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

counsel in advance of delivery, so that
counsel had no inkling of what he
would say in his charge until it was
uttered.
Defense Declines "Magnanimity."
'"Then, when counsel objected to
certain paragraphs in the charge
(this in conference out Of the jury's
kearing), Judge Thayer made a show
of magnanimity by offering to recall
the jury and to re-read those para
graphs and tell the jurors to disre-
gard them because of objections by
the defense. Naturally, the defense
declined Thayer's offer, because the
recalling of the jury for such pur-
pose simply would have emphasized
the points made by the Judge in the
Objectionable paragraphs.
Identification Testimony.
con what kind of Identification tes-
timony was the conviction of Sacco
and Vanzetti obtained?
"Mary Eva Splaine, shoe factory
bookkeeper, saw the bandit car at
South Braintree escape. She was in
a second-story window about 70 feet
away, and she saw the car only in
the brief time required for it to travel
IS feet at IS miles an hour-which is
one and one-fifths seconds Cher view
was cut off by q cobbler shop). Yet
she gave detailed description of the
bandit who leaned out from behind
the front seat-told his height
weight, color of hair and eyebrows
complexion; described his face as
thin, forehead high, shoulders square;
described his left hand, which was
two feet or more from his face, on
the back of the front seat.
Witness Contradicts Herself.
"At the trial Miss Splaine identi,
fled Sacco as that bandit. But in the
preliminary hearing year before the
trial she admitted under oath that
she could not swear positively that
Sacco was the bandit Confronted
by the record of the preliminary hear
ing at the trial, she declared she hac
never said such a thing.
"Next day, however, she came back
into court, took the stand again, anc
admitted that she had said at the
preliminary hearing that she coulc
not swear positively that Sacco was
the bandit. She was positive now
that it was he, she contended, because
of long reflection on the matter
All this will be found on page Ale
of the trial record.
Con page Sc of the preliminary
transcript one finds that Miss Splaine
said in police court concerning Sacco
4 do not think my opportunity af'
forded me the right to say he is the
man
Could Not Say Sacco in Car.
Frances Devlin, who saw the es,
cape from the same window as Miss
Splaine, also positively identified
Sacco at the trial as the bandit who
leaned from the car. But she admit.
ted that at the preliminary hearing
she had said: 4 don't say positivel!
he is the man. She admitted alsc
that in the Brockton police station
Sacco was compelled to assume pos
lures like that of bandit for her.
Carlos Goodridge, a phonograpl
salesman, was another who 'identi
fled Sacco. His testimony was dis
credited by three men to whom hi
talked after the murders, and tt
whom he said that he couldn't iden
tify any of the bandit 1t was shown
to Judge Thayer, in the absence o:
the jury, that when Goodridge frs
identified Sacco in September, 1920
(when Sacco and Vanzetti were il
the courtroom at Dedham for a hear
ing) Goodridge also was in court OF
charge of absconding with fund!
belonging to his employer.
One Witness Was Absconded.
Judge Thayer rejected this evidence
because no judgment was entered il
the Goodridge case. But GoodridgC
pleaded guilty to the abscondine
charge, and his case was filed Die
Goodridge receive a reward of free
dom for his willingness to testif!
against Sacco?
lola Andrews, woman of doubt
full reputation, testified that she wa
in South Braintree on the morning o
April Is, 1920, prior to the, murders
and that she asked a question of ;
man who was under an automobile
fixing it. This man she identified
as Sacco. But Mrs. Julia Campbell
a woman who was with her at thu
time, testified that Mrs. Andrews die
not speak to the man under the car
A Quincy policeman and others ties
titled that Mrs. Andrews told then
she could not identify any of tn
bandits.
Witness Retreats Retraction!
"After the trial Mrs. Andrews mad,
an affidavit retracting her testimony
and subsequently. retracted that re
traction.
mike Levangie, railroad crossing
Waterman, identified the driver o
the bandit car as Vanzetti. But evel
the district attorney admitted tina
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