The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1927-09-01
Sacco, Yanzetti and the Law

Editor NOte.-Ihe following are
excerpts from a talk delivered in
the Aldermanic Chamber of the
City Hall last Saturday by Allan
Taub, a New York lawyer who
made a detailed study of the legal
aspects of the SaccO-V anzetti case.
Some of the more glaring discre-
pancies in the evidence presented
against the two murdered workers
were cited by the speaker.
Taub's lecture was given under
the auspices of the Library Free
Lecture Association of which
Joseph P Carney is president. Just
before the lecture was to begin
Capt. Donnelly of the New York
police department arrived and an
nOunced that it would have to be
called off. Carney, however, in
sisted on the right Of his Organi-
cation to proceed with the meeting,
and Donelly finally withdrew his
objection.
There's a whole lot in the SaccO-
Vanzetti case that ought to be
cleared up" Carney explained.
The DAILY WORKER does not
agree with Mr.. Taub's statement
that a situation similar to the
Sacco-Eanzetti frame-up could not
succeed in New York City, nor does
it share the speakers optimism
about the possibility Cor impor-
tance) Of drastic reform in the
judicial code Of Massachusetts," but
is glad TO print the following be-
cause of the significance of the
facts presented.
Drastic reform in the judicial code
of the State of Massachusetts must
follow that States disposal of the
Sacco-Vanzett case.
The pressure of outraged public
opinion must force an immediate
change in the procedure which per-
mits a judge to act as both judge and
Jury in cases where human lives are
at stake.
During seven long years, the Sacco-
Vanzetti case never left Judge Thay-
er's hands. The Supreme Court Of
Massachusetts which heard the ap-
peal is limited in power. It can only
consider questions of law and may
not pass upon questions of fact. AnC
facts may have saved the lives Of
these two men, internationally be,
lieved innocent.
This Puritanical despotism would
have been impossible in the State Of
New York. Had the trial taken place
in New York, the seven judges of the
Court of Appeals in Albany, would
have gone into all questions Of both
law and fact.
Only Single Judge.
AS it is the Massachusetts case
leaves one with something of a sick
feeling when one realizes that one
Judge held on to the case from tria
to execution, 1920 to 1927.
Governor -Fuller's Advisory Com.
nlittee said in its report:
Judge Thayer ought not to have
talked about the case off the bench
and doing so was a grave breach Of
judicial decorum."
If this had been a iuryman instead
of a Judge d mistrial would have
been declared and new trial granted
to SaccO and Fanzetti. In this case
Judge Thayer did take the part Of &
jury and did make remarks outside
the court room, and new trial die
not result.
During the seven years that
Massachusetts played with the lives
of these two men, Judge Thayer sal
as sole arbiter Of eight different mo
tons. At most Of these new evidence
was presented ON which he had tC
pass virtually as a jury. This judge
who, outside the court room, had un.
doubtedly made prejudicial state
ments, was called upon to pass Oh
motions for a new trial, and to decide
whether or not he had acted with
prejudice. Continuing Taub said;
What Crime?
Were Sacco and Vanzetti on tria
for murder or radicalism? When the
States Identification witnesses proved
to be weak, the prosecutor shifted his
attack from Identification" to ICON.
seriousness Of guilt" 1t was at this
point that the counsel for the defense
realized that they would have to &c
through with the whole question Of
radicalism. For Sacco and Vanzett
were conscious not Of murder but Of
their radicalism.
A Few Facts.
A few facts will explain how seri
GUS this was at the time
The murder was committed Apri
Is, 1920. Bear the date in mind
April Is, The men were arrested OF
May 5th, so that fully twenty day;
had elapsed between the crime and the
arrest. Did Sacco and Vanzetti act
suspiciously during that twenty day
period? No. They carried on with
their usual pursuits and followed theil
same general conduct.