New Britain Herald Newspaper, August 4, 1927, Page 8

NOW BROTHER OF MOTHER-IN-LAW - Three Weddings, One Bigamous, Does the Trick Oneco, Aug. 4 (P—It took three weddings to do it, but Benjamin D. : Esses, ot Coventry, R. I, finally suc- \ceeded in becoming the brother-in- JJaw of his mother-in-law. To show ithat he had no hard feelings, he {made the trip here o0 as to be mar- | ‘ried by the man who broke up his !first weddin gand jailed him for big- ‘amy about a year ago. Incident- ‘ally, Esses’ new mother-in-law who ‘became his sister-in-law only about a month ago was married by the ,same justice in the deaf and dumb language since both she and bridegroom, Esses' brother, are deal ‘mutes. A vear ago today Benjamin D. Es- : ses and Viola Malbourn were mar- . 'ried here by Judge J. O. Mowry. A few days later Justice C. gomery discovered that Esses had a wife living, so as prosecutor he had the man jailed for bigamy. Investigation disclosed however, that the first and only legal Mrs. Esses had lived in New York cit for 13 years with another man be fore she met Esses and the haras- | .sed husband secured a divorce in Washington County, R. I. The final decree was effective today. Meanwhile Benjamin's brother, 'Fred and Viola's mother, Mrs. Eliz- abeth Malbourn, came to Oneco a month ago and were married in the .deat and dumb language by Justice |which previously had overruled ex- Montgomery. As soon as the decree became ef- fective, freeing Benjamin from his ,previous bonds, he brought his for-|oheiq his decsion on the Madieros mer bride for the second, and this time, legal ceremony. 'LEGAL STRUGGLE OVER SEVEN-YEAR PERIOD (Continued from First Page) thousands of cablegrams, receives in telegrams, letters and petitions ‘connection with the case. May 14, 1927—Postal authorities .intercept parcel post package con- ‘taining a pound of dynamite and ‘threatening note addressed to Go Tuller. June 1, in review of case. June 29, 1927-—Governor 30-day respite to Sacco and zetti Aug. 2,19 ciines to intervens cution, Van- —Governor Fuller de- to prevent exe A criminal thion Piederick ot the Yorvill company Mass., and By Parments factory of th in South his guard, Al Berardelli,. were shot to d door of the factory on April Bandits who had driven to \ry in an automobile seized factory payroll of several thou ivand dollars which I biought from a bank and escape Nicola Sacco and Bartolomeo 7etti ente the case with their ar rest on charges of murder on M 5, 1920. Almost immediately there started the efforts to bring about their liberation which spread over more than seven years and extend- «d to Europe, Central and South Ameri Mistaken identity was the claim sot forth by supporters of the two . men. Even before they were brought to trial it became known that Sacco, a Stoughton shoe zetti, a Plymouth radical affiliations. They were indicted on Septem- ber 11, 1920, and at their trial “which started at Dedham on May 31, 1921, both admitted that they were radicals. When the jury on July 14, 1921, brought in a verdict of guilty ot murder in the first de- gree, the Sacco-Vanzetti defense committee which had been organ- ized to finance their defense assert- ed that the jurors had convicted the men hecause they were radicals and not hecause the evidence had shown that they had committed the murders. Judge Webster Thayer of the su- perior court, whose home is in Wor: cester, presided at the trial. Fred H. Moore of San Francisco was chief counsel for the defense. Sentence Brain- fish dealer, had was stayed pending motions for a| new trial. On December 24, 1921, Judge Thayer denied the first of these mo- | tions. At about the same time there occurred the first of a demonstrations in foreign countries by hizers with Sacco and Vanzetti, in the form of a protest by a labor commi In the yea demonstrations, companied by the in the vicinity of the bassies at Paris and the American lc video and other Mexico and South Several supple for a trial time to time. In M thur Hill, onc gaid that Judge way responsible the case. Length motions were ma November, 1923, Jduge Thayer tions. Meanwhile state prison. B for murder he of the attempted factory payms i earlier in the same and tenced fo a term of 12 to 15 v Judge Thayer presided at that t also. Sacco had been held in the folk county jail at Dedham in Febrnary and March, 19 conducted a month's hunger strik: ' Finally three in to examine him and on their re- port he removed to the Psy chopathic hospital in Boston. Ther: he was forcibly fed some 106 Alres, Monte- rope, y motions filed from 19 Ar- 1000's sel, new were reh con In Octoby re 1 th 1 rohi ar sen was 4 the | B. Mont- | 1927—Governor appoints | advisory committee of three to aid | grants | worker, and Van- | series of | alienisty were called | abandoned the strike from which he serlous effects. | While in the Boston institution |Sacco attempted suicide by striking | | his head against a piece of furni- | ture. Only a slight wound was in- | flicted. The alienists on March 27. 