The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-08-22
SACCO'S LAST
HOPE BLASTED
BY JUSTICES
Only Governor Fuller Stands
Between Radicals and
Chair Now.
U. s. APPEAL FUTILE
ElectroCution Scheduled for
Three Minutes Past
Midnight.
U. 5. APPEAL FUTILE
BY HENRY MINoTT
United Press staff Correspondent


BOSTON, Aug. 22.-Only a man
who believes they are guilty and
should die now stands between Nj
cola Sacco and Bartolomeo van
zetti and the electric chair.
Unless Governor Fuller grants
them a third respite, the condemned
anarchists will meet their doom
three minutes past midnight tonight
IN Charlestown State prison.
A 200-mile race to Rockland, Me.
and a thirty-f1ve mile boat dash
through fog-bound waters, won for
Chief Defense Counsel Arthur d
Bill only the refusal of Justice Har-
Ian F. Stone of the United States
Supreme Court to intervene.
Shortly before, word had come
from Point Au Pic, Quebec, that
Chief Justice William Howard Taft
would not cross the American border
so he might have Jurisdiction to con-
slider a similar petition.
Justices Oliver Wendell Holmes
and Louis D. Brandeis already had
denied petitions to stay sentence.
Filing Means Nothing
The case that has arrested world
wide interest during its seven wears
before the courts had been for
nally filed with the nations
supreme tribunal today. tlt without
a stay of sentence this action meant
nothing.
Faced with defeat on every hand
the defense decided to go back to
the State courts whose doors had
been closed. 1t was believed. bv the
adverse decision of the full bench
OF the Massachusetts Supreme
Court.
Elias Field Of the defense legal
staff held hurried conference with
Judge James H. Sisk of the Mas
sachusetts Superior Court. He be-
lieved, he said, that Sisk had the
authority to grant stay of sem
tence.
But when Field left the court
house he was downcast and
obviously disheartcned. He said they
had discussed the case, but no &C..
ton had resulted.
Sensation Planned
"A new and sensational last-min-
ute move was being considered by
defense attorneys just before mid
afternoon.
Ray M. Wiley Of Springfield, as
sociate counsel for Gerald Chapman
in the bandits unsuccessful fight to
escape the gallows, was called into
conference with defense counsel.
In the Chapman case a flve-day
stay was obtained by getting an in
junction against the prison warden.
Similar action. it was understood,
might be taken in the Sacco- Van
zetti case.
II this were done, the defense ar
guments would be based on the al
legged unconstitutionality Of a law
That prevents the State Supreme
Court from reviewing the facts OF
case or any other pending litiga-
ton in a court other than a State
court.
What was interpreted as an indi-
cation that Governor Fuller did not
plan tolintervene was an announce
ment this afternoon by William l..
Reed, secretary of the executive
council, that the council had not
been called for a special session.
Governor Fuller could not grant
another respite without the coun-
cil's approval If the Governor de-
nies the petition, no council action
is necessary.
Cite Two Arguments
The defense has two arguments
as the basis of their appeal to the
Governor.
One is that an appeal TO- the
United States Supreme Court Is
filed in Washington and that the
men should be reprieved until the
court can act on it. The refusal of
the justices of that body to inter-
fere, however, minimizes the force
of that argument.
The other argument is that the
Department of Justice in Washing
ton has agreed to open it's files on
the Sacco-Vanzetti case If the Gov
ernor or his advisers ask It. The
plea is that Sacco and Vanzetti
were the victims Of the "Red hys-
teria" of 1920 and the department
files will tend to show they ware
prosecuted more for their political
beliefs than for the double murder
they swore they did not commit.
The Governor and his advisers
have ruled repeatedly, however, that
the men were given an unbiased
trial and it is considered impossible
they will ask for the Federal rec
ords
Prisoners Prepared
Sacco and vanzetti are prepared
to die. They have expressed the
conviction, with increasing fire.
quency Of late, that they. are
doomed
Ic will be triple execution.
Celestino Madeiros, a Portuguese
sentenced for murder, will go to the
chair first. He has been linked
with the Sacco- -vanzetti case by his
"confession7 that he committed the
mruders' foE which they ara tuSdls.