The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-08-11
Full Bench of State Court
viii Hear Arguments
on New Plea.
12-DAY REPRIEvE GIVEN
Counsel to Continue Fight;
Rulings of Thayer Un-
der Fire.
BY HENRY MINOTT

United Press Staf Correspondent
BOSTON, Aug. 1l.-Attorneys for
Nicola Sacco and Bartolomeo Van
zetti won another skirmish in their
amazing eleventh-hour legal CAM
paign today, when Justice George
A. Sanderson Of Massachusetts, Su-
preme Court allowed an appeal to
the full bench of the court from his
denial of a writ of error.
Announcement that Justice San
derson had agreed to sign the bill
of exceptions came from Arthur X.
Reading, after a lobby conference
attended by the justice. the attorney
general and Arthur d. Hill and
Elias Field of defense counsel.
After Governor Alvan T. Fuller's
midnight decision to grant Sacco
and Vanzetti a twelve-day respite
to and including Aug. 22-it was an
nounced that the justices of the
State Supreme Court had been
called to Boston for a special session
Monday.
The Supreme Court already twice
has ruled adversely in the Sacco-
Vanzetti case, and until last nights
surprising developments it was be-
lieved the full bench had passed on
the world-famous case for the last
time.
Attack Thayer Rulings
While Hill and Field were carry
ing on at the Supreme Court, an
other member Of the defense coun-
sci, Michael Angelo Musmanno Of
Pittsburgh. filed with the clerk Of
the Norfolk Superior Court at Ded-
ham bill Of exceptions to the re-
cent adverse rulings of J. G.. Web
ster Thayer, who presided at the
trial.
Sacco and Vanzetti. heads shaven,
waited last night in the death cells
to be led to the execution chamber.
Celcstino Madeiros, young Portu-
guese, convicted of another murder,
waited with them. He, too, was to
die at three minutes past twelve.
The hands of the prison clock.
which all day had licked minute
after minute from their hope Of life,
neared midnight.
Outside the prison, a throng
waited in tense silence. In New
York, London, Paris, Buenos Aires
and other cities on three corti-
nents, millions were absorbed in the
drama.
Within the prison. everything
was arranged for the execution,
when suddenly Warden william
Hendry's telephone bell rang. He
picked up the receiver and listened
to a brief message from the State
House.
Announces Respite
Respite for two, boys" he an
nounced, his voice uncertain.
The news spread like wild-hre.
Make that respite for three"
said the warden, still excited by his
telephone conversation with one of
Governor Fuller's advisers.
Vanzetti, the flsh-peddler phil
osopher, came to the bars of his
cell, his tired eyes sparkling and
said, I'm glad. I wanted to see my
sister before I die"
His sister is in Paris, hoping TO
be able to clear up passport diff
culties in time.
Sacco, on the twenty-fifth day of
his hunger strike, was too weak. to
rise from his cot. He made no COM
ment. The prison physician said
Sacco is so weak he cannot stand
alone for five minutes at a time.
and unless forcible feeding is re-
sorted to, 1t is not certain that he
will live beyond expectation of the
new respite.
Up to State Courts
After seven years Of uncertainty.
the case now has become more SIM
plifled. 1t apparently rested entire
ly on the State courts. With Fed
erA aid apparently barred by Jus
tice Holmes decision, observers
though it hardly likely Governor
Fuller would exert clemency If the
courts, for the last time, reiterated
their determination that the men
must die.
Meantime, 1t was expected sacco
and Vanzetti would not ba placed
in the death cells again until a de-
cision has been reached.
The most extraordinary precau-
tions in Massachusetts, history were
taken last night to guard the old
State Prison.
Ropes were stretched across all
thoroughfares within six blocks OF
the walls, and here mounted and
foot police established an impene-
trable Gordon.