Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-07
THAYER TO HEAR
PETITIONS MONDAY
SaCCo-Vanzetti Defense
Plans Three Moves to
Halt Execution.
By the Associated Press.


BOSTON. August 6.-Judge Webster
Thayer, who presided at the Sacco-
Vanzetti trial in 1921, will sit in the
Norfolk County Superior Court at Ded-
ham on Monday afternoon to hear
any motions that may be presented in
connection with the case. Chief Jus.
tice Walter Perley Hall of the Massa-
chusetts Superior Court let this fact
be known tonight at his home in
Fitchburg.
The chief justice communicated by
telephone with Judge Thayer, who is
spending a vacation at Ogunquit, Me-,
after he had received visit this after
noon from the Sacco-Vanzetti counsel.
Moves to stay the execution of
Nicola Sacco and Bartolomeo Vanzetti,
whose respite expires on August 10.
and TO obtain a new trial for them
We're made today by their counsel in
three Massa achusetts courts and before
Gov. Alvin T. Fuller. A motion for a
new trial and a stay of execution was
filed in the Norfolk County Superior
Court at Dedham. petition for stay
was filed at the governors Office, a
petition for a writ OF habeas corpus
was filed in the State Supreme Court
and a request for stay was presented
to justice of the Superior Court in
Boston.
Hearing Set for Monday.
Monday at 10 am. was set as the
time for a hearing on the habeas
corpus petition. Gov. Fuller, who was
at his Summer home in Rye Beach,
\. H., sent word to his secretary. Her
man A. Macdonald. that he would not
act on the petition for stay until
Monday.
Justice Edward T. Broadhurst of
the Superior Court at the Suffolk
County Courthouse in Boston told
Arthur D. Hill, chief counsel for the
defense, that he was without au-
thcrity to act on his request that he
grant a stay of execution and THAI
he name time for a hearing on the
motion for new trial, il possible
before a justice other than Judge
Thayer.
The motion for new trial is based
on three grounds. The first is an
allegation of prejudice on the part
Of Judge Thayer. The second is a
presentation of what is described as
new evidence TO the effect that holes
in a cap identified at the trial as
having belonged to Sacco were made
by the Braintree chief Of police while
he was searching for Identification
marks. The third is an assertion
of additional new evidence bearing
on an allegation that firearms ex'
pert who testified for the State that
the bullet which killed Alexander
Tdo oil nf inf
murder for which the two men were
convicted, was consistent with nav
ing been fired from Sacco's pistol,
had said later that he had positive
| opinion that this bullet was not fired
from Sacco's pistol.
To support these various allegations
affidavits were filed from nine persons
| who were witnesses in the governors S
personal investigation of the case.
Judge Accused of Bias.
| In the first part of their motion for
a new trial defense counsel asserted
| that Judge Thayer was so prejudiced
| against the defendants and their
counsel" from the time of the begin
| ming of the trial until he made his
! last ruling adverse 10 the defendants,
| that the defenda nts have never had
q judicial consideration during the
. trial or afterwards, Of questions in.
! volVing their life and liberty and have
never had such a trial as that 10
which they are entitled under the con-
stitutions Of the commonwealth Of
! Massachusetts and Of the United
| States"
The second part says that Judge
| Thayer in his decision of October
1926. refusing a new trial, referred 10
certai holes in the cap identified as
! Saccos as some of the most impor.
tant evidence" warranting a verdict
of guilty. The motion says that Iere-
! --------s---
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