Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-07
REPORT OF GOVERNORS BOARD
DEFENDS MASSACHUSETTS JUDGE
Thayer Held Indiscrcct in Talk to Out
siders, But Sacco-Vanzetti Trial
Declared Fair.

has: ard, indeed. some of them went
60 far as to say that they did not
know when they entered the jury
.oom to consider their verdict whether
he thought the defendants innocent or
cuiltT.
Natural to Form Cp:nicn.
"Ai4davits were presented to the
committee and witnesses were heard
to the effect that the Judge, during
and after the trial. had expressed his
opinion OF guilt in vigorous terms.
Prejudice means an opinion or senu-
ment before the trial. That judge
should form an opinion as the evil
cnce comes in Is inevitable, and not
prejudicial II not in any way brought
to the notice Of the jury, as we are
convinced was true in this case.
I'm one cf the motions for new
rial Mr.. Thompson. now counsel for
the defense. Contended that between
tie district attorney and officers OF
the United states secret service en-
gagged in investigating radical move
meIits there had been collision for
the purpose either of GeportinG these
defendants as radicals or Of murder.
and thus of getting them out OF the
way, that with this object Mr.. katZ-
mann agreed to sseXamine them
on the subject Of their opinions, and
that the files of the Federal Depart
ment of Justice contain material tend
ING to show the innocence Of Sacco
and Nanzetti. In support of these
charges ha filed affidavits by RuZza'
menti. Wcyand. Lethcrman and
Weiss, which declared that the files
of the Federal Department OF Justice
would show the correspondence that
took place in the preparation or the
case: hut none of these affidavits
states or implies that there Is any
thing in those files which would help
to show that the defendants are not
guilty. For the Government to sup
press evidence or innocence would be
monstruus, and to make such charge
without evidence to support 1t is
wrong. Mr.. katZmann, in answer to
a question by Mr.. Thompson. stated
to the committee that the Federal De
partnont had nothing to do with the
preparation of the case, and there is
no reason to suppose that the Federal
agents knew the evidence he pos
sessed. He stated also that he made
no agreement with them about the
spy PGCeu III zen.
"a spy named Carbone was, IN
deed, placed in a cell next to that
OF Sacco, and it was stated in an
agreement of subsequent counsel that
this was to get from him information
relating to the South Braintree MUIR
der. But Mr.. Katzmann. in answer
to a question by Mr.. Thompson. in
forms us that that is mistake; that
the Fe .eral authorities wanted to put
a man there with the hope of getting
information about the explosion in
Wall Street To this he and the sheriff
consented. but no information was,
in fact, obtained.
Before the committee Mr.. Thomp-
son suggested that the fatal bullet
shown at the trial rs the one taken
from Berardelli's body, and which
caused his death, was not genuine:
that the police had substituted it for
another in order by a false exhibit
to convict these men. But In this
case again he offered no credible evil
dence for his suspicion. Such an ac-
cusation, devoid of proof. may be dis.
missed without further comment. save
that the case of the defendants must
be rather desperate on it's merits when
counsel feel 1t necessary to resort to
charge of this kind.
Again, It is alleged that the whole
atmosphere Of the courtroom and it's
surroundings, with the armed police
and evident precautions, were such
as to prejudice the jury at the out.
set; while the remark of the judge to
the talesmen that they must do their
duty as the soldier boys did in the
war was of nature to incline them
against the prisoners, the jury do
not seem to have been conscious of
any such influence, or of the presence
OF any unusual number of police.
Nor do they appear to have entered
upon the case with the slightest pre-.
disposition in favor Of the prosecu.
ton. some of them, at least, very far
from 1t. We do not think these al
legations have a serious founda.
ton 80
Judge Under Strain.
Discussing the point whether on
account of newly discovered evidence
any OF the motions for a new trial
should have been granted" the re.
port says:
LAS exceptions to the denial bv
the judge Of these motions have been
taken to the Supreme judicial Court
OF the Commonwealth, they have. not
been sustained there; but the counsel
for the defendants contend that the
Supreme Court decided only that these
matters were properly within the dis.
erection of the judge, and that mis-
discretion had not been abused. They
urged, therefore, that while the
judges discretion was not illegally, it
was In fact wrongly, exercised, be-
cause he was too prejudiced to be
impartial; and that a wholly impartial
exercise of discretion would have
brought an order for a new trial.
There can be no doubt that the
judge has been subjected to a very
severe strain. Apart from the respon-
sibility that he has borne, the nature
Of criticisms made upon him has had
its effect: and the committee ere Of
opinion that while there is no suffi-
cient evidence that his capacity to
decide rightly the questions before
him In this case has been impaired,
nevertheless he has been in dis.
tinctly nervous condition. The com.
mittee have felt constrained, there.
fore. to examine the motions for q
new trial and the evidence on which
they are based with view to de.
the discretion Of the Judge on each
motion was in fact rightly exercised"
Cartridges Effect AIinimized.
Referring to the much disputed fact
that the jury foreman had in his
pocket at the trial three cartridges of
the same kind as were found in Van.
zetti's revolver, the report states
Another motion for a new trial is
based upon the fact that Walter
Ripley, the foreman of the jury, hap
pened to have in his pocket through
out the trial three 3S-caliber revolver
cartridges of the same kind as those
found in the revolver of Vanzetti when
arrested. The Supreme Court in the
case Of that motion. as of others, held
that the refusal Of new trial was
within the discretion Of the Judge: but,
as we have observed, this does not