The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1927-05-06

cur counsel would not see what he
was doing"
The district-attorney is also accused
Of misleading the jury in discussing
the evidence pertaining to the cap
found at the scene of the crime. which
the prosecution commended belonged to
Sacco. All this evidence broke down
in the governments case. leaving only
consciousness of guilt"
Conscious of Being Radicals
"The only guilt we were conscious
Of was the guilt of being radicals in
danger of arrest, detention and tor
ture, or death, as had happened to our
friend Salsedo, and other friends at
the hands of Mitchell Palmer's
agents" is the summing up of the
first declaration of innocence.
The Statement then takes up at
length the contention that the trial
was unfair, Certainly unworthy of
the tradition of even-handed justice
which your race and your country pro-
fess to respect"
Continuing, the statement says:
mo argument, no explanation, no
excuse, can ever blot out the facts
that the testimony Of Capt. Proctor,
who believed US innocent, was deliber-
ately perverted by the prosecuting
officer; or that our cross-examination,
and especially the cross-examination
of Sacco, as to radical views, friends,
and publication, was designed to eX-
cite the utmost prejudice and hostil-
ity against us at a time when the
public mind was most abno~mally eX.
cited against such men as we are; or
that it was admitted by the judge on
the false ground stated by the dis
trict-a;torney that he desired TO as
certain whether we were really SIN
cere radicals, or only pretending to
be radicals. Proof has been furnished
and never contradicted that at the
very time when the district-attorney
was offering this reason to justify the
cross-examination, he had received
full information from agents of the
federal department of justice about
our views and associates. and that, we
were or the list Of men 10 he watched
as radicals.
In everything the objections made
by our counsel to this cross-examina-
tion the judge made statements in
the presence of the jury which were
uncalled for by anything that had &C.
Cured. and must have operated to
deepen the prejudice against US. 1t
seems to US little short of mockery
to suggest that the effect of such
occurrences could have been removed
by mere general admonitions to the
jury to treat us fairly.
The Governor is asked to consider
the suppression by the district-at-
.torney of the testimony of important
eye-w;tnesses," and the use by the
prosecution of an interpreter named
Ross. who subsequently was sent to
the house Of correction for attempting
to sell his influence with judges. Ross,
distorted translations to aid the pro-
secution, and also drove Judge Thayer
TO and from Boston in his automobile
during the trial.
"Much has been said in praise OF
the fairness of the Judge who tried
us" says the statement, getting down
to the accusations against Judge
Thayer, "but we have learned to ouI
sorrow that professions of fairness
do not necessarily mean real fairness
and may cover an intention 10 use the
great judicial power to secure a con.
victiCn which Under the folms of law
will stand. We understand that this
power is called discretion, and that
the judge who uses his discretion t.
convict is beyond the reach of any
other tribunal Unless it can be proved
/ that he was corrupt or irrational. We
do net intend to enter here criticism
of your system Of law. We simply
point out what it means to men u
our hated class when brought before
one Of your tribunals.