1923, declared him sane, and he recommitted to the Dedham Jail. In December, 1924, the question {of Vanzetti's sanity was brought up. iIn Januar. he was taken to the Bridge hospital for | observation. He was found sane in | | April of that year and was returned | to the sta Moore |the two men in November, 1924, and Thomas F. and N. J. McNarney, | who had been associated with him, | withdrew a month later. William | Thompson of Boston was en- | gaged as counsel to argue before |the Massachusetts supreme court an appeal from Judge Thayer's re- tusal of a new trial. | Celestino Madeiros entered the case in January, 1926, Madelros |was in the state prison, under sen- tence of de for the murder of ames E. Carpenter, a \Wrentham bank cashier, in November, 1924, | In a lengthy statement he asserted that members of the “Morelll gang” of DProvidence, R. I, with | which he had been associated, com- | uth Braintree murders Vanzetti had nothing to do with the shooting. On the basis of this statement defense counsel filed further motions for a new trial, which were denied by Judge Thayer in October, 1926. On the representation that he might be needed as a witness, Madeiros thrice was granted spites before |the Massachusctts supreme court state for | ceptions to Judge Thayer's refusal |to grant a new trial on other | began a hunger | rejoined | grounds, finally on April 5, 192 motions. On April 9, Sacco and Vanzetti | were taken to the Dedham court- {house and sentenced by Judge "l')\zl_\'er to die in the electric chair July 10. In the court made dramatic pleas, a room both erting their | judge of prejudice and of ing the jury against them. | Then Governor Alvan T. Fuller | became the center of interest in the ! was deluged with and cablegrams Il parts of the world. The majorit these communications, which came from persons of all | ! classes including many clergymen nd college professors, urged the | governor either to pardon the two men, commute their sentences or | bpoint a committee of citizens to make an impa investigation into the whole case. Some of them, how- ever, asked him not to interfere with the court's decree. Occasion- ally there came a threat of vio- lence. | In due course, from counsel for the at the state prison in the week of | innocence. They openly accused the | influenc- ! momentous decision of 2 | ment condemned men carried petitions to | governor, In a long, king his interven- written plea, Van- zetti asked not for a *pardon” but for “justice.” Sacco refused to sign the petition in his behalf and Mr. Thompson, in filing the plea clemency, explained that he f the long nervous strain had brought about a mental attitude for which Saceo was not altogether respon- sible. An alienist indicated that he found Sacco abnormal in certain re- | spects, and the governor was asked | to consider the plea, even if Sacco | had refused to sign it. | Accompanying the petition of the | counsel for the defense were five affidavits by newspaper writers who tion. 7,000 pages) and interviewing w appeared to have suffered no |nesses (nearly 200) cannot well be | cori completed by July 10.” The separate investigations pro- ceeded, a large number of witnesses being called before the governor and the advisory committee. The governor's advisory commit- tee invited counsel for the govern- ment and the defense to call wit- nesses who had not testified during the trial. This action was construed as opening to the defense lines of evidence that were barred under technicalities in the court proce- dure, On Sacco and Vanzetti ike. They refused food for a week. Then Vanzetti par- took of a single meal and thereafter Sacco in his refusal to ac- cept food. tovernor Fuller visited the state prison on July 22 and interviewed Sacco, Vanzetti and zetti, the last of the three to be brought into the talked with the governor for' an hour. Afterward the governor an- nounced that he would make a sec- ond visit to the prison. The advisory committee ed its hearing of witnes 21. It heard arguments on July Attorney Herbert G. Ehrmann, sociate defense counsel, and Dud- ley P. Ranney, assistant district at- torney of Norfolk county, and then was ready to draw up its report. July 17, pl (GOVERNOR FULLER DECLINES T0 ACT | Believes Sacco-Vanzetti Had Fair Trial--Death Week Away Aug. 4 (P—Exactly one week from today Nicola Sacco and Bartolomeo Vanzetti's seven year hattle to escape death for murder will end in the electric chair at the Charles e prison unless their counsel can discover an avenue of appeal to the federal courts. That possibility Is admittedly slender one. Governor Boston, a Fuller fn a 00 words t hope of : ¥ : judicial or executive branches of the govern- of the commonwealth by re- jecting their plea for clemency just before midnight. He declared he believed with the jury which tried them in 1921 that they were the murder erick A 'menter, tree paymaster, and Ale ardelli, his guard, He further rted that their trial had been fair and just and that he saw 1o reason for granting them a rehearing. The full text of finding follows: ext of Declsion The text of the governor's cision follows “On April his guard wer Alvan