The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1926-11-09
.SACCO, VANZETTI
CASE is 0 N + OF
"CLASS JUSTICE"
Workers Must Watch
Judge Thayer
BY EUGENE LYONS,
Federated Press.

(federated Press onerS mere the
first of several articles on the devel-
opment of the Sacco-Vanzetti case,
written by newspaper men formerly
intimately connected with the case.
Judge Webster Thayer's denial of
the latest of many motions for a new
trial of Sacco and Vanzetti will prob
ably be sustained by the Massachu-
sets supreme court, as it upheld
Thayer in the past The last motion
won a certain amount of support for
hthe case in so-called respectable" cir.
cles. These circles are shocked by
Thayer's long-winded refusal of the
new trial motion. They are shocked
by his unjudicial attack on Attorney
Thompson They are altogether as
flustered as tho this were happening
for the first time.
Tries to Justify Self.
But those who have been closest to
the case and have therefore watched
Thayer's behavior most persistently
are neither shocked nor surprised.
His wordy refusal to give Sacco and
Vanzetti the benefit of any doubt is a
six-year-old story. His Opinions" are
just nervous attempts to justify his
own conduct. Ever since his conduct
of the original trial was criticized all
over the world Thayer has behaved
like a man anxious at all costs to
prove his own fairness. To grant
new trial might throw doubt on his
part in the judicial farce which ended
in Saccos and Vanzetti's conviction.
1t seems to me that the labor move
ment, which has given generously Of
its energy and resources in the last
six years, ought to bear several things
in mind as the fight for justice con-
tinues and intensifies.
First. That the persecution OF
Sacco and Vanzetti is class perse.
cution. Their case is not an excep-
ton to the rule of justice, but an ex-
ample Of capitalist justice. The de-
tense must therefore be conducted as
a class defense.
Evidence in Old Case.
Second That the evidence on which
he working class demands a new trial
5 not limited to the affidavits just
lrned down by Thayer. 1t includes
he record of the first trial itself, and
he atmosphere of prejudice and ha-
red in which it took place. 1t in
ludes the proofs Of prejudice on
hayer's part, obvious in his instruc-
ons to the jury and his statements to
bley of the Boston Globe and other
)wspaper men,
1t includes, above all, the mass of
violence brought to light by Former
Defense Counsel Fred H. Moore and
lade the basis of previous motions
II a new trial-confessions of perjury
important government witnesses,
Exposes of other, witnesses as thieves
nd persons of bad character, testi-
nony Of eye witnesses found by the
lefense since the trial, admission that
he gun claimed as Sacco's could not
ave fired the death bullets, etc. The
attention paid to the last motion has
)bscured the previous motions, which
are just as important.
Massachusetts, "Justice."
Third. That the whole machinery
of Massachusetts Justice" is absurd
when it leaves it to Thayer-himself
accused of responsibility in bringing
about the verdict-to prevent new
trial. The fact that his action can be
appealed is no protection because the
higher courts rule on law and not on
fact; but it is on facts, on new evil
dence, that the new trial is demanded.
The common element in the three
matters l mentioned is Thayer. His
attacks on defense attorneys-at the
trial and in each of his decisions
since-must not be overlooked. Nor
the manner in which his own reputa-
ton would be damaged by new trial
for the two men. believe it essential
for the working class of the whole
world to pay special attention to this
phase-and to call it to the attention
of the governor of Massachusetts.
There is ample ground on which the
governor can take whatever steps are
necessary to remove Thayer from his
judicial office, so that this judge at
least will not continue to be menace
to all workers, particularly foreign
born and those with opinions con-
trary to his, when they came before
him for judgment.