Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-11
Full Bench to
Hear Appeal
Tuesday.
FULLER GRANTS
12-DAY STAY
Reprieve Rushed to
Prison as Death
March Nears.
BY the Associated Press.

BY the Associated Press.
BOSTON, August ll.-Iudge San.
derSon OF the Massachusetts, Su.
preme Court today announced that
he would allow exceptions to go be-
fore the full bench on his denial OF
writ of error in the case of Nicola
Sacco and Bartolomeo Vanzetti
granted a respite of II days by Gov
Fuller late last night.
The announcement came after q
conference of more than two hours
IN chambers with Arthur d. Hill
defense counsel, and Attorney Gen
eral Arthur X. Reading. A bill OF
exceptions was finally agreed upon
and after this had been formally
worked up and approved, Judge
Sandcrson indicated that he would
allow it.
Sanderson Signs Bill.
This afternoon Judge Sanderson
ilgned the bill OF exceptions and at
tached this memorandum:
''These exceptions l allow so far as
| have power to do so.''
Immediately afterward Attorney
General Reading got in touch with
Judge Braley, who is at Edgartown,
with reference to calling the session
bf the full bench. 1t is understood
that the court at that time will con.
slider both the exceptions to Judge
Sanderson's action and those filed in
the Norfolk Superior Court today to
Judge Thayer's denials Of motions
Later the time of meeting for the
full court was definitely fixed for
l:30 Tuesday morning.
IT was said at the courthouse that
the full bench should sustain the
exceptions to Judge Sanderson's
seniai of motion for a writ, of
trror the case then would go pack to
Judge Sanderson for hearing On the
Serits. So far Judge Sanderson has
teard only offers of proof in support
f the motion
New Trial Is Issue.
After the hearing on merits. if ap.
proved, the case would again come
before the full bench. which might
trder one of several things, the most
probable being either that Judge Web.
tier Thayer, trial justice, was not in
srror and that conviction and SEN
.ence must stand. or that he was in
b"ror and new trial should b. had
Chief Justice Arthur P. Rugg of
Worcester is iii in a hospital and
Justice Henry X. Braley of Boston
will serve as acting chief justice.
Justice Crosby of Pittsfield is in
Europe and Justice Sanderson, fol-
owing the custom of the court, also
will be absent.
Those who will sit on the case. in
addition to Justice Braley, are JUS
rces Edward P. Pierce of Brookline,
lanes Bernard Carroll of Springfield
Ind William c. Wait of Medford.
DIR. Mclaughlin, the prison phy'
tcian. after his daily visit to Sacco,
Eanzetti and Celestine Madeiros, auto
hatically reprieved with the two rad
tals. said that each appeared in much
better spirits today.
Sacco Refuses to Eat.
Sacco, he said. expressed the hope
hat he would be strong enough TO
kalk una ssisted to the Cherry Hill
tAction of the prison if they were
transferred from the death house, as
lppeared probable. later in the day
You ought to eat the physician
Lold him.
NO" Sacco replied. that's my
a
Sacco is now in the twenty-fifth DAY
N his hunger strike and refused 1000
TO-DAY. although Vanzetti drank ms
Breakfast coffee.
Mrs. Rose Sacco was again
tisifor at the prison today, apparently
recovered from her reported coilapse
sf Yesterday. She not only saw hel
busba nd and NanZetti, but spent
lew minutes with Madeiros.
Last Respite, Councillor Says.
Tho belief that august % will
h,ark the close of the Sacco-NanzettI
&c was expressed today by Eugene
h Fraser of Lynn, a member OF tht
.rovernor's council. Explaining ina
the council had approved Gov Fuller
recommendation for further respil'
i~rause "we felt there was mora
,rrier. although no legal one, TO tht
.vecution" because action was pend
Ing in the courts. he added;
II believe tha: the council woulc
Re inclined not 10 extend the respite
kgain."
NJ Judge Webster Thayer TO grant &
new trial, A revocation of sentence
md STAY of execution before tht
State S1Dreme Court We're taken to
80 Michael A. Musma nno of de
Tanse counsel filed in the Norfolk
Euperior Court AT Dedham exceptions
10 Judge Thayer's rulings.
Ready for Death March.
Fifteen minutes before their marcl
fo the death chair was 10 have start
,G. the warden at Charlestown prison
brought Sacco and Vanzetti word tha
Gov. Fuller and his council had an
nounced respite until and including
August -.
The delay was ordered to permit tn
ruling on writ Of error by Justic
Sanderson.
A third respite, signed with IN
nthers less than an hour before tn
current would have been switched o.
for the first of triple execution
STAYED for the same 12-day period tn
death of Madeiros, convicted of al
other murder and selfidentified wit
the case of the other two.
The dramatic announcement fror
fhe Statehouse climaXed da.
charged with increasing tension.
II came after Gov. Fuller, who ono
before had respited the condemne
men and who only last Wednesda
had turned down nlee for clemenc
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