Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-18
SACCO-VANzETT|
RULING TOMORROW
Counsel to Ask Supreme
Court for Writ of Certiorarl
if State Denies Plea.

By the Associated Press.
BOSTON. August 1S.-Announce-
ment tina the decision of the Massa'
chusetts Supreme Court on exceptions
and a petition for a writ of error in
the Sacco-N anzetti case would he made
public tomorrow morning was made
at the office of the official reporter Of
Supreme Court decisions this after
noon.
It was understood that the four
Judges, who, sitting as the full bench,
heard arguments on Tuesday, had
completed the writing of their deci-
sion. It was decided, however. not to
make it public today. The official re-
oorter said that it would be given out
shortly after o'clock tomorrow morn
ing.
Petition for a writ Of certiorari in
the case Of Sacco and Vanzetti will be
filed with the United States Supreme
Court in Washington in the event that
the Massachusetts Supreme Court de-
MES the petition argued before it on
Tuesday, it was made known today
by Michael Angelo Musmanno, Pitts
burgh attorney, who is associated with
the defense.
Will Await State Action.
Attorney Musmanno said that he
himself would go to Washington with
the necessary papers, which would be
filed with the clerk of the highest court
in the United States. He added that
l. 70 Nac I1f me ON
before the State Supreme Courts ac-
tion was announced.
Intimation that the defense would
carry their appeal to the Federal
courts was seen yesterday when
Arthur D. Hill. chief counsel, visited
the Federal Building and received in
formation regarding the procedure in
filing a writ of certiorari. Although
it is understood petition for such
a writ must be filed in Washington. It
appears likely that an appeal would
also be made to a Supreme Court jus
tice for a stay of execution as soon as
the petition was filed. In this case
it is probable that the defense would
appeal to Justice Oliver Wendell
Holmes, now at his home in Beverly.
despite the fact that he refused a
petition for a writ of habeas corpus
last week.
Demands Release of Review.
The Sacco-Vanzetti defense commit
tee has demanded that the United
States Governme ent furnish the Amer
lean press with the same review Of the
case as was released by the State De-
partment recently in Argentina. A
meeting sponsored by the committee
will be held in a Boston hall tonight.
Three attempts to hold meetings on
Boston Common in recent weeks have
been broken up by the police.
The demand for immediate release
of the review was made in letter to
Secretary of State Kellogg. THE
Sacco.Vanzetti case" the commu-
read, far from not being
matter OF Federal concern,
is now apparently such vital issue to
the Federal Government that that
Government formally undertakes the
extraordinary task of informing the
public Of one foreign nation what the
State of Massachusetts has done in
the case Of two citizens of another ma.
tiOn.
Both Appear Healthy.
I'VE cannot reconcile this action
with the repeated statements of the
President Of the United States, the
Attorney General and your own de.
partment that the Sacco- -Vanzetti case
is solely a Massachusetts, affair and
OF no concern whatever to the Fed
era1 Government"
The fact that little more than four
days remain of the respite which
saved them from the electric chair on
the night Of August 10, apparently
a W. to Nd Noy
zetti today. Both men ate their
breakfast seemingly with as much
enjoyment as at any time during
their imprisonment.
Sacco is rapidly recovering the
strength that he lost during his long
fast, while Vanzetti's appearance re-
mains little changed.
When DIR. Joseph ]. Mclaughlin,
the prison physician, paid his daily
visit to the two prisoners today he
asked Vanzetti how he felt and re-
ceived the reply:
Fine, thank you"
Holds Thayer Disqualified.
Attorney Hill today filed with the
full bench OF the State Supreme
Court supplementary brief in an
swer to the arguments put forth by
on Tuesday. The brief was offered
for the consideration of Judges
Braley, Pierce, Carroll and Wait be-
fore handing down their opinion.
Answering Attorney General Read
ing's contention that the issuance of
a writ of error in a capital case is
within the discretion of single JUS
tice, Attorney Hill said he could find
mo case whene a single Justice has
made final disposition Of a petition
for writ OF error
The brief also insisted that Judge
Webster Thayer was disqualified to
preside over the case because OF his
alleged prejudice concerning which
the defense had filed numerous affi-
daVits.
Dynamite Reported Stolen.
State police investigating the
bombing OF the home of Lewis
McHardy, juror in the Sacco-Van.
zetti trial today turned their atten-
ton TO the theft of Is sticks OF
dynamite from the garage Of Joseph
Bravo, in Medfeld.
The dynamite disappeared last
Saturday. McHardy's home in East
Milton was dynamited early Tues
day morning.
George c. Neal state fire mashal.
Da CAl,