T. the governor de- 5h, 1920 a paymaster neld up, robbed brutally murdered at South DBraintree, Mass., On May 5th, 1920, Nicola Sicco and Bartolomeo Van- a il zetti were arrested; they were later | mur- | tried and found guilty of the der. The verdict was followed by seven motions for a mew trial and { two appeals to the Supreme Court for the Commonwealth, all of which heard and later denied. Prior to the trial of the two men in th ase, Vanzetti had bheen arrested, tried and convicted of an attempted holdup on December 24, 1919, at were had been assigned to the trial, and ‘\]H‘idgl water, Mass., and sentenced affirmed that Thayer, during the trial, had spoken outside the that showed he w: against the defendants, hers, who The governor hegan a personal in- | th vestigation into the ca On June 1 he announced that he had appoint- |accor an advisory committce to make |the constitution of a separate investi | A. Lawrence Towell University, President Stratton of the M tute of Technology and Judge Robert Grant of the probate court, as an author. On June 29, with the the execeutive counc Fuller granted a reepite to Vanzetti and Madeiros “to cluding August 10.” In a statem he said this was done “for the r son that the fask of reviewing tt nce and record (approximately of Samuel of nor cco, and in- it approval Gove SPECIALS FOR ALL Judge ‘ to who also was widely known |yere ars imprisonment. ppeal to the governor was court room in language | presented by counsel for the accused prejudiced |on Ta was m 3d of the present year. It first official connection with appeal, presented to me in ance with the provision our sustain the Harvard | courts if I hecome convinced that an W. lerror has been ichusetts Insti- | the trial had been unfair to the ac- former | cused. committed or that “I realized at the outset that there many sober-minded and con- scientious men and women who were genuinely troubled about the guilt or innocence of the accused and the fairness of their trial. It seemed to T ought to attempt to set the such people at rest, If it could he done, but I realized that with all T could do personally to find out the truth, some people me minds o DAY FRIDAY AT MARKET CO. 318 MAIN ST PHONE 2485 GRANULATED SUG Fancy none better RICE grown 4 Ibs Early June Peas 2 cans 19¢ P. & G. Soap .. 5 cakes 19¢ 'SPECIAL BLEND COFFEE . 10 Ibs. 61c BEAN Sugar Corn .... 2 cans 19¢ Beans 3 cans 25¢ . 1 1b, pkg. 25¢ 7Wed7gwo;d Creamery BUTTER 2 lbs 89c FRESH SELECTED EGGS . Leen Smoked SHOULDERS frica«ee e FOWL ....... 1h. 25c LEGS GENUINE ARMOUR'S STAR HAMS Best New POTATOES OUND YELLOW ONIO NATIVE SWEET CORN | SPRING LAMB i Sat L(;nk ‘Green Cukes. . ea. ¢ “Native (Cabbage T, e I e TR T ) ... 3 doz. 85¢ tovibErs 1 17€ EEE N i e . b, 35¢ 29¢ pk 33c .. 41bs, 19¢ . doz. 39¢c .. hd. 10¢ Madeiros. Van- | warden's office, | [nugm well in the end end doubt the tness of any conclusion that |L or in fact any other one man, | might reach. | Advisory Committee Chosen “I believe that 1 could best re- | ussure these honest doubters by hav- |ing a committee conduct an inves- !tigation entirely independent of my own, their report to be made to me and to be of help in reaching cor- rect conclusions, I felt that if after such a committee had conducted its investigation independently, we were not in substantial agreement, then |the course of Ma. chusetts justice | did not flow in as clear a channel |as I believe it should. The final de- cision and responsibility was, of course, mine. For this committee I | desired men who were not only well ;‘.md favorably known for their achievements in their own lines, but |men whose reputations for intelli- | gence, open-mindcdness, intellectual {honesty and good judgment were |above reproach. | “I asked to serve on that commit- |tee President Abbott Lawrence Low- cll of Harvard University, former Judge Robert Grant, and President samuel W. Stratton of Massachu- setts Institute of Technology. No one of them hesitated when asked to serve. They began work as soon as their affairs could be arranged, abored continuously throught much of June and through July, holding their sessions Independently, and ar- | rived unanimously at a conclusion which is wholly in accord with mine. The public owes these gentlemen its gratitude for their high-minded, un- | selfish service on this disagreeable and extremely important problem. | Court Proceedings | | “The court proceedings in this {case may be divided into two parts: Iirst, the trial before the jury with Judge Thayer presiding; second, |the hearings on the succession of ! motions for a new trial which were |addressed to the judge and passed |upon by him. All those proceedings bave heen attacked by some of the friends of the accused men and their | cousel. i Two Forms In Attack | “The attacks on the jury trlal {take two forms: First, it is asserted that the men are innocent and that | there was not sufficient evidence be- | tore the jury to justifiy a finding of | guilty; second, it is asserted that the trial ftself was unfair. The at- | tacks on the proceedings and on the | motions