Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-02

Dedham. Mass. Oct. 1.-The battle
for new trial for Nicola Sacco and
Bartolomeo Nanzetti. convicted more
than three years ago of the murder of
| paymaster and his guard in South
Eraintree. resulted today in defeat for
defence counsel when Judge Webster
Thayer, Norfolk superior court. sepa-
rately dismissed five motions to set
aside the verdict of the trial jury.
Fred H. Moore. chief counsel of the
| group associated in the defence, inti-
mated later that the supreme court of
the state would be asked to review
Judge Thayer's findings
Motions seeking n new trial for Sacco
and Nanzetti have been before the
court ut intervals since 1921, and rad
ical demonstrations in various parts
of the world In favor of the convicted
'ernationnl interest. The motions were
based on affidavits made by several
witnesses at the trial repudiating the
evidence then given. as well as on the
claim that new evidence had been dis
covered and that there were certain ir-
regularitieS In the original proceedings.
One of the motions was based on the
allegat alton that Walter II. Ripley, fore
man Of the jury. had in his pocket
while sitting in the case three car
tridges which had been introduced as
exhibits. This was denied the judge
| said. The second motion. support ed by
| affidavitS of trial witnesses-Roy c.
Gould. Mrs. Lola Andrews and others
7 y n l,nN =
been discovered. was also overruled
On third motion, based on repudi-
elton Of evidence by Carlos Goodrich,
the judge said:
"Was this conduct on the part Of Mr..
Moore. who went to NassaIboro. Maine.
TO interview Goodrich, performed In the
furtherance of public justice or was it
cruel and unjustfiable attempt to
scare Goodrich into swearing to some
thing that was false against the dis
trict attorneys office? There can he
but one answer"
A fourth motion was based on an
affidavit by Mrs. Lota Andrews. repudi-
ating testimony ut the trial from which
she identified Sacco. The affi6ayits al
lege the witness had been coerccd int o
giving this testimony by the district
attorney Judge Thayer in his finding
criticized the conduct Of Mr.. Moore.
and held charges against Messrs. KATE
man nand Williams of the district at
torney's office. to be absolutely up-
true.
The fifth motion. also denied. was
based on three affidavits which related
to the pistols. and the shells used in
them taken from Sacco and Nanzetti.
The long litigation began Is months
after the double killing in a shoe fac
tory holdup on April Is. 1920. when
! Norfolk county authorities arrested
, Sacco. shoe worker, and NanZetti. n
peddler of fish. as two of the five rob-
bers. and put Nanzetti on trial for par
ticipation in another holdup of the
same kind for which he was sentenced
to Is years.
After long trial Sacco and Vanzetti
were convicted of murder In the first
degree. The defence contended much
of the appearance of guilt against
Sacco and Vanzetti grew out Of their
radical activities. their fear Of the po-
lice as n result. and their carrying of
weapons for that reason.
Government witnesses identified Sac
co as tho man who fired one of the
shots at the paymastcr. and Vanzetti
as one of the gunner in the bandit car
Defence witnesses presented alibi tes-
timony which placed Sacco at the Ital-
ian consulate in Boston on the day Of
tn" shooting and had Vanzetti selling
fish at Plymouth.
Sacco went on a hunger strike a
year ago and this was followed by an
attempt at suicide. Sacco' has been
held in TIE Dedham Jail. while Vanzetti
is serving his sentence at the state
prison.