The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-19


made last Tuesday before four JUS
tices of the supreme court, sitting
as the full bench, and at their con-
clusior defense counsel filed q petit
ton for q writ of error direct with
the full bench. The court had querisd
Arthur D. Hill, chief defense counsel,
as to why this procedure had not
been followed In the first place.
Reading Argues for State
arguments for the state were made
by Attorney General Arthur K. Read
ing. The four justices were Henry
\. braley, who presided in view Of
the illness of Chief Justice Arthur p.
Rugg: Edward II. Pierce. James D.
Carroll and William c. Wait.
These legal steps by counsel for
Nicola Sacco and Bartolomeo VAN
zetti, whose respite from execution
for muder expires at midnight, Aug.
22. were based chiefly on allegations
Of prejudice on the part of Judge
Thayer, who presided at the trial
and whose previous refusal to grant
a new trial was upheld by the Massa-
kchusetts supreme court last April.
The decision upheld the ruling of
Judge Thayer that the motion for q
new trial came too late because sem
tence had been pronounced.
Neither the judge or any Of his
associates had jurisdiction the de-
cision said, ITO entertain the motion
for revocation of sentence"
With regard to the petition for a
writ of error, the decision says:
Petition Rightly Denied
The wording Of the statute is clear
and must be construed as meaning
that the issuance Of writ of error
IN capital case rests in the sound
Judicial discretion Of the single ius-
tice to whom the application is pre-
sented," and that 'the petition was
rightly denied"
The petition for a writ of error
submitted to the full bench was dis
missed because "a writ of error coram
nobis at common law has become
obsolete in view of the express pur-
pose Of the legislature as manifested
by the statute"
This appeared to exhaust all pos
sibilities of action by defense coun-
sci in the Massachusetts, courts ana
they announced they will apply TO
the United States supreme court for
write of certiorari.
This writ would bring the whole
record of the Sacco-Vanxetti case be-
fore the highest court for review.
They also announced they would ap-
ply to Chief Justice Hall Of the su-
perior court for stay Of execution.
Developments Reviewed
The action before Judge Thaver
and Justice Sanderson was brouehf
by defense counsel after Governor
| Fuller had announced on August s
his refusal to extend executive
| clemency to Sacco and Venxetti. This
| refusal was followed a few days lat.
| er by publication Of the report msle
to the governor by his special advf-
sorry committee which had made a
independent investigation Of the ease
and reached the conclusion that the
two men had been given . fair trial
Defense counsel also petttioned
| Justice Oliver Wendell Holmes Of the
| United States supreme court at 81,
home in Beverly for Z writ OF kt-
beas corpus. This petition was de-
! MED.
At the same time Governor ruilsr
was asked for . stay Of exeeutiOn
He had previously granted reGpite
from the week Of July 10, when tie
1 men had been sentenced 10 die, @
and including August 10. Lats 4
the evening Of August 10. after the
governor snd his counsel had bean q
session. il Was announced that furth.
Or respite had bssn granted to mid.
night, August g.
COUNSEL TO TAKE CASE
TO u. 3. SUPREME COUNT
Boston, Ang. ~ fol
Sacco and vansetti annonnced ..
| day that they will apply a III
United States soQke1ne eoNIe ~ s.
writ ef certiotart n behalf q ~
| points ipyelvine thS ~ peoae1S'
i clause - the Unlte1 61otea eeGnk3eE
i tion. thaY said, - -
j Arth1r .. Hil1 6htoe N lQ
I lceuueel, na1e to sAnAoQ unl ~ & Sess iss
T1h Aeftlff11 tc II -
/ ~ IN e}i 1v@s lllI %