for a new trial are in sub- | stance that the judge was biased and unable to give the motions fair | and impartial consideration. ! Was Trial r } “The inquiry that T have conduct- ©d has had to do with the following | questions: Was the jury trial fair? Were the accused entitled to a new trial? Are they guilty or not guilty? “As the first question complaint has been made that the defendants were perseouted and convicted be- cause they were anarchists. Asa mat- ter of fact the issue of anarchy was | brought in by them tion of their suspicious conduct. | Their counsel, against the advice of Judge Thayer, decided to attribute their actions and conduct to the fact that they were anarchists, sugges ing that they were armed to protect themselves, that they were about to start out, at 10 o'clock at night, to colleet radical literature, and that | the reason they lied was to save their friends. | “I have consulted | member of the ju alive, cleven in number. They considered | | the judge falr; that he gave them no | indication of his own opinion of the | case. Affidavits have been presented | claiming that the judge was preju- diced. T see no evidence of prejudice | in his conduct of the trial. That he had an opinton as to the guilt or | innocence of the accused after hear- ing the evidence is natural and in- evitable, “The allegation ha that conditions in the court room | were prejudicial to the accused. After careful Inquiry of the jury and | others, T find no evidence to support this allegation. T find the jurors were with now every been made ! in | Common- | tion. This com- lsvealth has heen considered without | mittee was composed of President [intent on my part to MACKAY & WALLIN 63 MAIN STREET s an explana- | thoroughly honest men and that they were reluctant to find those men guilty but were forced to do so by the evidence. I can see no warrant for the asertion that the jury trial was unfair. “The charge of the judge was sat- isfactory to the counsel for the ac- cused and no exceptions were taken to it. The supreme judicial court for the commonwealth has consider- |ed such of the more than 250 ex- ceptions taken during the course of the trial as counsel for the accused chose to argue and over rule them all, thus establishing that the pro- ceedings were without legal flaw. “I have read the record and ex- amined many witnesses and the jury- men to see from a layman's stand- point whether the trial was fairly conducted. I was convinced that it was. Alleged New Evidence “The next question is whether newly discovered evidence was of sufficient merit to warrant a new trial. After the verdict against those | men their counsel filed and argued supplementary motions for a new trial, six of them on the ground of newly discovered evidence, all of which were denied. I have examined all of these motions and read the af- | fdavits in support of them to see | whether they presented any valid | reason for granting the accused men la new trial. I am convinced that | they do not and am further con- | vinced that the presiding judge gave no evidence of bias in denying them |all and refusing a new trial. | the commonwealth, | fore it appeals on four of the mo- | tions and had the opportunity to read the same affidavits which were [submitted to udge Thayer, deciined | for the dccused. In my own investi- | gations on the question of guilt, I | have given these motions and their supporting affidavits and the wit- nesses every consideration. Madeiros Confession “I give no welght to the Madeiros | confession. It is popularly supposed he confessed to committing this jerime. In his testimony to me he could not recall the detalls or de- scribe the neighborhood. He further- | more stated that the government had double crossed him and he proposes to double cross the government, He feels that the district attorney’s of- fice has treated him unfairly be- cafise his two confederates who were associated with him in the commission of the murder for which he was convicted were given life sentences, whereas he was sentenced to death. He confessed the crime for which he was convicted. I am not impressed with his claim to knowl- edge of the South Braintree murders. “I has been a difficult task to look back six years through ofher people’s eyes. Many of the witnesses told me their story in a way I felt was more a matter of repe tition than the product of their memory. { Some witnesses replied that during [the six years they had forgotten: | they could not remember; that it was a disagreeable experience and that they had tried to forget it. I could not hope to put myself in the position of a juryman and have the advantage of scelng the witness on the stand and listening to the evi- dence and judging the spoken word. “The motions for a new trial, however, were all made from affi- davits and therefore they could be reviewed under the same circum- stances as prevalled when the judge heard them. The Guilt Question “The next question, and most vital question of all, is that of the guilt or innocence of the accused. In this conection I reviewed the Bridge- water