Douglas daily dispatch., 1927-08-09
DOUGLAS DAILY DISPATCH TUESDAY MORNING AUGUST O. 1927

the outcome of today's legal twists.
Defense counsel tonight pinned their
hopes OF q further respite from the
governor sometime before the present
one expires at midnight Wednesday
on legal precedent and the fact that
several court actions are still open to
| them.
The first action may be determined
tomorrow on receipt OF Judge Thayer's
decision on todays petition for revoca-
ton OF sentence and stay OF execution.
In the event of an adverse decision the
defense will have recourse to the state
supreme court on exceptions noted to-
day to Judge Thayer's refusal to grant
a new trial.
Pending the outcome of the supreme
court appeal three more avenues are
open to the federal courts. An ap-
peal for writ of habeaS corpus may
be taken to the United States district
court in Boston, the United States
circuit court of appeals or to single
Justice of the supreme court of the
United States.
Defense counsel indicated tonight
these moves would be made if neces-
sary, starting with the lower court first
in order to insure a decision from
every available source. The appeals
would be based on the same grounds
as those tiled today, namely prejudice
on the part of the trial judge and dis
covery of alleged new evidence.
The case came before Judge Thayer
in Dedham today in the same court
room where the men were tried and
in the same room where they were
sentenced four months ago. The scene
was hardly less dramatic than those
that have preceded it in the long fight
Waged by the two men. The court
house was heavily guarded by deputy
sheriffs and state and local policemen.
The doors were barred and guards
stood about the corridors. Judge
Thayer arrived from his home in Wor-
ceSter under guard and was accom-
panied by guards when he lett early
this evening.
For the first, time since he became
the center of charges involving his
conduct of the trial Judge Thayer look
official rcognizance OF the allegations
of prejudice and bias directed against
him by the condemned men and by
their supporters, From the bench,
after announcing his decision refusing
his official conduct and denied any
the motion for new trial, he defended
prejudice on his part. The record OF
the case, he said, would show what
his conduct had been. Alleged prejudice
on the part of Judge Thayer by Whlcn
counsel contended the two men were
denied a fair trial was the prlnclpaI
basis of the defense plea. Attorney
Hill argusd the motion. Attorney Cen
g Arthur K. Reading, opposed Cnen
the states representative.
In arguing the motion for new
trial Attorney Hill declared it was I'M
possible for any man, after having
gene through seven years of Htiga-
ton, to render an impartial Judgment
and he read to the court portion OF
the report of the advisory commltGee
named by Governor Fuller IN winch
the committee commented on preJudl-
cial statements attributed to Judge
Fuller outside of court.
The judge asked him to look up the
statutory definition of prejudice.
"WiIl YOU look UP the authority?"
Judge Thayer asked. Perhaps l am
asking %GOO 1luC1As L law AOOhOA OAANAAA
up and have spent considerable time
myself on this, for when my honor is
involved there is nothing that touches
my heart and conscience more"
Attorney General Reading declared
the defendants had had every oppor-
tunity in the courts to protect them
selves and, he added, "the rights OF
these defendants do not transcend the
laws of the Commonwealth" The
condemned men, he said, had 1lad
able lawyers and had been able ito
protract these proceedings far beyond
the ordinary time"
Judge Tllayer rendered his decision
denying new trial Immediately after
the lawyers concluded their argu-
ments, explaining that he held no
jurisdiction.
The other questions those involv-
ing revocation of sentence and stay
of execution-he said were "some
what different" and required more
time for consideration.