New Britain herald., 1927-08-08
Counsel Says Judge Wa. Prejudiced and Often Turned to Jury Box With ''Contemp- tuous Sneer"- Fuller Gives No Hint of Deci- sion.
Heavily Guarded, Judge Webster Thayer, Who Read Death Sentence, Arrives in Dedham to Hear Arguments on Pe- tition for New Trial = Early Decision Likely.

Boston, Aug. 8 Rl-Justice San. derson of the state supreme court today denied petitions by counsel for Nicola Sacco and Bartolomeo van- zettl for a writ of habeas corpus and stay of execution. HA also denied petition for writ of error. Justice Sanderson said that after giving the arguments all considera- tion he must deny the application for writ of error.
 This court" he continued. "has no authority 10 grant a stay of sen- tence.
 The questions included in tho petition for a writ of habeas' corpus are not proper to an action for a writ of habeas coryus and are therefore dismissed"
 Two Hour Argument Arthur D. Hill, chief defense counsel, argued for nearly two hours and Attorney General Arthur K. Reading replied briefly. The only witness was William c. Thompson. former chief defense counsel, other offers of proof being submitted by Hill in affidavits. Hill asserted that Sacco and Van. zetti never had been given a fair trial. He charged that Judge Web. ster Thayer of the superior court, who presided at their trial and re- fused them new trial, had shown prejudice either consciously or un- consciously" He admitted that the | petition for a new trial upon which he was to appear before Judge Thayer at Dedham this afternoon had not been filed within the time limit required by the statutes but said that he would argue at that time that the superior court had a right to act upon it.
 Thompson testified that before he was officially connected with the case and when he was simply "a ] friendly observer" he had sat in the Dedham court for three and | half hours during the examination of jurors for the trial of Sacco and Vanzetti. At that time Fred Moore was chief defense counsel. Accuses Judge Thayer
 At each objection by Attorney Moore" Thompson said, Judge Thayer stared at Moore as though he was an object of curiosity and then turning to the jury box with what can only call contemptuous sheer. he would say, objection over- ruled"
 Attorney General Reading called attention to the fact that this case had been pending for seven years.
 While I do not charge that MT. Hill has been dilatory," he contin- ued, these defendants have been dilatory. These defendants have not at any stage been deprived of any rights. There now enters the ques- ton of the rights of the people of this commonwealth.
 This writ of error. have come to the conclusion. has been brought as the last step the defendants can take in the courts of the state and for the purpose of removing the case from the jurisdiction of tho state courts into that of the federal courts.
 This commonwealth has the well fare of every person within it's bor- ders equally at heart. These de- fendants have had good counsel and oh no spected."
 Before leaving the courtroom At torney Hill filed an additional affida- vit which he said he would also file at Dedham later in the day. He said it was signed by Candido Dibont but declined to say to what it related. Hearing This Afternoon The hearing before Judge Thayer at Dedham was set for two o'clock this afternoon. No word came from Governor Alvan T. Fuller during the forenoon as to when he would give his decision on the petition sent him by defense counsel for stay of exc cution.
 Counsel for Sacco and Vanzetti pinned their entire hope today upon three separate steps to obtain respite from death for the two con- victed radicals, found guilty of a double murder. If any one of the steps succeeds. there probably will be no execution at the Charlestown state prison Thursday morning. but, if all fail. the doomed men will be bit nearer the electric chair and one of their precious three remaining dayn of life will have expired fruitlessiy.