Evening star., 1927-08-08
STAY Of EXECUTION
REFUSED BY COURT
Habeas Corpus and Writ of
Error Petitions Also
Are Denied.
By the Associated Press.

| By the Associated Press.
| BOSTON, August S.-Justice San.
derson of the State Supreme Court,
today denied petitions by counsel for
| Nicola Sacco and Bartolomeo Vanzetti
| for writ of habeas corpus and stay
of execution. He also denied a peti-
| tion for a writ of error.
| Justice Sanderson said that after
giving the arguments all considera-
ton he must deny the application for
writ of error
This court" he continued, "has
no authority to grant a stay of SEN
tence.
The questions included in the peti.
ton for a writ Of habeas corpus are
not proper to an action for a writ of
habeas corpus and are therefore dis.
missed
One Witness Heard.
Arthur d. Hill, chief defense coun-
sci, argued for nearly two hours and
| Attorney General Arthur K. Reading
| replied briefly. The only witness was
William G. Thompson, former chief
defense counsel. other offers Of proof
| being submitted by Hill in affidayits.
Hill asserted that Sacco and Vanzetti
never had been given a fair trial. He
charged that Judge Webster Thayer
OF the Supreme Court, who presided
at their trial and refused them new
trial, had shown prejudice. "either
| consciously or unconsciously." He ad.
mitted that the petition for a new
triai, upon which he was TO appear
before Judge Thayer at Dedham this
afternoon, had not been filed within
lne time limit required by the stat
utes, but said that he would argue at
that time that the Superior Court had
a right to act upon it.
Thompson testified that before he
was officially connected with the "a GO
ana when he was simply "friendlv
observer" he had sat in the Dedham
court Tor three and a. half hours dur.
ing the examination of jurors for the
trlal or Sacco and Vanzetti. At tha
| tl1ne Fred Moore was chief defense
| counsel
Criticizes Judge Thayer.
AL each objection by Attorney
Moore, Thompson said, Judge Thav.
/ ef stared at Moore as though he wa
an OBJECT of curiosity, and then. turn.
ing 10 the jury box with what ] "a n
only xcall a contemptuous sneer he
"ouiu say, objection overruled.'
A.,orney General Reading called at.
.entloh 10 the fact that this case had
| oetn pending for seven wears
nan me i DO not charge that Mr.
these defendants have heen dila 49,.
Ihese defendants have not AT anv
stage been deprived of any riobtS
mere now enters the question Of the
rights OF the people of this common,
wealth oo'iiihoh
1hls writ of error, / have come +,
the conclusion, has been hrou0bt as
| the last step the defendants can ~
IN the courts Of the State and for the
purpose of removing the case from The
Jurlsriction Of the State courts int
That OF the Federal courts.
rms commonwealth has the we,
rare or every person within it's borders
equally at heart. These defendants
nave had good counsel and their ever,
fiGht has been respected"
Files Additional Affidavit.
Before leaving the COURTYARD Al
torney Hill filed an additional affi
davIt which he said he would also file
at Deoham later in the day. He saie
u was signed by Candido Dibona. bu
declined to say 10 what it related
Inc hearing before Judge Thavel
al Dcdham was set for . O'Clock thi
AFTERNOON. No word came from Gov
AlVan I. Fuller during the forenoon
as 10 when he would give his decision
on the petition sent him by defens,
counsel for stay of execution.
! When the governor would an.
nounce his decision on the plea fo
stay Of execution directed to hin
was uncertain. The only word which
had come from him at his Summe
nome at Rye Beach. \. H., was ;
telephone call to his secretary. Her
man A. Macdonald to the effect tina
ne would not act on the petitio,
before TODAY