New Britain herald., 1927-08-20

federal district court declined to
regard to his denial Of a writ Of ha-
beas corpus for Sacco and Vanzet-
IT, Elias Field, associate defense
counsel, confirmed the statement
male by Arthur D. Hill, chief coun-
sci in Boston, that the writ had
been refused.
Washington, Aug. 20 GP>-Counsel
for sacco and Vanzetti were unable
to FLEA petition for review of their
conviction Of murder in the supreme
court to-day because the papers pre-
sentedgwere held to be not in salts
factory form. no records Of the case
being presented.
MIR. Hill issued statement in
which he said that as soon as he
heard from Michael A., Musnanno,
,psstfenee attorney, that NJ had filed
i tie. sf3etition for a writ 6f certorari
hi ,cIerk's office OF the supreme
go faahipx tops he would 80 to
y. lsvsriy 9c REQUEST Justice Holmes to
sssst6Ftl!ter q stay uf execution.
an view, however. Of the short
ssseaas fSsttne, 1t is not certain that 1t
wa Apoesible for us to do this,
and fof that reason l feel constraln-
cd to make this application to you.
I do not feel that the matter ought
to rest in a race for time. Our petit
tions for certiorari were sent to the
supreme court at Washington at
The earliest possible moment sub
seauent to our receiving word OF the
adverse decision on the cases by the
supreme judicial court OF the COM
monwealth and every possible step
Gas been and will be taken to expe-
lite the cases to a final CONCLUSION.
Boston, Aug. 20 up - The key
to the fate Of Nicola sacco and
l;artolomeo Vanzetti today had
passed from the hands of the
states highest court to that OF fed
oral tribunals. Judge James A.
4 Morton, jr., of the United States
district court, at his summer home
at Westport. Mass. had under ad-
! visement a petition for a writ OF
/ hsbeas corpus which would stay the
sentence of death now fixed for
Tuesday morning.
In Washington after night ride
from Boston, Michael A. Musman-
no, associate defense counsel, was
prepared to file application to the
United States supreme court for a
writ of certiorari which would
bring the whole case before the
court for review.
Defense counsel regarded It I'M
lucrative that some stay of sentence
be obtained in order that the ten
copies required by federal proce-
,lure might be made OF the lengthy
record of the -year-long case.
# Judge Morton does not see ut
20 grant it, il was indicated that
the circuit court or perhaps su-
preme court justice would be asked
TO grant the desired time.
As the result of the action Of the
Massachusetts supreme court yes
terday, observers of the prolonged
legal battle for the lives of the two
men which the state has claimed
forfeit for murder could see only
Two remote chances OF relief re-
naming in this state.
Further Respite Possible
Gov. Fuller and his council
could grant q further respite. The
governor has refused to indicate
what his attitude would be toward
plea for such action other than
70 saw he would be at his Office in
the state house on Monday ready
TO hear any request that might
arise.
Hint Sanity Plea
The other alternative would be
rlea for examination of the sanity
Of the prisoners. such as has been
made a last minute stand by coun-
sci for other condemned men in the
past. The defense has given no
hint that it would attempt this and
no one in authority would comment
on the possibility of its success.
With the case growing toward
another, and perhaps its final eli
max, authorities everywhere doubled
their guard against disorder. Bos-
ton police, 1000 strong. went on
c4-hour duty this morning. every
magazine in the state was kept ur-
der close scrutiny. while all persons
who have been connected prom,-
nently with the Sacco case were
watched with especial care.
For the first time In the memory
OF out-spoken Boston all permits for
meetings on Boston Commons soap