Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-12
SACCO, ON 27TH DAY
Of FAST, WALKS IN
NEW CELL UNA|DED
Warden Denies Prisoner Has
CoIIapsed-ForcibIe Feed
ing Not Considered.
BOTH RADICALS CHEERED
AT HOPE OF NEW TRIAL
Full Supreme Court Bench Called
to Meet Tuesday on Appeals
Granted by Two Judges.

BY the Associated Press.
BOSTON, August 1H.-Warden Will
liam Hendry Of the State prison took
occasion today TO say emphatically
that Nicola Sacco, who started the
twenty seventh day of his hunger
strike by refusing his breakfast, was
not i'm state of collapse. 1t was eX-
nlained at the prison that so long as
Sacco was able to walk the prison
physician, DIR. Joseph Mclaughlin.
would not consider attempting forcible
feeding.
Bartolomeo Vanzetti, who with
Sacco is awaiting the outcome OF the
last legal moves by their counsel to
prevent their execution, now set Tor
the early morning of August %, broke
his intermittent fast after he received
word of his latest respite. Under the
physicians advice he is gradually
working back toward a normal diet
and this morning he had some beer
tea and bread with his coffee.
Goes Unaided to New Cell.
"Sacco is not in a state of collapse
said Warden Hendry. HE did not
collapse yesterday at any time. he
walked alone from the death house to
the prison proper and UP the stairs to
the second tier of cells in the Cherry
Hill section. When he arrived he sat
down on his cot.
Later he walked from the cell to
the barber shop, where he had con-
ference with one of his counsel. he
walked back to the cell unassisted by
any official and he did not collapse
afterward."
DR., Mclaughlin on his morning
visit found Vanzetti asleep and Sacco
writing. Sacco rose and came TO tne
door of the cell, where he remained
in conversation with the physician
for 5 minutes. He said Sacco stood
without apparent effort.
Asked about the possibility OF forcl.
BILE feeding, he said: Il can't tel:
am watching him from day to DAY.
Forcibie feeding is not under conslo'
Grafton at present.
Death House Gloom Lifted.
The gloom of the death house had
lifted its pan to some degree from
Sacco and Vanzetti today, although
one-twelfth Of their stay from execu-
ton already had expired.
The men were distinctly more cheer.
ful as word came that their counSei
had passed the last legal barrier 10
nresentation of their contentious Tor
new trial to the State supreme
Court. ,a;o.os
~.ho because of his identification with
the case also was respited, the Two
radicals had been removed to freshly
prepared cells in a part OF the prison
remote from the death house, where
"wednesday night they waited untll
harely Is minutes before the scneu-
uIed execution in ignorance tnat
stay had been granted.
The full bench Of the Supreme
Court, or as much of 1T as avaliapie,
has been summoned to meet next
Tuesday morning TO hear arguments
bv defense counsel on the last two
lines of legal recourse left open to
them in the State courts.
Two Judges Allow Appeals.
The way to both of these was paved
Yesterday when Judge Webster
Thayer, Superior Court judge, who
presided at the original trial, and
Justice George A. Sanderson of the
Supreme Court, consented to al
low appeals from previous adverse
rulings.
In Judge mayer case, lHe JuIlSl
signed the defense bill of exceptions
to his rulings of lack of jurisdiction
on motions for new trial, as well
as to denials of stay of execution
and revocation of execution, based
largely on aff1davits alleging prejudice
on his own part during the celebrated
trial.
Judge Thayer's refusal to withdraw
from the case in favor of another
Judge was also made a point for de-
termination by the Supreme Court.
Previously Justice Sanderson had
granted the defense petition for excep-
tions to his refusal of a writ of error
in favor of the condemned men, and
thus had removed the last stumbling
block to the defense battle for that
step.
Twenty-Seventh Day of Fast.
Heretofore the Supreme Court has
passed solely on points of law, but
should the full bench decide to allow
the writ of error it would go back tC
single justice for hearing on the
merits.
Sacco, continuing his long hunger
strike, entered his twenty-seventh day
without food, but Vanzetti yesterday
twice drank coffee.
Tension was considerably relaxed al
the prison and in the city, although
police vigilance had not been de
creased. In the 24-hour period ending
Yesterday morning at 705 o'clock not
criminal incident was recorded al