Evening star., 1926-10-24
SACCO-VANzETTl
APPEAL IS DENIED
Massachusetts Court Holds
Convict's Story of Seeing
Murders Is Untrue.

DEDHAM. Mass, October ?3.-
Nicolai Sacce and Bartolomeo Van
zetti. convicted murderers, whose six
year battle for life has aroused inter-
national interest. today were denied a
new trial by Judge Webster Thayer
Of the Massachusetts Superior Court
Judge Thayer's findings were filed in
Norfolk Superior Court here.
The motion for new trial, the
latest in a series Of defense moves,
which had kept the case before the
courts since 1920, was based on a
statement by Celestino Madeiros OF
Seekonk, condemned murderer.
Madeiros said that he had been pres
ent when a shoe factory paymaster
and guard were killed in hold-up In
South Braintree-the crime for which
Sacco and VanZetti were convicted
and that neither of the defendants
had part in It,
Story Is Held False.
In his finding Judge Thayer said, in
part:
1T is not now question of the
suilt or innocence Of these defend
ants. for that question has been de-
termined by the jury in accordance
with the law The court has nothing
To do. under the law, with the de-
termination of the guilt or innocence
of these defendants, for that rests
within the sole province of the jury.
AS far as this court is concerned. the
only qrlestion involved Is whether or
not the verdicts Of the jury that have
been affirmed by the supreme judicial
court of this commonwealth should
he set aside on the confession of
Madeiros.
"In other words. this court must
find that the defendants have estab.
lished. by fair preponderance of
this evidence. the truthfulness of the
Madeiros confession. But this court,
If its natural feelings of humanity
find as a fact that Madeiros told the
truth. This being so. its duty is un-
mistakably plain. Therefore. this
court, exercising every authority
vested in 1t by the law of this com
monwealth, in the granting of mo-
tions for new trials on newly discOv-
cred evidence, denies these motions
for new trials that are based upon
the confession of Madeiros and all
other affidavits filed In connection
Herewith
Other Appeals Denied.
Sacco and Vanzetti were convicted
Of the murder of Alesandro Berardelli
and Frederick A. Parmenter. guard
and paymaster for a South Braintree
shoe company, who were shot down
by the bandits on April 10, 1920. A
pay roll of more than $4,000 was
captured by the slayers. The jury
returned it's verdict of guilty on July
IA, 1921, after trial lasting seven
weeks.
After lengthy hearings on motions
for new trial which were dismissed,
the defendants took exceptions to the
Supreme Court, but these were dis
missed. One Of the grounds of the
appeal was the allegation that the
and VanZetti were admittedly radicals.
Early this year another move for new
trial was made, based on the MadeirOs
confession.
In reviewing the Madeiros evidence,
Judge Thayer described the man as
"a crook, q thief, q robber, a liar,
rum runner, a 'bouncer' in a house
Of Ill fame, a smuggler and man
who has been convicted and sentenced
to death for murder" He found in
the story Of the witness evidence that
the StAtementS were untrue.
The Judge took UP charges OF the
defense that United States Depart
ment Of Justice agents, unable to
have Sacco and Vanzetti deported as
anarchists. assisted State authorities
in bringing about their conviction Ito
get them out Of the way"
The conclusion Of the court is."
the finding said. that the affidavits
Of Letherman and Weyand two for
mer Department of Justice agents)
would not warrant 1t in finding
fraudulent conspiracy between the
Government Of the United States and
the State Of Massachusetts. As bear
ing on this conclusion. Chief Stewart
Of the Bridgewater Police Depart
ment. who had full charge of the
preparation of these cases for trial.
affirms in his affidavits that the
agents had nothing whatever to do
with the preparation of the cases for
trial. as far as he knows, and 1t would
seem II this great conspiracy was
going on he would be likely to know
OF II while he was actively engaged in
the procuring of evidence against
Sacco and VanZetti and In the prepa.
ration Of their trial