The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1927-08-20
lcontlnned from FiraL Page.l

SAA0tn AsM&N1
for the. doomed men can, now 60
before an individual justice of the
court, or before State authorities
In Massachusetts,, and argue for a
new respite on the ground that it
would be unfair to electrocute Sacco
and Vanzetti while a motion in
their behalf Is pending in the SUI
preme Court of the United States.
Action To BE Delayed
No action on the writ itself can
be taken before the Supreme Court
reassembIes on October 3 next.
Musmanno's action today took
the form OF application for two
writs, one directed at the Massachu-
sets Supreme Court and the other
the Massachusetts, Superior Court.
After reviewing the State Courts
failure to grant the bill OF excep-
tions yesterday. the petition set
forth the familiar ground that Trial
Judge Webster Thayer was preiu-
diced in handling the case. and that
judgment was entered without due
process of law"
THE Fourteenth Amendment pro-
vidsS that all persons born or nat.
uralized in the United States are
citizens of the nation and Of the
State in which they live" Mus
msnno said.
''It provides that no State shall
make or enforce any law which
shall deny any such person the
privileges or immunities Of citizens
OF the United States.
Refused just Dues"
"Also 1t provides that no State
shall deprive any person of life,
liberty or property without due
process of law.
I'VE shall contend before the
United States Supreme Court that
the courts of Massachusetts have
refused Sacco and Vanzetti their
just dues as American citizens.
Massachusetts has not accorded
these men the due process Of law
and we shall contend that since
Massachusetts, has failed to grant
them Justice. in accordance with
the pledge made in the State con-
stitution and in accordance with
the Constitution of the United
States, the State has lost its rights
in the case"
His most important duty while
here will be to obtain stay of exc
cution, Musmanno said. sacco and
VanZetti have been returned to the
death cells and their present re-
spite is to expire at midnight Mon
day.
After Hidden Evidence
AR.....n..& 80 ...tI1 $1,000 al
torney General John G. Sargent to
open the Department Of Justice
files because of the relation 1t is
claimed they bear to the Sacco-
Vanzetti case.
The Pittsburgh attorney arrived
in Washington at 7:52 q. m. today
on the Federal Express. He eluded
newspaper reporters and photog
raphers at Union Station and went
Immediately to the Hotel Washing
ton.
'eThe newspaper men: stopped all
swarthy and bearded men who left
the train to induire whether they
were Musmanno. he said. 81
slipped through because / wanted
10 be sure TO be on hand when the
Clerk of the Supreme Court opened
his office"
Musmanno, despite his italian
name. speaks without 4 trace Of
foreign accent. He Ii smooth.
shaven with skin inclined toward
fairness. He II not tall but Ii ex-
ceedingly brisk in all his move
nents,
Wears Veterans Emblem
He wears the bronze emblem OF
the Veterans Of Foreign Wars in
his coat lapel.
Experienced court attaches have
expressed belief that any action
comes too late to give the high
court jurisdiction. The law provides
that applications for writs shall be
made within 80 days after final
action In lower courts. More than
this period Of time has elapsed since
the Massachusetts, Supreme Court
handed down its affirmance OF the
conviction. Musmanno, presumably
will argue that the latest denial of
exceptions by the Bay State court
yesterday gives him new starting
point.
Mere filing of the petition. 1t was
pointed out, does not act az q stay.
II q stay Of execution IL obtained,
the writ would be laid formally be.
fore the court when II convenes ON
October .. There would be- little