Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-21
Jurist, in Refusing Respite,
Leaves Way Open for Re-
course to Another Member
of Supreme Court.
GOVERNOR WILL STUDY
NEW REQUEST TOMORROW
Attorneys Call on Sargent, but
Find Little to Give Them Hope,
Condemned Mans Sister Is Al
lowed to See Him Outside Cell
Despite Rules.
Bv the Associated Press.

BOSTON, August 20.-.Arthur HILL
chief defense counsel for Nicola
Sacco and Bartolomeo Nanzettl, to-
rirht turned toward Justice LOUIS
u Brandcis of the United States
Supreme Court at the associate
Justices Summer home al chatham
Mass. in another last minute desper-
ate move to save his clients from
.xccution on expiration OF their latest
tesDite at midnight next Monday.
Denied a writ of habeas corpus or
ttav of execution by Judge James NJ
Morton. ir.. OF the United States
District Court carly today, and de-
ried stay by Justice Oliver Wen
dell Holmes OF the United States
SuDreme Court early this evening
Attorney Hill announced he would
take advantage of Justice Holmes
rction in leaving the way open tor a
similar application to another justice,
nj the highest court of the land and
90 TO Justice Brandeis with his
petition.
Will Leave at Once.
He announced from his ONCE mere
tonight that he would leave for Cnat-
ham lust as soon as l can get nome
and mack a bag" His plea for stay
nf execution TO Justice Brandels Will
bs on the same grounds as that mace
ia Justice Holmes-namely, that Pc
tjtions to bring the case before the
full bench of the United States Su,
,r-rf nf cprt1OT2rl
are to be filed in Washington as soon
rs the full records Of the case can be
forwarded to the Capital.
ATTORNEY Hill said that he would
not make any attempt to see Justice
,randeis tonight, but that he Wisneo
10 get to Chatham as soon as posslple
In order to present his case the hrst
Thing in the morning. He will be ac'
rompanied on the 90-mile automoblle
ride down the Cape tonight by three
pther members of the defense stan.
John Schuman. Richard {. EVarts ano
Arthur Barnhart.
Sent Letter to Governor.
Before going to Beverly Farms to
make their application to Justice
Holmes at his home there, defense
tol1nsel sent a letter to Gov. Alvan L,
Fuller asking that he grant another
respite The governor was at ms
Summer home in Rye Beach, n. ii.
and il was said at his Office that he
probably would not consider the letter
until his return here on Monday.
The applicati ton to Justice Morton
was made by Elias Field of defense
counsel. He saw the justice at his
Summer home in West Port last night
end again this morning at the BrlSto
County courthouse in Fall River.
Hill and Evarts, one of chief de
fense counsefs associates, made ths
trip TO Beverly Farms by automobilt
20 see Justice Holmes. They were il
conference with him from shortly
pfter = O'Clock until nearly 4:3O, Wher
Attorney Hill emerged with the an
rouncement that Justice Holmes hat
refused their petition.
Another defense attorney. Michae
T.. Nusmanno, who went to Washing
ton last night, met with a rebuff whel
he tried to file a petition for a VIII
of certiorari in the Office OF the clerl
of the Supreme Court of the Cnite'
states, He was Informed that tn
petition could not be received untl
complete copies Of the record OF tn
case in the Massachusetts Suprem'
Court and the Norfolk County Su
nerior Court were filed with II. Al
torney Hill at once dispatched par
of the records to Washington an
arranged TO send the rest as soon a
possible.
Sister Given Privileges.
While these legal steps We're II
nrocress Nanzetti received in the deaf
house at the state prison visit fror
his sister, Miss Luigia NanZett, VII
had journeyed from her home in ltal
l.n NitTlof q
,nce more. Both were deeply affecte
AT their first meeting in L years. Mis-
Vanzetti was given an exceptions
privilege by Warden William Hendr
when he unlocked the cell door an
pern1itted the two TO embrace.
IT'S nothing more than humane,
he said.
Svmpathizers today made the
third appearance as plckets IN frof
of the Statehouse. On the two pr
yio,,s occasions nearly 50 person
we're arrested for Ubstructing traitl
and today the same procedure wa
followed. all is of the pickets bein
taken to police station after the
had been given seven minutes 10 qu
the vicinity Among them were Power
Hapgood who is at liberty under ha
after annealing a sentence of 81
months in the State house OF CORE
tion for melting TO RIOT IN SAGE
Nanzelti demonstration on the Cor
mon. John Dos Passos, New York. AT
thor. and Paxton Hibben.
Lawyers Visit Sargent.
Attorney General John 6. Sa
gent received visit today at h
home in Ludlow, VT, from Attorne!
Arthur Garfield Hays, New YORK, al
Francis Fisher Kane, Philadelphia,
the interests of Sacco and VanZet
THE Attorney General declined to di
cuss the visit further than to sS
that he had listened to what tn
had to say and had told them tn
while he was away from Washlngt
all business of the Department OF Jl
fice was in the hands OF Acting =
torney General Farnum.
The citizens national commit
for Sacco and VanZetti in a stateme
issued this afternoon quoted Attorn
Havs as saying that Mr.. Sargent n
declared "fhat ii was the rrst III
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