Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-19
Counsel for Condemned Men
Seek Stay of Execution Set
for Tuesday as They Pre-
pare for Final Showdown.
FEDERAL SUPREME COURT.
INTERVENTION Is GOAL
Attorney for Vanzetti Claims His
Client Is Now Insane-Defense
Committee Prepares Call for
General Strike if Final Legal
Measures Prove Failure.
By the Associated. Press.

Oy tH6 ASSOClSte0 EFeSs.
BOSTON, August 1o.-The Massa-
chusetts Supreme Court today re-
fused to interfere in the case of
Nicola Sacco and Bartolomeo Van
zetti, and counsel for the two men,
now sentenced to be executed in
Charlestown Prison next week,
launched upon a new move to bring
the case before the United States
Supreme Court.
Arthur d. Hill, chief of defense
counsel, announced his intention of
filing application for writ of certio-
rari at Washington and at the same
time set out to see Chief Justice Hall
of the Massachusetts Superior Court
to ask stay of execution to permit
printing of the record for submission
to the highest Federal court.
Exceptions OverruIed.
Mr.. Hill started for Fitchburg, the
home OF Chief Justice Hall. A few
minutes later it was discovered that
Justice Hail was in Boston. Efforts
to locate Mr.. Hill failed.
After Attorney Hill had failed to
find Chief Justice Hall at his home In
Fitchburg, he got in touch with him
by telephone and arranged to see him
in Boston later in the day. Hill tele-
phoned to Attorney Musmanno, who
was in Hills Office here, to proceed at
once to Washington to file the petition
for a writ of certiorari with the clerk
OF the United States Supreme Court
Musmanno said that he would leave
for Washington on the Federal express
tonight. He said he would be pre-
pared also to present a petition for q
stay of execution to some Supreme
Court justice in Washington, although
he was not certain that he would do
this.
The Massachusetts court, In its de-
cision, written by Justice Henry K.
Braley, overruled exceptions of de.
tense counsel to refusal of Judge Web
ster Thayer to grant revocation Of
sentence, stay Of execution and a new
trial and to the refusal of Justice San.
derson of the Supreme Court to grant
a writ of error. The court also de-
MED petition for writ Of error.
Sacco and VanZetti were informed
shortly before noon today Of the de-
cision of the Massachusetts, Supreme
Court refusing their latest appeals.
The word was taken to them In their
cells in the Charleston State Prison
by Michael A. Musmanno Of defense
counsel.
A statement that Vanzetti had be.
come insane was made by Attorney
Musmanno to Warden William Hen
dry Of the state prison after he had
visited Vanzetti in his cell.
Sacco Takes News Calmly.
Upon leaving Vanzetti, attorney
Musmanno called newspapermen into
Warden Hendrys office and with the
warden present, said:
''Vanzetti took the news very badly.
He kept shouting I knew 1t. knew
it. Get the million men. Get the
million men, Who is making all
that noise
''Vanzetti looks very badly" Mus.
manno continued. His mind Is In an
IN his cell so that he can tell his story
to the world"
Musmanno said that Sacco took the
news calmly. The attorney added:
"Sacco took the news quietly. He
was eating when I got there. When
he saw me he stopped. I told him
that / was sorry to have to tell him
the bad news about the court decision.
Well. we expected 1t. I want to
write letter to my boy
'Sacco pushed away his food and
got up and walked around. He asked
me to come back to see him again"
Taken to Death House.
Shortly after Musmanno's visit
Sacco, Vanzetti and Celestino Madei.
ros, under sentence to die at the same
time for another murder, were re-
moved to the death house. They
showed no outward appearance Of
physical or mental trouble as they
walked with guards through the cor.
ridor.
The Sacco-VanZetti defense commit.
tee today called a world general
strike" next Monday in protest against
he executions If all legal means fail
% save the men from the electric
chair.
Shortly after the decision Of the
state Supreme Court was made public
attorneys for the condemned men an
bounced that they will appeal TO the
United States Supreme Court rup the
writ of certiorari. 1t will be based on
,lause of the United States Constitu.
ion, they said.
Prepare for Appeal.
Arthur D. Hill, chief of defense
made the announcement.
Ten certified copies of the record In
he Sacco-VanZetti case have been
,rdered from the clerk OF the Norfolk
superior Court. as required by the
practice of the United States Supreme
court, he said.
I'VE propose to go today to see
thief Justice Hall OF the Superior
COURT" he added. ''and state to him
hat we are about to file q petition
or a writ of certiorari with the Su.
'reme Court of the United States
'ased on the Federal question re.
ating to violation of the due process
lause Of the Constitution Of the
United States.
1--WE shall then ask Chief Justice
Iall to grant a stay of sentence until
he record can be printed. in accord.
nee with the rules of the Supreme
'ourt of the United States.
I'VE believe that Chief Justice Hall
Continued on Page 5. Column "a