Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-11
Reprieve.

Gov FulIer's action in grant
ing reNrieve to Sacco and Van
zetti is not 10 he regarded as "A
weakening of his belief in their guilt
or his determination that the law
shall take its course in their eXecu-
tion. SO far as his action is concerned.
In his formal ruling adverse to the
appeal of the prisoners counsel for
clemency he severely scored the de-
lays that have occurred in the course
Of the trial and appeals. But in this
present contingency he contributes
to another delay. for a reason that
transcends all other considerations.
AS is customary in such cases
last minute appeals have been made
10 the courts for stay of execution
and for review. That is the rig 1T of
the accused and their legal repre-
sentatiyes. They have asked the
Federal court to intervene, and have
been denied on the ground of lack
of jurisdiction. They have sought
from a justice of the State Supreme
Courts writs of error and he has
denied them. They have asked fur
Their for a bill Of exceptions to that
decision to permit All appeal to the
full bench of the court. Judge San
derson took the application under
Amusement, thus delaying decision
until today.
Had Gov. Fuller not granted re-
prieve TO permit the completion of
the final effort to secure reconsidera-
ton of the case by the State Supreme
Court, in full bench, he would have
been in a position of refusing the
final chance through the law for
these men to secure another hearing.
He would have strengthened the
criticism now being aimed at the
judiciary and the executive Of the
State. He would have intensified the
bitterness felt by supporters of or
sympathizers with Sacco and Van
xetti.
The reprieve granted to the con-
demned men to permit the fullest
possible measure of appeal does not
necessarily increase their chances of
escape from death. The State SUI
preme Court has already passed upon
this case and there is no reason
whatever to expect it to reverse itself
upon a hearing by the full bench of
the motion already denied by Judge
Sanderson for a writ of error.
To the lay mind these are con-
fusing motions in a case already
extremely complicated. But they
reduce to a simple formula after all.
The claim of newly discovered evil
dence may always be made in
capital case as the basis of applica-
ton for a rehearing. The fact that
this so-called new evidence is trif1ing
or inconclusive, which is question
for the courts alone to determine,
does not lessen the right or the duty
OF the legal representatives of ac-
cused men to exhaust every posi-
biiity of succor. 1t is the courts duty
on its side to consider these claims
and to pass upon them in the light
of all that has passed, the full record
of the case, and 1t is the duty of the
States executive to permit the final
exhaustion Of every chance for re-
consideration or retrial.
II Sacco and Vanzetti are to go to
their death upon the expiration of
the present reprieve no harm will
have haen done bY the dolay, On
the contrary, that delay will have
demonstrated that no legal rights
have been denied them. Another re-
prieve, assuming the negative action
OF the State Supreme Court upon the
pending motion. is not to be expected
1t is indeed, in view of all the facts,
improbable.
Adpafrars ara hOueftIl that Lind