Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-10
Sagldcrsoll Will
Give Ruling
Tomorrow.
FULLER MEETS
WITH ADVISERS
Sacco Refuses to
Sign Petition to
u. 5. Court.
f. the Associated Fress.


bi1itv that the execution of Nicola
Sacco and Bartoomeo Nanzetti
might be postponed from early to-
morrow morning was seen when
Judge Sanderson OF the Supreme
Court announced today that he
would not give his decision until to-
morrow morning on a move by de-
fcnsc counsel He is to decide
whether lie shall permit bill OF ex-
oeptions from his refusal to grant
Writs OF error and habeas corpus to
70 to the full bench OF the Supreme
Court.
Gov. Fuller, a II As, pm, had made
no announcement OF his decision on
petition for a stay of execution.
The execution of the two men has
been set for some time after mid
hight tomorrow morning.
Whether Judge Sanderson's an
houncement presaged a postponement
could not be told definitely in advance
tf Gov. F'uller's making public his de-
Piston whether 10 grant a stay of eX-
tcution.
Announcement Follows Conference.
The judges announcement followed
. conference in chambers with At
lorney General Reading and Arthur
=. Hill chief defense counsel Read
hlg and Hill in a joint statement said
That they had agreed substantially
bn the form Of the bill Of exceptions
and that the bill would be put in
fnal shape this afternoon.
Before the exceptions can come be-
ff "a
tanderson must give his consent.
IL The executive council was at the
statehouse early this afternoon pre-
pared IL hear any communication from
The governor. Any recommendation
ior a stay must be approved by the
.ounci. Gov. Fuller also had called
h the Statehouse all but one Of the
.orner attorneys general of the State
Fho are living, that he might have the
benefit of their advice in the case.
Gov. Fuller's council. which under
HE Massachusetts constitution, must
pass favorably upon any recommends
lion of executive clemency. is COM
posed Of eight members and the lieu
.enant-gOEernor.
The law requires that its advice
Ind consent be obtained" 1t cannot
bet, however, unless the governor sub
aits a favorable recommendation to
h. Should the governor decide
against further respite to the con-
semned men, the council will not be
tailed upon to intervene and, under
recent decision by the Supreme
rourt in the case of the so-called car
BARN slaEers. cannot be compelled to
lake action.
The council itself is an elective body,
It's members with the exception of the
lieutenant governor, being chosen bl-
ennially from eight councillor districts.
Federal Court Move Planned.
After defense attorneys had visited
sacco and Vanzetti in the deathhouse
1t the state prison today one of them,
uusrnanno, announced that if the gov
krnor and council refused respite
habeas corpus proceedings would be
brought i'm the Federal District Court,
sacco angrily refused to sign pc
tition for n ha IDEAS corpus writ, but
kanzetti signed it.
The attorney general and Attorney
Hill went from the courthouse 10 the
Etatehouse shortly after noon.
The attorneys general concluded
their conference with Gov. Fuller al
] o'clock. None Of them had anything
10 say.
Al ITO IN. the members of the
executive council were instructed by
the governors office to go out foi
lunch and to be back between anc
$50 pm.
Sacco Refuses to Sign.
Sacco today refused to sign peti
ton for a writ of habeas corpus which
Alfonso GogIiolo, an attorney as
.ocIated with the Sacco-Nanzeti de
Tense. committee, submitted him at the
s>tate prison. Gagliolo, who Is
Rotary public, was admitted TO th'
3 Geath house.
| Eanzetti signed the petition. Gag
foIo. who had come to the prison VIII
] Michael Musmanno, another IaWye
/ associated with the defense committee
said after coming from the deatf
hai,4a that Sacco had become angr'
phen the nottfion was shown him, hat
bounced the courts and had e4
TANNED. :.
They have crucified me for th'
last seven years. / VIII nave no iho1
h. 3o with them"
Nanzetti, the lawyer sald' ma
seemed pleased at the idea or the pell
t.on and lad signed readily. Gaghob
rlid la had talked with the Two mel
IL jt.iian.
Gives Books TO Lawyer.
After liz had signed the petition
Xanzetei said, + hope that NhaleFe
d. VII benefit Sacco also.
Alto uey Mu@manno, who also SAY
10th prisoners, said that Nanzettl ha
presented him with TWO volumes o
'.Tbe Rise Of American Civilization
which hs has had in his cell. Mus
,.arno refused them on the Gfoun
,rat II he took them it would appea
- though al hope for the two me
lad vanished.
eacc0 also had several books whic
,-a asked Nusmanno to take. Anon
'narn were Enerson's essays and
..n,nn1e by H. 6. Wells.
sTusnlanno intimated the writ whlc
,z-+nzetti signed would lie flied in Fec
~I Court carly this afternoon.
Titn the electric chair at In
rbarlpstown STATE prison, its strap
tneshlv oiled ana its electrode
,-.i~hflv FURNISHED waiting and
s,5f1le line Of guards patroIling tn
'l,tat walls Of tire cheerics3 penitei
,r,. and other officers guarded nearb
s+roets and bridge approaches, Wha
,y be the final hours Of the COZ
d@r1ned men sped ~, unmarked .
continued on Page 3. Column 81