS
SACCO, vANZETTI
ATTACK IS WEAK
Lawyers Finally Get
Copy Of Decision
By ART SHIELDS

ATC1cFdACQ EESoo SAdI CofNSoPOnhcNAsl
BOSTON, Mass, Oct. IA
copy of Judge Webster Thayer's
opinion denying a new trial to
Nicola Sacco and BartoIomeo
Vanzetti has just been received
by defense attorneys Moore,
McAmorney and Thompson.
1t contains the startling adj
mission that the murder case
against the two young radicals
must rest on circumstantial evil
dence.
States Evidence Shaken.
The states direct evidence had
been badly shaken by afidavits of
Lola Andrews and Louis Pelzer con
Tossing perjury, and by numerous
other afidayits attesting the criminal
record or general unreliablitiy of
other witnesses.
1t was further shaken by the AFT
davit of an important new defense
witness, Roy z. Gould. This witness
stood so close to the murder car that
one of the bandits shot him thru the
overcoat. He got an excellent de-
scription Of the man and gave his
story to the police at the time but
was not called by the state. The gist
of Judge Thayer's argument disposing
Of the Gould affidavit which clears
Sacco, was that after all the testi-
mony of another eye witness made lit
tie difference-that the states case
depended on circumstantial evidence.
Judge Builds Up Case.
Judge Thayer devotes several pages
Of his opinion to an argument for the
piece Of circumstantial evidence which
he considers the strongest. This is
simply the fact that Sacco and Van
zetti gave the police erroneous infor-
nation about themselves when they
weer arrested. The two Italian work.
ingmen made the explanation after
wards that they were seeking to avoid
persecution as radicals-they were ar
rested at the height of the Palmer
anti-red hysteria-but Judge Thayer
brushed this explanation aside.
Yet persecution of radicals had
been especially marked in Massa-
chusetts and many arrested workers
had adopted the policy of mystifying
their captors for their own protection.
Thayer Acts Like Prosecutor.
Judge Thayer's long opinion reads
like special prosecutions pleading
turnout the 21O pages. There is no
dispassionate judicial tone. The man
on the bench is ardently trying to get
the two men before him for sentence.
He meets strong defense testimony by
slurring defense council or passing
the buck to the jury. The defense af-
fldavit, signed by Louis Pelzer, in
which this star states witness admits
he lied when he said he saw Sacco
firing is entirely passed over in the
text of the certified copy Of the opin-
ion turned over to the Sacco-Vanzetti
attorneys.
The Judge comes out as a protector
of Lola Andrews, arch perjurer and
censures Fred H. Moore, senior de-
Tense lawyer, who got the woman to-
swear that she had testified falsely
under the coercion Of the district at
torney when she identified Sacco.
Later the district attorney got hold
of Lola Andrews again and obtained
another affidavit repudiating the one
she gave Moore. Judge Thayer in
sists that she is now telling the truth.
He says nothing concerning a prior
affidavit that Lola Andrews made be-
fore the trial, stating that she posi-
lively had not seen Sacco at South
Braintree.
Before Court in January.
Again he scolds the defense for
what he terms "cruel and atrocious"
treatment of a certain Goodridge, an.
other star states witness who sought
TO swear Sacco's life away. The de-
tense dug up the fact that Goodridge
had served two prison terms and had
two indictments still out against him.
Thayer alleges that the defense has
attempted to prosecute Goodridge on
the basis Of his criminal record. He
agrees that Goodridge's testimony had
already ben sufficiently impeached at
the trial. But the theory Of the Judge
is that the veracity OF the states d.
rect witnesses doesn't matter so
much-that the case rests on circum.
stantial evidence. So il Sacco and
Vansetti go to the chair It will be
another victory for circumstantial
evidence.
The case will probably come befo2
the January term Of the supreme
court.