The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1927-08-09
(Continued from Pace Twol

Vital bearing on the question WneLneI
Sacco and Vanzetti were fairly tried.
Certainly no reasoning individual,
reading the governors decision, will
concede that he has in any way jus
titled putting the two men to death.
'Gov. Fuller says that his inquiry
was based on three questions: l. Was
the jury trial fair? .. Were the ac-
cused entitled to q new trial? 8. Are
they guilty or not guilty? He con-
tends that the trial was fair, and that
the defendants were guilty of the
South Braintree murders.
"My belief that the trial at Dedham
was not fair is grounded on first
hand knowledge Of facts, Of which the
following are representative:
Thayer Openly Preiudiced.
Judge Thayer was obviously and
outspokenly preiudiced against the
defendants and the defense, and hos
tile toward them before any evidence
had been offered
'Sacco and Vanzetti were tried in
an iron cage shaped like a piano
box, with the sloping top open). This,
plus the heavy guard always in evil
dence at the courthouse, gave them
the look of dangerous men to the OBJ
server.
Witnesses Incompetent and
Questionable,
Identification testimony was given
by witnesses both incompetent and of
questionable character.
Framed testimony was given
specifically the pre-arrarged answer
by Captain William Proctor, gun ex-
pert for the prosecution, to get
around Proctor's refusal lin private
conference with Prosecutor Katz-
MANN to testify that the mortal bull
let came from Sacco's pistol This is
revealed in Proctor's affidavit.
Prosecution Hid Facts.
evidence was concealed by the
prosecution 1t knew from the start
that Roy Gould, travelling salesman,
was only a few feet from the escap-
ing bandit car at Braintree, that he
had a close view of the bandits, and
that he had said that he could not
identify Sacco and Vanzetti as being
among the robbers. Yet the state did
not summon Gould, and it did not no
tify the defense Of what he knew.
Not until long after the rial was he
found by the defense by accident,
and made affidavit concerning his
knowledge,
Concealed Fingerprint Evidence.
"Finger-print evidence was con-
cealed by the prosecution. Photo
graphs of the finger-prints on the
bandit automobile were made for the
prosecution, but it would never per-
NIT the defense attorneys to examine
those photographs, and it never in
troduced the finger-print evidence in
court Why not? If the finger-im-
pressions of Sacco and Vanzetti were
not on those doors, was not the de-
tense entitled to the benefit of that
fact? If their finger-prints had been
on the doors, certainly the state would
have used them as evidence.
Emphasis upon the radical social
beliefs of the defendants was used as
a bludgeon by the prosecution. 1t is
true, as Gov. Fuller points out, that
the defense introduced the radical is
sue into the trial. It is true also
that Judge Thayer advised the de-
tense not to introduce that issue. But
his advice on that point was never
considered a magnanimous act by the
defense.
bringing the radical issue in was
unavoidable The defense had to bring
in to show why the defendants lied
to the police on the night of arrest
lying which was characterized by
the prosecution as consciousness of
guilt, stressed by judge Thayer in his
instructions to the jury.
Avoiding Persecution.
"They led that night, each Of them
testified, because they feared perse-
cution as radicals, and because they
wanted to protect their friends, many
of whom had been deported, and one
of whom-Andrca Salsedo-had died
in a plunge from the 14th-story De-
partment of Justice offices here after
being held incommunicado two
months.
"On the night of arrest the police
found in Sacco's pocket the hand
written copy for a handful which he
was about to have printed, announ-
cling a meeting to protest against
Salsedo's death, which had occurred
two days before. That night the
Brockton police did not ask the pris-
oners about any murders nor hold
up, but about their social beliefs;
Are you a socialist, 49,. Are you
an anarchist? Do you believe
in government
Surely Innocent.
'In a close study of the whole case
beginning six months before the
Dedham trial, | have never found
any reason to doubt that Sacco and
Yanzetti were telling the absolute
truth about their movements on the
night of arrest, and concerning their
8 L L 1 4.