Evening star., 1927-08-20
Morton Also Refuses Counsel
Permission to Go Before
Federal Circuit Court of
Appeals in Boston.
REPRIEVE AND SANITY
TESTS ARE ONLY HOPES
Governor Asked to Allow Time for
Preparation for Appeal to Su-
preme Court in Capital-Boston
Prepares Against Radical Out
breaks.

By the Associated Press.
BOSTON, August 20.-Arthur d.
Hill, chief counsel for Nicola Sacco
and Bartolomeo Vanzetti, said today
that he had been informed by Elias
Field, associate counsel. that Justice
James NJ. Morton, jr., of the Federal
District Court had refused TO issue
writ of habeas corpus and also had
refused Field permission to appeal
to the United States Circuit Court
of Appeals.
Field visited Justice Morton at his
home, at Westport, yesterday and
applied for the writ, which was
sought in an effort to stay the exc
cution of Sacco and Vanzetti, whose
respite expires at midnight next
Monday.
Hill said that he had written a let
ter to Gov. Fuller and that he ex-
pected to go to Beverly today to see
Justice Oliver Wendell Holmes of the
United States Supreme Court.
ASKS Further respite.
In his letter to the governor. Hill
asked for further respite, 'in order
that the cases may be dealt with by
the Supreme Court Of the United
States.'
Defense counsel regarded 1t as i'm
perative that some stay of sentence
be obtained in order that the 10 copies
required by Federal procedure might
be made of the lengthy record Of the
seven-year-long case. If Judge Nor
ton does not see fit to grant it, 1t was
| indicated that the Circuit Court or
perhaps a Supreme Court justice
would be asked to grant the desired
time.
AS the result of the action of the
Massachusetts Supreme Court yester-
day. observers of the prolonged legal
battle for the lives of the two men
which the State has claimed forfeit
for murder today could see only two
remote chances of relief remaining in
this State.
May Grant New Respite.
Gov. Fuller and his council could
grant a further respite. The gov.
ernor has refused to indicate what
his attitude would be toward a plea
for such action other than to say he
would be at his Office in the State
house on Monday ready to hear any
request that might be made Of him.
The other alternative would be a
plea for examination of the sanity of
the prisoners, such as has been made
last-minute stand by counsel for
other condemned men in the past.
The defense has given no hint that it
would attempt this and no one in au-
thorlty would comment on the posi-
bility of it's success.
Sacco and Vanzetti were removed
to cells in the State prison death
house after the State Supreme Court
rendered it's decision.
With the case growing toward an
other, and perhaps it's final climax,
authorities everywhere doubled their
guard against disorder. Boston po-
lice, 1000 strong, went on 24-hour
duty this morning, every magazine in
the State was kept under close scru.
tiny, while all persons who have been
connected prominently with the Sacco
case were watched over with special
care.
For the first time in the memory of
outspoken Boston, all permits for
meetings on Boston Commons Sunday
Soap Box Row have been Cancelled BY
Mayor Nichols. Powers Hapgood, who
was charged with melting a riot
after speaking without a license I'm
favor of the men on the Common last
Sunday, announced a picket parade
would be held in front of the state
house. The police have twice broken
up similar demonstrations, making
so arrests.
Sister Reaches Boston,
Miss Luigia Vanzetti, sister Of Bar
tolomeo, arrived in Boston today with
the avowed intention of attempting
to lead her brother, a professed athe-
ist, back to the faith Of his childhood,
which is still held by his father and
the rest of the family in their Italian
village home.
The citizens national committee for
Sacco and Vanzetti today sent an
other long telegram to Secretary of
State Frank r. Kellogg. stressing
three requests previously made.
These were for the publication of
files of the Department of Justice al
legged to bear on the Sacco case. the
release to American newspapers of
the review of the case given to Ar.
gentine papers by the American en-
bassy. and for Mr.. Kellogg to recon-
'ItllCI tO 1-ISSluGHL 1OOAQSC IIActI bAC
stay the executions pending presi'
Dental inquiry.
The committee charged that the re-
view given out in Buenos Aires was
written by a Massachusetts official
who assisted in convicting Sacco and
and who later became United
States district attorney here.
Promises to Expedite Case.
The letter which Hill sent to Gov.
Fuller was as follows:
"In the case of Sacco and Vanzettt
have sent to Washington for filing
With the Supreme Court of the United
States writs of certiorari in order to
,ring the cases before that tribunal.
[ have also ordered copies Of the nec-
,ssary records.
"Under these circumstances, l re-
pectfully request that a further res
,ite may be granted these defendants
n order that the cases may be dealt .
With by the Supreme Court Of the
United States. 1 may add that re-
,ret being obliged to make this
urther application for you and pro-
rose taking what steps are possible
Continued on Page 4, Column 81