Imperial Valley press., 1927-08-20
COUNSEL
: IN final
APPEA[
Desperate Eleventh Hour
Attempt Taken to Save
Condemned Men.
ALLEGE PREJUDICE
Petitions for Writs of
CertiOrari Filed AT
Washington.

WASHINGTON, Aug. e0.-Eicola
Saceo and Bartolomeo |an2ettI to.
day played what may be their last
cards in thelr game of life and
death.
Their attorney, Michael Angelo
Musmanno. declaring himself ICON
tidcnt, hopeful on the basis of JUS
t.ec in this case lodged two pcti
iahs for writ OF certiorari with the
United States supreme court.
The lodging of the petitions
here followed a ruling by Assistant
.<sleik of the Court, Harold Wiley,
that actual filing Of the petitions
could not be accomplished without
full record of the famous murder
trial which Musmanno had not
brought with him.
These petitions stressed the de.
fense contention that Justice Web
ster Thayrr of Massachusetts, pre-
siding Justice IN the Sacco-Nanzetti
murder trial, was "preiudiced' = and
hat has state of mind had robbed
he condemned meu Of "due proc
AAc of law" as guaranteed by the
4th amendment to the United
States constitution.
The proceedings in the Norfolk
ounty (MassD superior court lead
Lne to sentence of death were
||bluntly called "a naked form of
law ana not In truth and fact, due
process of law within the meaning
I the l4th amendment.
The two wrts filed this afternoon
Soon after the court opened We're
addressed to the Massachusetts, sup
rene and superior cOrts through the
pited states supreme court.
Their real founation was the con,
.hsprivcd Of due process of law
t,lrough Judge Thayer's allege /
lre iudlce.
They were to be followed by a
secret m0vc-an another of the last
r.inute desperate steps OF the de
tensc to free Sacco and Eanzctti
from olectrocution, scheduled now
for the night Of Monday, next,
With the petition filed, Musmanho
communicated with his chief. Al
tornev Arthur u. Ill., in Boston,
| Ifur further Instructions.
Musmanno was hopeful that the
n final step having been accomplished
here, If justice Hall of the Mass
Iathusetts superior court would grant
Utys requested stay of execution.
|. his STAY would enable the supreme
court Of the nation to act on the
|wFits.
The justices of the highest tri-
Sodual are scattered On vacations,
pnd unless there IS a stay Of exc
tuition from Hall or another source.
the supreme court cannot act before
October al the earliest. Meantime
the sentence would be fulfilled in
|Cho r!cstown, Mass, Prison.
For a time it appeared as though
the eleventh hour move might be
thwarted. The court, however, per
rnitted the lodging of the petitions
upon Musmanno S promise to for
lYWrd Immediately the requisite rec
wa of the case as required by court
procedure.
| The writ petitions, however, are
not in full effect until these records
hrriyc; that is, the matter is not of
Ificially docketed with the UnitsC
States supreme court.
| MusmaAno announced he was com
Imunicating with Chief Hill of de
Ifense counsel in Boston who il seek
kng STAY Of execution ON the bas
lis of today's move here.
| The court clerk g office will take
InSNaction in the case until the rec
lqi is filed. 1t appears. impossible
is can be done before Monday
Efarold Wiley assistant clerk o.
1.-THE court, after his conference with
IMusmanno, said; ..-.
"The petitions are merely lodget
land are not on the docket. The next
thing for Musmanno to do il to gel
certified copies of the record. II
and when these copies are filed II
correct form, the petitions will bt
placed on the docket. There is nj
sc ,i6n TO be taken until the record
- filed"