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


torney's unfair ss-examination Of
both of us, especially Sacco; the re-
fusal to interfere with the methods
employed by the deputy sheriffs to
secure additional jurors; the refusal
'to separate the two cases so that Sac
co might not be injured by associa-
ton with a man who, before the same
Judge and by methods equally repre-
hensible, had been previously convict
ed of another crime of which he was
innocent; the constant suggestions to
the jury of patriotic duty as contrast
ed with our pacifism, cosmopolitanism,
and refusal to be drafted to fight;
the contemptuous manner and tones
of voice shown by the judge to Sacco's
counsel, Mr.. Moore; the repeated de-
eisions of discretionary questions
without the presence of stenograph-
er (to. which our counsel objected) so
that the record would not show all
that occurred"
Samples of Discretion
"These are but few samples of the
discretion exercised by the Judge.
Among the worst is the manner and
substance of his decision on our last
motion, in which he betrays his real
luminosity toward us; makes numerous
statements of fact agreed by the dis
trict attorney himself to be true; con-
fines attention to the confession Of
Madeiros, which was but the starting
point in the proof of our counsel Of
fered that the crime was committed
by the Morelli gang, and passes over
in silence almost all of the so affi-
davits which corroborate Madeiros,
making a finding of fact against us
which, since it could not be shown to
be corrupt or irrational, was final
And yet we are informed that the
leader of the Morellis, robber by
profession, easily obtained his parole,
and now roams the countryside in an
expensive automobile with a private
chauffeur"
The statement then calls the Gov
ernor's attention to the Sibley, Bern
kopf, Benchley, Bethel and Rantoul
affidavits, made public yesterday,
adding that "if all those who know
the facts were brave enough to dis
close them, the number of such affi-
davits could be multiplied Indefinite
ly."
Again discussing consciousness of
guilt" the statement justifies the
carrying of weapons by the two men,
on the ground that they had a right
to protect themselves from the "priv-
ate violence and cruelty of federal
agents"
at is true" the appeal continues,
"that the foreman of our jury in a
discussion of the case with one Of his
friends who believed us innocent, said
before the trial, Damn them, they
ought to hang anyway yet we Won
der if he would have succeeded in
convincing all of the other eleven
jurors to convict us were it not that
we were armed"
Lies Told at BrOcktOn".
The Governor is asked to analyze
the evidence as to the lies told at
Brockton on the night of arrest, and is
assured that these lies had no relation
to the South Braintree crime, but
were designed to shield friends in the
radical movements. Sacco and Van
zetti had been warned, they now as
sert, to clear their homes of radical
literature and were on the point of
doing SO when arrested.
1T was these facts and these fears
that we were compelled to disclose as
the only way of meeting the evidence
of suspicious conduct introduced by
the prosecutor" they say. at was
this that opened the door to our fatal
cross-examination. Our guilt was the
guilt of thinking and not of doing, of
opinions and not of acts. This is the
guilt for which in this free country
our lives are to be taken"
The Plymouth trial is analysed at
some length. One of the witnesses
against him. Vanzetti says, was a
halfblind woman. Other witnesses
changed their testimony between the
preliminary hearing and the trial, all
this constituting IAN aggravation of
the unfairness shown us" The pro-
secution is accused of bringing the
robbery charge to trial first to make
more certain their subsequent convic-
ton for murder.
Express Political Views.
The last six pages of the appeal
are an expression of the political
views held by the two men. They
insist that these go into the record,
even though they excite further pref
udice against them. They criticize
Dist.-Atty. Katzmann for using such
expressions as regular Wops" and
Lowest types of Italians, which to
Americans are Synonymous with and
personification of crime and crimi-
nails" Even the word anarchist
had a sinister meaning to the jury,
and these two are still proud of their