attempted holdup for which Vanzetti had previously been tried before another jury and found guilty. In this trial Vanzetti did not take the witness stand in his own defense. He waived the privilege of telling his own story to the jury, and did not subject himself to cross ex- amination. before Judge Thayer seven distinct | “The supreme judicial court for | which had be- to sustain the contentions of counsel | “Investigating this case, I talked to the counsel. for Vanzetti at the Plymouth trial, the jurymen, the trial witnesses, new witnesses, pres- ent counsel and Vanzettl. I have | talked with the government witnes- ses who saw the Bridgewater hold- up, who identified Vanzetti and I | belleve their testimony to be sub- stantially correct. I believe with the ' jury that Vanzetti was guilty, that! his trial was fair..I find nothing un- | usual about this case, .excepted as noted above that Vanzetti did not testify, in the Bridgewater case, | practically everyone who witnessed | the attempted holdup and who could | have identiftied the bandits identified Vanzetti. Brutal Murder, He Says “The South Braintree crime was | | particularly brutal. The murder of | the paymaster (Parmenter) and the | guard (Berardelll) was not neces- | sary to the robbery. The murders | were accomplished first, the robbery | ! afterward. The first shot laid Berar- jdellf low in the roadway and after | | Parmenter was shot, he dropped the | money box in the road and ran | across the street. The money could ; | then have been taken but the mur- | i derers pursued Parmenter across the |road and shot him again, and then | returned and fired three more shots | into Berardelli, four in all, leaving | i his lifeless form in the roadway. { “The plan was evidently to kill the | witnesses and terrorize the bystand- | ers. The murderers escaped in an fautomobile driven by one of their confederates, the automobiles being tafterward located in the woods at Bridgewater, 18 miles distant. “Vanzetti when arrested on May | 5th, had in his hip pocket a fully loaded revolver. Sacco had a loaded pistol tucked into the front of his | trousers and 30 loose cartridges | which fitted this pistol. Upon being questioned by the police both men told what they afterward admitted | was a tissue. of lies, | “Sacco claimed to have been | working at Kelly at April 15, the date of the South Braintree crime. | Upon investigation it was proven | that he was not at work on that day. | He then claimed to have been at the Itallan consulate in Boston on that date but the only confirmation of this claim is the memory of a for- mer employee of the consulate who made a diposition in Italy that Sac- co, among 40 others, was in the of- fice that day. This employee had no memorandum to assist his memory. “As the result of the study of the record and by personal investigation, of the case, including my interviews with a large number of witnesses, I believe with the jury that Sacco and Vanzettl were guilty and that the trial was fair. . “This ecrime was committed seven ' years ago. For six years, through dilatory methods, one appeal after another, every possibility for a delay has been utilized, all of which lend itself to attempts to frighten and coerce witnesses, to influence chang- es in testimony, to multiply by the very years of time elapsed the pos- sibilities of error and confusion. No Doubt Existed i “Tt might be said that by under- taking this investigation I have con- tributed to the elaborate considera- tion accorded these men. My answer is that there was a feeling on the part of some people that the various delays that had dragged this case through the courts for six vears were evidence that a doubt existed as to the guilt of these two men. The feeling was not justified. The per- sistent, determined efforts of an at- | torney of extraordinary versatility | and industry, the judge's illness, the | | election efforts of three district at- | torneys, and dilatoriness on the part | of most of those concerned are the principal causes of delay. The de- lays that have dragged this case out for six years are inexcusable. “This task of review has been a laborious one and T am proud to be assoclated in this public service with clear-eyed witnesses, unafraid to tell the truth, and with jurors who dis- | charged their obligations in accord- | ance with their convictions and their | oaths.” Come Now and Save at Our August Sale of Furniture DOUBLE DAY With fine quality Cretonne Mattress and valance, walnut finished e: $19.95 Others as low as BED nds of metal. $14.50 MATTRESSES $8.95 . $39.50 Cotton, Felt and Silk Fless Mattresses in a great variety of grades and coverings; all reduced for our August Sale.. All Sim- mons’ Beds and Springs included. Ends of the Season Clearance on All COUCH HAMMOCKS A PORCH ROCKERS Couch Hammocks with upholstered back, fine quality khaki. Now— $16.50 Carriages ND Strollers At ALL BABY CARRIAGES A GO-CARTS REDUCED $17.95 . $10.95 Side Icer, 50 capacity .... REFRIGERATORS All take a sharp reduction. 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