Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-07

4 ~
Daily wherein he says that Ripley.
when summoned rs n talcsman, in
answer TO the question by him
whether I've was to be a juror in this
case, replied, Damn them. they
ought to hang them. any way Now
It is extremely improbable that Rip
ley was so different from other men
that he desired the dieagrceable task
of serving on this jury. and no had
only to reveal what he had said to
be excused.
Yet. in spite of a selective process
in making UP the jury so rigorous
that out CT the first 500 talesmen
only were taken, he was one of
these He did not live to contradict
the statement, and we believe that
DAILY must have misunderstood him
or that his recollection Is at fault
Did Not Confess Murder.
In regard to the Madeiros angle the
report has this to say: The question
whether a new trial ought to have
been granted IN consequence of the
confession of Madeiros depends upon
the weight which can be attributed
to it, and the importance OF the evil
dcnce offered in confederation. The
impression has gone abroad that
Medisos confessed committing the
murder at South Braintree. Strangely
enough. this Is not really the
case. He confesSes to being pres
ent, but not to being guilty OF the
murder. That is. he says that he, as
a youth of IS. was induced to go with
-;+h
he was going, or what was to be done,
save that there was to be a hoid-up
which would not involve killing; and
that he took no part In what was
done. In short, IL he were tried. his
own confession. if wholly believed,
would not be sufficient for verdict
of murder in the first degree.
Indeed, in his whole testimony
there is only one fact that can be
checked up as showing a personal
knowledge Of what really happened
and that was his statement that after
the murder the car stopped to ask the
way at the house of Mrs. Hewins at
the corner of Oak and Orchard streets
in Randolph. AS this house was not
far from the place on nearby road
where Madeiros subsequently lived he
might well have heard the fact men
toned.
Holds Former Opinion.
"There remains reference to new
evidence brought before the committee
and not hereinbefore considered. The
only two matters that seem TO us
significant are as follows The counsel
for the defendants produced Albert II.
Hamilton and Elias Field, who in
formed the committee that in an auto
mobile ride Capt. Proctor had to-.
Hamilton that in his real opinion the
fatal bullet had not been fired through
Sacco's pistol. After the time OF this
conversation Capt. Proctor made the
affidavit already referred to, and In
that, after quoting his testimony at
the trial
20. What is your opinion? A.
NV opinion Is that it Is consistent with
| being fired by that pistol.
He says: That is still my opinion.
| 1t seems to us improbable that capt.
Proctor, who has since died, should
have stated both at the trial and in
his affidavit that his opinion was con-
| sistent with the firing of the bullet
from Sacco's pistol, and in the mean
while should have said in conversation
| that his opinion was exactly the
| opposite, One Of the witnesses, Field,
| merely overheard Proctor's converse
| ton with Hamilton about a subject
with which he was not familiar; ana
| the latter stated also to the committee
| that Proctor told him that he believed
before the trial the bullet was rot
| fired through the Sacco pistol. when
would be an admission. not of mis-
| leading statement, but of deliberate
perjury. This charge is inconsistent
with Proctor's later affidavit, and we
do not believe Hamilton's testimony
on this point.
Tear Held Insignificant.
1.-THE other significant new matter
brought to the attention Of the COM
mittee by the counsel for the defense
is the statement of jeremiah F. Gal
Ivan. former chief of police OF Brain.
tree, who said that in the cap found
near the body of Berardelli and
claimed by the prosecuting counsel to
be that Of Sacco, the rent attributed
by them to its hanging upon a nall
in the factory, was In fact MADE by
him in attempting to find q name UNI
der the lining before he delivered the
cap to the officers investigating the
case. This statement we believe 10
be true, but the rent in the lining OF
the cap Is so trifling O matter In the
evidence in the case that 1t seems TO
the committee by no means ground
| for a. new trial. y"
In the case Of Sacco the chief cir
| cumstances are as follows: He looks
so much like one of the gang who
| committed the murder that a NUMBER
| of witnesses are sure that he Is the
man. Others disagree; but at least MS
general appearance Is admitted even
| by many Of those who deny the
| tn
who took part in the affair. Then
cap is found on the ground near the
body of the man he is accused OF
killing, which bears a resemblance In
| color and general appearance to those
he was in the habit of wearing, and
when tried in court fitted-that is. his
head was the size OF one of the men
who did the shooting. Then there is
| the fact that pistol that Berardell1
| had been in the habit Of carrying, and
which there Is no sufficient reason to
suppose was not in his possession at
! the time of the murder, disappeared
| and a pistol of the same kind was
found in the possession Of Vanzetti
when he and Sacco were arrested to-
gether, and of which no satisfactory
explanation II given.
Pistol Was Not Found.
at is difficult to suppose that
Berardelli was not carrying his pistol
at the time he was guarding the pay.
master with the payroll. and no pistol
was found upon his person after his
death. It Is natural, also. If the ban.
dts saw his pistol they should carry
it off for fear Of some one sheGtir. = p.